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(Revised 5/15/07 ML #3087)
On the federal Indian reservations, the role of the county social service board must fall within judicial and jurisdictional limitations. The state recognizes a government-to-government relationship with the tribes.
The role of the county social service board is limited because the state has neither criminal nor civil jurisdiction over Native American children.
The tribe has the right to set their own foster home licensing standards. The state will accept an affidavit of compliance with the tribal licensing standards. The standards must be reasonably in accord with a national licensing standard, be adopted by formal tribal resolution, and submitted to the Department along with a copy of the standards.
Tribes may only receive title IV-E funds pursuant to a title IV-E agreement with a State. A Tribe that enters into such an agreement must comport with section 471(a)(20) of the Act and section 1356.30 in accordance with the State plan in order to receive title IV-E funding on behalf of children placed in the homes it approves. The Tribe must provide documentation that criminal records checks have been conducted with respect to prospective foster and adoptive parents.
The background check consists of the following:
Completion of “Personal Authorization for Criminal Record Inquiry,” SFN 838, for each adult in the prospective foster home.
Completion of “Background Check Address Disclosure,” SFN 377, for each adult in the prospective foster home.
Completion of two fingerprinting cards, if required.
In the absence of unique tribal foster care licensing standards, the state will accept an affidavit (signed by a tribal official) that the home meets state licensing standards.
State law applies to non-Indian persons on Indian reservations, including the requirement for licensing foster homes in accordance with state law and rules for the care of any foster child.
By tribal resolution, press release, and otherwise, Native American people have made known a concern over the removal or possible removal of Native American children from the reservation to a non-Indian culture off the reservation. This concern is to be recognized and respected. Therefore, with reference to Native American children living on a federal Indian reservation, representatives of the Department of Human Services and county government will not be involved in the removal of any Indian child from the child's parents or the placement of the Indian child off the reservation. The county may respond to the Tribal Court in terms of social information or recommendations. In keeping with this concept, the county social service board is not to accept legal custody of a Native American child unless the appropriate court has first determined the child is to live and be cared for off the reservation.