Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.01 - CHILD AND FAMILY SERVICES
ALTERNATE (OUT-OF-HOME) CARE
Section 16.06.01.402 - INVOLUNTARY PLACEMENT OF INDIAN CHILDREN
Current through September 2, 2024
Involuntary placement of an Indian child in foster care must be based upon clear and convincing evidence, including information from qualified expert witnesses, that the continued custody of the child by the parent(s) or Indian custodian(s) is likely to result in serious emotional or physical damage to the child. In the absence of good cause to the contrary, a preference must be given to placement with:
01. Extended Family. A member of the Indian child's extended family;
02. Foster Home Approved by Tribe. A foster home licensed or approved by the Indian child's tribe;
03. Licensed Indian Foster Home. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
04. Indian Institution. An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the child's needs.
Effective March 15, 2022
