Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Active efforts must begin when the Department
has reason to know the child may be
anIndian child. The ORICWA applies to
anyproceedings under OAR 419B, until the court determines that the
child does not meet the definition of Indian
child. Active efforts require a higher standard of conduct than
reasonable efforts. Active efforts must:
(a) Involve assisting the parent
or parents or Indian custodian
through the steps of a case plan and with accessing or developing the resources
necessary to satisfy the case plan;
(b) Be provided in a manner consistent with
the prevailing social and cultural conditions and way of life of the
Indian child's tribe whenever possible;
(c) Be conducted in partnership with the
Indian child and the Indian child's
parents, Indian custodians, member
extended family members and the Indian child's tribe
whenever possible;
(d) Involve
consultation and collaboration with the Indian child's tribe
in all assessment and case planning decisions and service delivery;
(e) Be tailored to the facts and
circumstances of the case; and
(f)
Be designed to ameliorate the need for removal.
(2) During a CPS assessment
and prior to a determination that the child must be removed
from the home of the parents or Indian
custodian, the Department must engage in
active efforts and offer services of a remedial nature
designed to prevent the removal of the Indian child from their
parent or Indian custodian. These
active efforts must include efforts to:
(a) Counsel and modify the behavior of the
parents or Indian custodian.
(b) Ameliorate any imminent physical
damage or harm.
(3) The Department must
involve the Indian child's
extended family
members, tribe(s), and tribal organizations at the earliest possible
point during the assessment to reduce the potential for cultural bias when
evaluating home and family conditions and making decisions affecting
Indian children and families.
(4) In order to demonstrate that
active efforts have been made, during the course of a
CPS assessment and throughout the
Department's involvement with the family of an Indian
child, the Department must, at a minimum:
(a) Contact the tribe, potential service
providers within the Indian child's tribe, tribal community
and other community resources to identify placement resources and culturally
appropriate services.
(b) Take
steps to keep the Indian child and the Indian
child's siblings together whenever
possible.
(c) Support regular
visits with the Indian child's parent(s) or
Indian custodian in the most natural setting possible, as well
as trial home visits during any period of removal, consistent with the need to
ensure the health, safety and welfare of the Indian
child.
(d) Contact and
consult with the Indian child's extended family
members and the tribe, to determine whether additional support for the
Indian child and the Indian child's
parents is available from any extended family
member.
(e) Collaborate
with the parent or Indian custodian, the
Indian child's tribe, and the Indian child,
if the Indian child is developmentally appropriate, when
formulating the case plan.
(f)
Assure that due consideration has been given to the cultural needs and values
of the family and that resources have been diligently sought to provide
services to the family.
(g) Tailor
the case plan to the facts and circumstances of the case.
(h) Actively assist and engage with the
parent or Indian custodian, to overcome
barriers in achieving the case plan objectives and work with
the parent or Indian custodian to engage them
in remedial services and rehabilitation programs to prevent the breakup or
support the reunification of the family. Consider alternative options to
address the needs of the Indian child's
parents, Indian custodian or extended
family members. Monitor progress and participation in the
services.
(i) Identify community
resources, including but not limited to housing, financial assistance,
employment training, transportation, mental health, health care, substance
abuse prevention and treatment, parent training,
transportation and peer support services and actively assisting the
Indian child's parents or, when appropriate,
the Indian child's extended family members,
in utilizing and accessing those resources.
(j) Contact the tribe, potential service
providers within the Indian child's tribe, tribal community
and other community resources to identify placement resources and culturally
appropriate services.
(k) Provide
any other efforts that are appropriate to the Indian child's
circumstances in consultation and collaboration with the Indian
child's tribe.
(l) Provide
post-reunification services and monitor for the duration of thejuvenile
court's jurisdiction; and
(m) Document the
Department's active efforts in the
Department's information system.
(n) Document active efforts in detail in
writing for the court and all parties.
Statutes/Other Implemented: ORS
418.005,
ORS
419B.185
& ORS 419B. 340
