This letter transmits nine rules regarding the Indian Child Welfare Act (ICWA) that have been reviewed as required by the five-year review process. These rules will become effective 03/15/2023.  The following is a brief explanation of the changes:

OAC 5101:2-53-01 entitled Definitions Related to the Indian Child Welfare Act provides definitions of terms used in rules implementing the Indian Child Welfare Act.  No changes have been made to this rule.

OAC 5101:2-53-02 entitled General Provisions of the Indian Child Welfare Act (ICWA) provides information regarding when ICWA requirements apply to child custody proceedings and when they do not apply.  No changes have been made to this rule.

OAC 5101:2-53-03 entitled Determination of Indian Status, Tribal Eligibility and Membership describes provisions for determining a child's status as an Indian child.  No changes have been made to this rule.

OAC 5101:2-53-04 entitled Indian Child Welfare Act (ICWA) Notice Requirements outlines requirements for notifying an Indian child's parents or Indian custodian, the Indian child's Tribe, and the Bureau of Indian Affairs (BIA) regarding a child custody proceeding involving the Indian child.  This rule has been revised to update the mailing address for the Midwest Regional Office of the BIA.

OAC 5101:2-53-05 entitled Voluntary Agreement for Temporary Custody of Indian Child describes the responsibilities of a public children services agency (PCSA) or a private child placing agency (PCPA) when executing an agreement for temporary custody of an Indian child.  The revision date for the JFS 01645 “Agreement for Temporary Custody of Child” has been removed.

OAC 5101:2-53-06 entitled Emergency Removal and Involuntary Custody of Indian Children describes the responsibilities of PCSAs and PCPAs when an Indian child is in the agency's custody.  This rule has been revised to update the mailing address for the Midwest Regional Office of the BIA.

OAC 5101:2-53-07 entitled Permanent Surrender or Parental Consent to Adoptive Placement of Indian Children describes the responsibilities of PCSAs and PCPAs when an Indian child has been permanently surrendered for adoption by the parent or the Indian custodian.  The revision date for the JFS 01666 “Permanent Surrender of Child” has been removed.

OAC 5101:2-53-08 entitled Placement Preference of Indian Children describes the requirements of PCSAs and PCPAs for adhering to placement preferences when selecting a placement setting for an Indian child.  No changes have been made to this rule.

OAC 5101:2-53-09 entitled Procedures for the Transfer of Indian Children to a Tribal Court, a Tribal Title IV-E Agency or an Indian Tribe with a Title IV-E Agreement identifies requirements for transferring child custody proceedings to a Tribal court, a Tribal Title IV-E agency, or an Indian Tribe with a Title IV-E agreement.  Review dates for the JFS 01661 “Interstate Compact Placement Request (ICPC 100A) and the JFS 01662 “Interstate Compact Report on Child’s Placement Status (ICPC 100B) have been removed.

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted in the FCASM.