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.
LOCATION
|
REMOVE AND FILE AS OBSOLETE
|
INSERT/REPLACEMENT
|
Social Services
| OAC 5101:2‑53‑01 OAC 5101:2‑53‑02 OAC 5101:2‑53‑03 OAC 5101:2‑53‑04 OAC 5101:2‑53‑05 OAC 5101:2‑53‑06 OAC 5101:2‑53‑07 OAC 5101:2‑53‑08 OAC 5101:2‑53‑09 | OAC 5101:2‑53‑01 OAC 5101:2‑53‑02 OAC 5101:2‑53‑03 OAC 5101:2‑53‑04 OAC 5101:2‑53‑05 OAC 5101:2‑53‑06 OAC 5101:2‑53‑07 OAC 5101:2‑53‑08 OAC 5101:2‑53‑09 |
Transmittals
|
|
FCASMTL No. 516
|