Contact

Juvenile Court Improvement Program
1163 State Street
Salem, OR 97301-2563

Phone: 503.986.5618
Fax: 503.986.5859
Oregon Relay Service-711

E-Mail: JCIP.Info@ojd.state.or.us

Indian Child Welfare Act Self-Test

25 U.S.C. § 1915 . Placement of Indian children

(b) Foster care or preadoptive placements; criteria; preferences

.   .   . In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with

  1. a member of the Indian child's extended family;
  2. a foster home licensed, approved, or specified by the Indian child's tribe;
  3. an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
  4. an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

(c) Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences

In the case of a placement under subsection (a) or (b) of this section, if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section. Where appropriate, the preference of the Indian child or parent shall be considered: Provided, That where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.

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