Placement Preference

Some placement requirements are the same as for non-Indian children such as:

  • least restrictive that approximates a family, taking into consideration sibling attachment,
  • meets the child’s special needs, if any
  • reasonable proximity to child’s home, extended family, or siblings (except if being placed for adoption)
  • These must be pursued in order. You can only move onto the next option after the prior has been successfully exhausted.
  • Keep documentation that prior levels have been exhausted in the case file.
  • Communication with the tribe is key to show that you have done all you can to exhaust each level before moving on to the next.

Placement Preferences

  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
  4. An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child’s needs [Ref. s. 48.028(7)(b); 938.028(6)(a)]

  • These must be pursued in order. You can only move onto the next option after the prior has been successfully exhausted.
  • Keep documentation that prior levels have been exhausted in the case file.
  • Communication with the tribe is key to show that you have done all you can to exhaust each level before moving on to the next.

Placement Preferences

  1. A member of the Indian child’s extended family
  2. Other members of the Indian child’s tribe
  3. Other Indian families [Ref. s. 48.028(7)(a)]

  • If yes, those placement preferences supersede those outlined above.
  • Be sure to ask the tribe if they have established their own preferences.
  • Engage the tribe in assisting seeking placements that meet these preferences.

  • After diligent search for a proper placement, you can ask the judge to make a Good Cause finding, on the record to depart from placement preferences.
  • If the judge makes a good cause finding to depart from placement preferences, you must continue a diligent search to find a placement that meets the placement preferences.
  • Once a placement is found that meets the above preferences, you must change the placement to the appropriate placement provider.
  • Good Cause to Depart from Placement Preferences should be based on one or more of the following:
    • Request of the parent, if they attest they have reviewed the placement option, if any, that comply with the order of preference.
    • Request of the child, if child is of sufficient age and capacity to understand the decision
    • Presence of a sibling attachment that can be maintained only through particular placement.
    • Extraordinary needs of the child, such as specialized treatment services.
    • Unavailability of suitable placement after a determination by the court that diligent search was conducted.
  • Good Cause to Depart from Placement Preferences may not be based on:
    • The socioeconomic status of any placement relative to another placement
    • Ordinary bonding or attachment that flowed from time spent in a non-preferred placement
  • Basis for good cause must be stated:
    • Orally on the record or
    • Provided in writing on the record and to the parties

  • Document your diligent efforts for each tier of the preferences in the placement tab
  • Once your placement is entered, you cannot enter this information so, be sure to enter it when entering the placement in eWiSACWIS!

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