Indian Children Being Sent From Other States Clause Samples
The "Indian Children Being Sent From Other States" clause governs the procedures and requirements for the placement of Native American children into a state from another jurisdiction. It typically outlines the necessary notifications, approvals, and compliance with federal and tribal laws, such as the Indian Child Welfare Act, to ensure the child's best interests and the preservation of tribal connections. This clause helps prevent improper or unauthorized transfers, ensuring that the rights of the child, the family, and the tribe are respected and that all legal safeguards are followed during interstate placements.
Indian Children Being Sent From Other States. If the transfer forms indicate that the child is Indian, the Department will not approve the transfer or placement until documentation is furnished stating that the child's tribe has been notified. In responding to the sending state's request, the Department shall be governed by the best interests of the Indian child as set forth in this Agreement. If the child is an Indian child, and the proposed placement is not within the order of preference identified in the Indian Child Welfare Act, the Department shall not accept the child for placement in Minnesota unless the placement meets the good cause exception to the placement preferences as set forth in the Indian Child Welfare Act and relevant case law and the definitions herein. In making the determination as to whether the placement meets the "good cause exception" to the placement preferences, the Department shall contact the sending state and instruct it to get a letter from the Indian child’s tribe.
Indian Children Being Sent From Other States. If the Department receives child-transfer forms that indicate that a child is Indian, the Department must not approve the transfer or placement until it receives documentation stating that the child’s tribe has been notified. In responding to the sending agency’s transfer request, the Department is governed by the Best Interests of an Indian Child as set forth in this Agreement. If the child is an Indian Child, and the proposed placement is not within the order of preference identified in the Act, the Department must not accept the child for placement in Michigan unless the placement meets the good-cause exception to the placement preferences as set forth in the Act and under this Agreement. In determining whether the good-cause exception to the placement preferences applies in a particular case, the Department must contact the sending state and request a letter from the Indian Child’s Tribe providing the tribe’s views of the placement. Where the Indian Child is a SCIT Child or SCIT Descendant Child, the Department must consider SCIT’s position before making any final decision.
Indian Children Being Sent From Other States. If the transfer forms indicate that the child is Indian, DHS will not approve the transfer/placement until documentation is furnished stating that the child=s tribe has been notified. In responding to the sending state=s request, DHS shall be governed by the best interests of the Indian child as set forth in this Agreement. If the child is an Indian child, and the proposed placement is not within the order of preference identified in ICWA, MIFPA, or this Agreement, DHS shall not accept the child for placement in Minnesota unless the placement meets the good cause exception to the placement preferences as set forth in ICWA and relevant case law and the definitions herein. In making the determination as to whether the placement meets the Agood cause exception@ to the placement preferences, DHS shall consult with the Indian child=s tribe. A copy of the sending state=s request shall also be sent by DHS to the Ombudsperson for Indian Families for the State of Minnesota, if the proposed placement is outside of the order of preference and the tribe is outside of the State of Minnesota.