2.30.50 Termination of Parental Rights

Original Date: September 1, 1991

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Tleena Ives, Office of Tribal Relations Director

Purpose

The purpose of this policy is to provide guidance on how to comply with federal and state Indian Child Welfare Acts (ICWAs) when guardianship has been ruled out and Termination of Parental Rights (TPR) petition is being considered, discussed, identified, or requested in cases where there is reason to know children are or may be Indian children.

Scope

This policy applies to caseworkers.

Laws

Chapter 13.34 RCW Juvenile Court Act–Dependency and Termination of Parent-Child Relationship

Chapter 13.38 RCW Indian Child Welfare Act

25 U.S.C. § 1901-1923 Indian Child Welfare Act

Policy

When there is reason to know children are or may be Indian children and a TPR is being considered, at the shared planning meeting (SPM) caseworkers must:

Collaborate with known tribes before making legal decisions about the case and provide them with the information necessary to participate in the legal hearings.
Coordinate with the assistant attorney general (AAG) to comply with state and federal ICWAs at TPR hearings, including, but not limited to:
1. Providing ICWA Notice.
2. Discussing the evidence for findings related to Indian child welfare (ICW), e.g. standards for removal, active efforts, and Qualified Expert Witness (QEW) testimony.
Always treat children as Indian children, unless, and until the court has made findings about the child’s Indian tribe determining they do not meet the definition of an Indian child.
Inform the courts at any point in the court proceedings if there is new information indicating there is reason to know a child is or may be an Indian child.

Procedures

Prior to Filing TPR
When there is reason to know children are or may be Indian children and a TPR petition is being considered caseworkers must:
1. Follow policies:
  1. Active Efforts and Tribal Collaboration
  2. Transferring Cases to Tribal Court if the tribe wants to file a case in tribal court or transfer the dependency case.
2. Ask children, families, and tribes the following about each child:
  1. Are they a member or eligible for tribal membership?
  2. Whether they are domiciled on or lives on a reservation or tribal lands and intends to stay.
  3. Are they a ward of a tribal court?
3. If children:
  1. Don’t meet the criteria in Procedures Section 1.b., file the TPR as outlined in the Child Welfare TPR policy.
  2. Are verified as an Indian child:
    1. Consult with their supervisor and AAG before filing the TPR.
    2. Follow the Child Welfare TPR-Compelling Reasons policy if the determination is made to proceed with TPR.
    3. Contact tribes in which the child is a member or eligible for membership to ask if either they wish to:
      1. File a case in tribal court.
      2. Transfer the case to tribal court.
4. Review the permanency recommendations of Local Indian Welfare Advisory Committee (LICWAC) meetings, if applicable.
5. Facilitate a SPM with known tribes and collaborate with tribes to determine the:
  1. Most appropriate permanent plan for the child.
  2. Prospective adoptive placement, if known, is appropriate.
6. Consult with their supervisor and AAG before filing a TPR petition if the tribe isn’t in agreement with adoption.
When filing a TPR petition, caseworkers must:
1. Follow the:
  1. Child Welfare TPR policy, unless parents voluntarily relinquish their parental rights.
  2. Qualified Expert Witnesses for Indian Child Welfare (ICW) Cases policy to identify a QEW.
  3. Requesting Court Findings About Whether a Child Is an Indian Child in Guardianship and Termination of Parental Rights Cases policy and provide information to the court as soon as practicable when children are verified as Indian children.
2. Collaborate with the AAG to verify the case meets legal sufficiency for TPR. If the case doesn’t meet legal sufficiency, discuss with the supervisor.
3. Send the completed ICWA Notice Referral DCYF 09-103 form to the ICW Legal Unit as outlined in the ICWA Notice policy.
4. Discuss with the AAG and the court:
  1. The residence or domicile of the child and their parents or Indian custodians for jurisdiction purposes.
  2. Active efforts made to prevent the break-up of the Indian family and reasons why those efforts are considered unsuccessful.
  3. The causal relationship between the particular conditions in the home and the likelihood that continued custody of the child will result in serious emotional or physical damage to the child.
5. Follow 2.40.40 Requesting Court Findings About Whether a Child is an Indian Child in Guardianship and Termination of Parental Rights Cases policy prior to finalizing the TPR.
Caseworkers must follow the Child Welfare Documentation policy and document all ICW related communications and activities.