2.40.10 Tribal Inquiry

Original Date: September 12, 2016

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 the tribal inquiry process when there is reason to know children are or may be Indian children. The Department of Children, Youth, and Families (DCYF) uses this process to verify whether children are recognized as Indian children and they and their families are involved in:

Scope

This policy applies to Department of Children, Youth, and Family Services (DCYF) employees.

Laws

Chapter 13.38 RCW Indian Child Welfare Act

25 USC § 1901-1923 Indian Child Welfare

Policy

When there is reason to know children are or may be Indian children, caseworkers must make efforts to verify children’s Indian status using the inquiry process during participation in the following types of Child Welfare programs:

Child Protective Services (CPS) Investigation
Child Protective Services (CPS) and Family Assessment Response (FAR)
Family Reconciliation Services (FRS)
Family Voluntary Services (FVS)

Procedures

When there is reason to know children are or may be Indian children:
1. Caseworkers must:
  1. Complete the following to verify whether children are recognized as Indian children with the tribes. When there is:
    1. Immediate court involvement, follow the Indian Child Welfare Act (ICWA) Notice policy. Following this policy is not necessary.
    2. No court involvement email the following to the Native American Inquiry Request (NAIR) Unit within 10 calendar days of learning that there is reason to know that children are or may be Indian:
      1. A copy of the Indian Identity Request DCYF 09-761.
      2. A Family Ancestry Chart DCYF 04-220 form completed in FamLink.
      3. Verification documents of the Indian children’s tribal status and the tribes’ level of involvement in the case, when applicable.
  2. Document a “Referral to Native American Inquiry Unit” as an activity in FamLink under the category “Administrative” after sending the inquiry email referral.
  3. Email the NAIR Unit with any new information learned about the family within four calendar days of receiving the information for cases in process with NAIR. Information may include tribal affiliations, established paternity, changes in family constellation, etc.
  4. A new inquiry email referral is needed within 10 calendar days if cases are reopened, and the tribes previously responded that the children are not members or eligible for membership.
2. The NAIR supervisor, when receiving the inquiry email referral, must:
  1. Document in FamLink when cases are closed prior to inquiry referrals being processed.
  2. Review them for completeness. If:
    1. Complete:
      1. Notify caseworkers via email confirmation their inquiry referral has been accepted and document in the inquiry log.
      2. Assigns the inquiry referral to a NAIR specialist.
    2. Not complete, request more information from the referring caseworkers.
3. NAIR specialists must:
  1. Within five calendar days of assignment:
    1. Review the Family Ancestry Chart DCY 04-220 form entered in FamLink for each child, conduct familial searches, and add any learned familial or tribal information to the Family Ancestry Chart (FAC) in FamLink.
    2. Email the names of additional federally recognized tribes identified from the search to referring caseworkers and document in FamLink, when applicable.
    3. Send the Inquiry to Indian Tribe DCYF 09-539 and Family Ancestry Chart DCYF 04-220 forms to the ICWA designated agent identified in the most recent Federal Register.
    4. Send the Inquiry to Indian Tribe DCYF 09-539 and Family Ancestry Chart DCYF 04-220 forms to the Portland Bureau of Indian Affairs (BIA) regional office when the identity of the child’s tribe is unknown.
    5. Document each inquiry response under the ICW tab in FamLink.
    6. Upload all tribal inquiry correspondence into FamLink as “ICW Specific”
  2. Update FACs in FamLink when additional information is received from the assigned caseworker.
  3. Email the caseworkers when a tribe has responded to the tribal inquiry that the child is a member or eligible for membership in the tribe and document in a FamLink case note using the appropriate case note category by selecting “NAIR” for the type and “Contact-Caseworker” as the activity.
Office of Tribal Relations must notify the NAIR Unit, when tribes report changes in tribal membership criteria.
Supervisors during monthly clinical supervisor meetings must until the task is completed:
1. Verify caseworkers completed the following for each child:
  1. Indian Identity Request DCYF 09-761 form uploaded into FamLink.
  2. Family Ancestry Chart DCYF 04-220 in FamLink.
  3. A FamLink case note documenting an Inquiry Referral DCYF 09-135 was submitted to NAIR if there was reason to know the child was an Indian child before a petition was filed in the case.
2. Document discussions and verifications in monthly clinical supervision notes.