2.40.70 Placement Preferences

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 when there is reason to know children are or may be Indian children and they:

Are or may be placed in out-of-home care.
Are experiencing or may experience a placement move.

Scope

This policy applies to child welfare and Licensing Division (LD) employees.

Laws

RCW 13.34.260 Foster home placement-Parental preferences-Foster parent contact with birth parents encouraged

RCW 13.38.180 Placement preferences

25 USC § 1915 Placement of Indian children

Policy

When there is reason to know children are or may be Indian children and they are or may be placed in an out-of-home placement or are experiencing or may experience a placement move, caseworkers must follow federal and WA State ICWA placement preferences criteria and applicable Tribal/State Memoranda of Agreement (MOA).

Procedures

Caseworkers must for children who are or may be Indian children and are being placed in out-of-home care or experiencing a placement move:
1. Follow the Child Welfare Placement Moves policy when moving children from a relative or suitable person’s home.
2. Placement Preference Criteria
  1. Follow the federal and WA State ICWA placement preferences criteria and applicable Tribal/State Memoranda of Agreement unless:
    1. It’s an emergent placement and efforts to find or place them according to the placement preferences were unsuccessful.
    2. The child's tribe identifies a different preferred placement or order of placement preference.
    3. The court finds good cause to deviate from the placement preferences.
  2. Follow WA State ICWA placement preferences:
    1. In emergent placements whenever possible and all non-emergent placement decisions, in the following descending order of priority, after seeking input from any known tribes, unless the courts find good cause to deviate:
      1. Extended family member.
      2. Foster home licensed, approved, or specified by the child's tribe.
      3. Indian foster home licensed, approved, or specified by an authorized non-Indian licensing authority.
      4. Child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.
      5. Non-Indian child foster care agency approved by the child's tribe.
      6. Non-Indian family that is committed to:
        Promoting and allowing appropriate extended family visitation.
        Establishing, maintaining, and strengthening the child's relationship with their tribes.
        Participating in the cultural and ceremonial events of the child's tribe.
    2. Placement decision involving legally-free children, in the following order of priority after seeking input from any known tribes unless the courts find good cause to deviate:
      1. Extended family members.
      2. Indian family of the same tribe as the child.
      3. Indian family that is of a similar culture to the child's tribe.
      4. Other Indian family.
      5. Other family who can provide a suitable home for an Indian child. Suitability is determined either in consultation with the:
        Indian child's tribe.
        Local Indian Child Welfare Advisory Committee (LICWAC), if applicable.
3. Seek input about placement preferences from:
  1. Parents and Indian custodians.
  2. Children or youth
  3. The child’s tribe, if known.
4. Follow child welfare policies, including:
5. Place children in placements that are not on the WA State ICWA placement preferences only after the court has found good cause.
  1. Request a finding of good cause from the courts to deviate from the WA State ICWA placement preferences or the tribe’s preferred placement by:
    1. Consulting with the assistant attorney general (AAG) to determine whether a good cause finding will be required
    2. Discussing the case with the supervisor and AAG to decide whether to pursue a finding of good cause. This decision cannot be based on the:
      1. Socioeconomic status of any placement compared to another placement.
      2. Ordinary bonding or attachment that was established from time spent in a non-preferred placement that was made in violation of ICWA.
  2. Be prepared to testify to the placement preferences and, if applicable, the basis for deviating from the WA State ICWA placement preferences and tribal placement preferences.
6. Provide adoption attorneys, in adoption cases, with all relevant documentation related to WA State ICWA placement preferences and the need for a good cause finding.
7. When an Indian child is not placed in a preferred placement or the tribes disagree with the placement complete the following:
  1. Continue efforts to locate a placement that aligns with the placement preferences.
  2. Follow the Child Welfare Placing with and Supporting Relatives and Suitable Persons policy to:
    1. Initiate the extended relative search process.
    2. Seek suitable short and long-term placements by:
      1. Coordinating with the parents, Indian custodian, tribes, and any known extended family to identify potential placements in compliance with the WA State ICWA placement preferences.
      2. Referring the case to Local Indian Child Welfare Advisory Committee (LICWAC) as outlined in the LICWAC policy if the tribe has not responded.
  3. Coordinate with the LD worker if there is a licensing issue, e.g., capacity, and determine if it is possible to place a child in a placement that aligns with RCW 13.38.180. If there are no child safety concerns, follow the Licensing State Foster homes policy to request either a:
    1. Relative Non-Safety Exemption
    2. LD Administrative Approval
    3. Waiver
  4. Inform:
    1. Caregivers:
      1. The placement is temporary and the child will be moved if a placement that meets placement preference requirements is identified.
      2. They cannot assume to become a permanent placement for the child.
    2. The parents, courts, and caregivers of the continued efforts to comply with the placement preferences via the Shared Planning Meetings and Court Reports policy.
8. Follow the Child Welfare Placement Moves policy if a move is identified.
  1. Consult with the AAG if a Family Team Decision Making Meeting determined a placement move is needed. If so, request approval from the court to move the child as soon as practicable.
  2. Verify required activities in the Placing with and Supporting Relatives and Suitable Persons policy are completed.
  3. Document the following in FamLink case notes:
    1. Efforts made to:
      1. Place a child who is or may be an Indian child, per WA State ICWA placement preferences and tribal placement preferences.
      2. Contact with the tribe to:
        Determine the tribe’s preferred placement.
        Discuss good cause to deviate from the WA State ICWA placement preferences
    2. The basis for not placing a child in a placement with WA State ICWA placement preferences, if applicable when there is reason to know they are or may be an Indian child.
LD workers must, when receiving a home study application for children who are or may be Indian children and are being placed in out-of-home care, follow these Child Welfare policies:
1. Completing the Home Study
2. Licensing State Foster Homes