Illinois Department of Children and Family Services
FFY 2012 Annual Progress and Services Report
services to prevent out of placement. Active efforts designed to prevent the breakup of the
Indian family. (§1912(d)) are provided through the provision of Intact family services to Native
American families, as well as within case service provision when Native American children have
been placed into substitute care. In 2007, the Department updated and amended its policies and
procedures (Rule 307) to ensure compliance with the Indian Child Welfare Act including
placement requirements when making a foster care or adoptive placement of an Indian child.
Ongoing weekly participation of the ICWA advocates in activities within the Native American
community has led to opportunities for collaborative work with Native American community
members including joint planning for youth and families through community planning meetings,
outreach and other forums. In addition, the Native American community has continued to refer
Native American families to ICWA program staff in situations in which a family is in need of
child welfare support and/or is seeking assistance. This communication between the program and
community has facilitated coordination of prompt, culturally sensitive services and response to
families at risk of disruption with the goal of preventing out of home placement of a child.
The following are included within the Department’s Rule 307 specific to child welfare service
delivery to Native American children:
Identification of Indian Children
In order for the Department to inform any Indian child, any parent of an Indian child, or any
Indian custodian of his or her rights under the Indian Child Welfare Act, the Department shall
determine if a child is an Indian child at intake and throughout the life of the case.
Notification of Proceedings
The Department shall notify the child's parents or Indian custodian and the child's tribe
by registered mail, return receipt requested, within 10 days after determining that an
Indian child is the subject of a proceeding under Article II of the Juvenile Court Act of
1987 [705 ILCS 405] or for termination of parental rights.
If the identity or location of the parents or Indian custodian and the tribe cannot be
determined, the Department shall notify the Secretary by registered mail, with return
receipt requested. The Secretary shall have 15 days after receipt to provide the requisite
notice to the parents or Indian custodian and the tribe.
No proceeding for adjudication of wardship under Article II of the Juvenile Court Act of 1987 or
termination of parental rights shall be held until at least 10 days after receipt of notice by the
parent or Indian custodian and the tribe, or by the Secretary. The parent or Indian custodian or
tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. (See
25 USC 1912(a).)
Transfer of Jurisdiction
When removal of an Indian child from the custody of his or her parent or Indian
custodian is contemplated, or when parental rights to an Indian child may be terminated,
the child's tribe has the option to request transfer of jurisdiction to the tribal court.
In the event that a single tribe's jurisdiction cannot be established because of multiple
tribal claims of right, the Department shall not participate in the intertribal jurisdictional
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