Illinois Department of Children and Family Services
FFY 2011 Annual Progress and Services Report
159
are currently receiving Intact Family services through the Department to prevent out of home
placement.
The Department takes very seriously its responsibility to Native American children—both
those currently in substitute care and those whose families are receiving remedial and
rehabilitative services to prevent out of home 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 (Procedure 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. There have been several case situations in which Native American community
leaders have become aware of families that had come to the attention of child welfare
authorities and/or were seeking child welfare supports. Once the appropriate consents have
been secured, this information was shared with the ICWA Advocates by community leaders
and afforded opportunities for a prompt, culturally sensitive response to families at risk for
disruption and the provision of rehabilitative services to prevent out of home placement.
The following are included within the Department’s Procedure 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
a) 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.
b) 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).)
