32A-4-9. Indian child placement; preferences.
209 words·~1 min read·
/nm/chapter-32a-children-s-code/article-4-child-abuse-and-neglect/32a-4-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. An Indian child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting that most closely approximates a family in which his special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:
(1)a member of the Indian child's extended family;
(2)a foster care home licensed, approved and specified by the Indian child's tribe;
(3)an Indian foster care home licensed or approved by an authorized non- Indian licensing authority; or
(4)an institution for children approved by the Indian child's tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
B. When the placement preferences set forth in Subsection A of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered.
History: 1978 Comp., § 32A-4-9, enacted by Laws 1993, ch. 77, § 103.