Involuntary Placement Of Indian Children

01. Involuntary. Placement of an Indian child in foster care must be based upon clear and convincing IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 403 Page 16 evidence, including information from a qualified expert witness that active efforts were made to prevent the Indian child’s placement or are preventing reunification. (7-1-25) 02. Notice. Notice to the child’s Tribe will be made as stated in Subsection 05.01 of these rules. (7-1-25) 03. Accepted. An Indian child accepted for foster care or proadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. (7-1-25) 04. Placement. In any foster care or preadoptive placement of an Indian child where the child’s Tribe has not established a different order of preference, preference must be given, in descending order, as listed below, to the placement of the child with: (7-1-25) a. Extended Family. A member of the Indian child’s extended family; (3-15-22) b. Foster Home Approved by Tribe. A foster home licensed approved, as specified by the Indian child’s tribe; (7-1-25) c. Licensed Indian Foster Home. An Indian foster home licensed or approved by an authorized non- Indian licensing authority; or (3-15-22) d. Indian Institution. An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the child’s needs. (7-1-25)