18 MAC Pt. 303, R. 3.1.4
Active Efforts Defined; Required – If a child is determined to be a Native American
Cite as 18 Miss. Admin. Code Pt. 303, R. 3.1.4
Active Efforts Defined; Required – If a child is determined to be a Native American
child, Active Efforts to keep the child in the home are required. Active Efforts
means: affirmative, active, thorough, and timely efforts that are intended primarily
to maintain or reunite and Indian Child with his or her family.
To the maximum extent possible, Active Efforts will be provided in a manner
consistent with the prevailing social and cultural conditions and way of life of the
Indian Child’s Tribe and will be conducted in partnership with the Indian Child,
parents, extended family members, Indian custodians, and Tribe.
Active Efforts applies to both remedial and rehabilitative in-home services to the
family prior to the removal of a Native American child from his or her parent or
Native American custodian, and/or an intensive effort to reunify a Native American
child with his or her parent or Native American custodian. Active efforts will involve
assisting the parent or parents or Indian custodian through the steps of a case plan
and with accessing or developing the resources necessary to satisfy the case plan.
Active efforts will be tailored to the facts and circumstances of the case and may
include:
1. Conducting a comprehensive assessment of the circumstances of the Indian
Child’s family, with a focus on safe reunification as the most desirable goal;
2. Identifying appropriate services and helping the parents to overcome
barriers, including actively assisting the parents in obtaining such services;
3. Identifying, notifying, and inviting representatives of the Indian Child’s
Tribe to participate in providing support and services to the Indian Child’s
family and in family team meetings, permanency planning, and resolution of
placement issues;
4. Conducting or causing to be conducted a diligent search for the Indian
Child’s extended family members, and contacting and consulting with
extended family members to provide family structure and support for the
Indian Child and the Indian Child’s parents;
5. Offering and employing all available and culturally appropriate family
preservation strategies and facilitating the use of remedial and rehabilitative
services provided by the child’s Tribe;
6. Taking steps to keep siblings together whenever possible;
7. Supporting regular visits with parents or Indian custodians in the most
natural setting possible as well as trial home visits of the Indian Child during
any period of removal, consistent with the need to ensure the health, safety,
and welfare of the child;
8. Identifying
community
resources
including
housing,
financial,
transportation, mental health, substance abuse, and peer support services and
actively assisting the Indian child’s parents or, when appropriate, the child’s
family, in utilizing and accessing those resources;
9. Monitoring progress and participation in services;
10. Considering alternative ways to address the needs of the Indian child’s
parents and, where appropriate, the family, if the optimum services do not
exist or are not available;
11. Providing post-reunification services and monitoring;
12. Any other activities or services as deemed appropriate or necessary by
MDCPS staff, policies and procedures.