DCF 54.05(5)(a)1.1. For the adoptive placement of an Indian child, 25 USC 1915 (a) requires that preference be given, in the absence of good cause to the contrary, to placement with, in order of priority, a member of the Indian child’s extended family, another member of the Indian child’s tribe or another Indian family. The Indian child’s case manager shall investigate the availability of a placement in the order of priority indicated.
DCF 54.05(5)(a)2.2. After completing the adoption of the Indian child, the child’s case manager shall request in writing that the court that ordered the adoption notify the secretary of the U.S. department of the interior of the following enrollment information:
DCF 54.05(5)(a)2.a.a. The name and tribal affiliation of the Indian child;
DCF 54.05(5)(a)2.b.b. The name and address of the adoptive parents; and
DCF 54.05(5)(a)2.c.c. The name and address of any agency having files or information on the child’s adoptive placement.
DCF 54.05(5)(a)3.3. The Indian child’s case manager shall file a copy of the written request under subd. 2. in the child’s case record.
DCF 54.05(5)(b)(b) Foster care or preadoptive placement.
DCF 54.05(5)(b)1.1. For foster care or preadoptive placement of an Indian child, 25 USC 1915 (b) requires that the child be placed in the least restrictive setting which most approximates a family and in which any special needs of the child may be met, within reasonable proximity to the child’s home. Preference is to be given, in the absence of good cause to the contrary, to placement, in order of priority:
DCF 54.05(5)(b)1.a.a. With a member of the Indian child’s extended family;
DCF 54.05(5)(b)1.b.b. In a foster home licensed, approved or specified by the Indian child’s tribe;
DCF 54.05(5)(b)1.c.c. In an Indian foster home licensed by the department, a county social services or human services department or a child-placing agency; or
DCF 54.05(5)(b)1.d.d. In an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.
DCF 54.05(5)(b)2.2. For foster care or preadoptive placement of an Indian child, except for an emergency placement under 25 USC 1922, the child’s case manager shall investigate to determine the availability of a placement under subd. 1. in the order of priority indicated. The Indian child’s case manager shall document in the child’s case record the investigative efforts and results, as well as any emergency placement and the reason for it.
DCF 54.05(5)(b)3.3. An agency seeking to place an Indian child in foster care shall notify the parents and tribe in accordance with 25 USC 1912 (a) of their right of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub. (3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child’s case record the date the information was given to the court.
DCF 54.05(5)(c)(c) Preference of tribe, child or parent. In the case of a placement under par. (a) or (b), if the Indian child’s tribe establishes a different order of preference by resolution, the agency shall follow that order so long as the placement is the least restrictive setting appropriate to the particular needs of the child as provided in par. (b). Where appropriate, the preference of the Indian child or the child’s parent shall be considered provided that where a consenting parent evidences a desire for anonymity, the agency shall give weight to that desire in applying the preference.
DCF 54.05(5)(d)(d) Informing the court. Prior to the court ordering termination of parental rights, foster care placement, adoptive placement or adoption of an Indian child, the agency shall inform the court in writing of agency investigative efforts and results to determine the availability of a placement in order of priority under par. (a) or (b) including when there is an emergency placement or when a different order of preference is expressed under par. (c).
DCF 54.05(5)(e)(e) Record of placement. When an agency places an Indian child under par. (a) or (b), the agency shall forward a record of the placement to the department. The record shall provide evidence of efforts to comply with the order of preference under par. (a) 1. or (b) 1., as appropriate. The department, pursuant to 25 USC 1915 (e), shall maintain the record and shall make it available at any time upon request of the secretary of the U.S. department of the interior or of the Indian child’s tribe.
DCF 54.05 NoteNote: Send records of placement to the Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 54.05(6)(6)Sanctions for not complying with the Indian child welfare act. A child-placing agency which fails to follow the provisions of the Indian Child Welfare Act (ICWA), 25 USC 1901 to 1963, concerning child custody proceedings involving an Indian child shall be subject to the following department sanctions:
DCF 54.05(6)(a)(a) If the child-placing agency knowingly and intentionally disregards a requirement of the ICWA, the department shall by letter of notification order the child-placing agency to stop accepting for service all Indian children referred for service to the agency. The agency shall ensure that no child accepted for service is an Indian child;
DCF 54.05(6)(b)(b) If the child-placing agency knowingly and intentionally disregards the department’s letter of notification under par. (a), the department shall revoke or not renew, as appropriate, the child-placing agency’s license;
DCF 54.05(6)(c)(c) If the child-placing agency is informed or discovers that it has unknowingly or negligently violated a requirement of the ICWA, the child-placing agency shall do the following:
DCF 54.05(6)(c)1.1. Notify the court and the department upon being informed of or discovery of the violation of the ICWA;
DCF 54.05(6)(c)2.2. Notify the parent Indian custodian, tribe and child upon being informed of or discovery of the violation of the ICWA; and
DCF 54.05(6)(c)3.3. Cooperate with all parties in promptly correcting any inappropriate placements; and
DCF 54.05(6)(d)(d) If the child-placing agency under par. (c) does not comply with par. (c) 1. to 3., the child-placing agency shall be subject to the sanctions under pars. (a) and (b).
DCF 54.05 HistoryHistory: Emerg. cr. eff. 11-1-92; cr. Register, May, 1993, No. 449, eff. 6-1-93.
DCF 54.06DCF 54.06Records, inspections, and reports.
DCF 54.06(1)(1)General requirements. Each agency shall maintain records and submit reports prescribed by the department. Authorized representatives of the department shall have access to all records pertinent to licensing and to specific adoption searches and disclosure of the adoption search information.