Indian Child Welfare

Laws

Federal

Following the congressional enactment of Public Law 95-608, Indian Child Welfare Act (ICWA) of 1978, the Minnesota Department of Human Services (department) has developed and implemented policies and practices for improving county compliance. Read more on ICWA (25 U.S.C. 1901 et seq.).

State

The Minnesota Indian Family Preservation Act (MIFPA), Minn. Stat. 260 subd. 751., was enacted in 1985. MIFPA and its amendments strengthen and expand ICWA, while emphasizing the importance of maintaining tribal involvement and communication, requiring tribal notification for voluntary proceedings, and appropriating funding for provision of services to Indian children and families.

ICWA Advisory Council

The American Indian Child Welfare Advisory Council was formed under authority of the Minnesota Indian Family Preservation Act, Minn. Stat. 260, subd. 835., and advise the Minnesota Department of Human Services on a variety of child welfare/child protection policies, practices, and procedures impacting American Indian children and their families. It also makes recommendations for improving compliance with federal and state Indian child welfare laws. ICWA Advisory Council members.

ICWA Advisory Council meetings are as follows:

April 3rd and 4th, 2014

Location: Red Lake Family and Children Services, Red Lake, MN

July 10th and 11th, 2014

Location: Grand Portage Human Services, Grand Portage, MN

October 9th and 10th, 2014

Location: Lower Sioux Social Services and ICWA Center, Morton, MN

Tribal/State Title IV-E Agreements

Title IV-E is a federal entitlement program that provides financial support to states and tribes for the purpose of improving the quality of foster care and adoption programs nationally. The department has entered into Title IV-E agreements with the Leech Lake, Mille Lacs, Red Lake and White Earth Bands of Ojibwe. These agreements replace individual county and tribal substitute care supervision agreements and apply statewide. A Title IV-E Agreement must be in effect before tribes and counties can access federal reimbursement for costs associated with managing a foster care program for children for whom legal responsibility has been transferred to the tribal social services agency. Eligible costs include administrative, training and out-of-home placement expenses. See agreements with the Leech Lake (PDF), Mille Lacs (PDF), Red Lake (PDF) and White Earth (PDF) bands.

A one-page summary (PDF) of those agreements is also available.


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