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Indian Child Welfare

Services and supports

The Indian Child Welfare Act ensures that Indian families receive culturally appropriate services. Community agencies provide these services. They are for tribal people by tribal people.

To serve Indian children and their families and incorporate this philosophy, the Minnesota Department of Human Services:

• Supports the preservation of the cultural heritage of Indian children

• Recognizes that tribes offer the state powerful resources to meet its commitment to Indian children and families

• Involves tribes in decisions affecting Indian child welfare services

• Makes grants available to assist tribes, tribal social services located off reservations, and Indian organizations in providing services to preserve and reunify Indian families

• Provides training and technical assistance to tribes, local social services, and private child placement agencies to ensure they comply with the Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA) and the Minnesota Tribal/State Agreement on Indian Child Welfare.

• Works in tandem with tribes and the Minnesota Indian Child Welfare Advisory Council on the development and implementation of Indian child welfare policies.

• Uses a complaint resolution process and other exiting mechanisms to address issues of non-compliance with ICWA and MIFPA.

• Address and monitors disparities for American Indian children.

Title IV-E agreements reached by state and tribes

Since December 2007, DHS 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-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. The signed agreements with the Leech Lake (PDF), Mille Lacs (PDF), Red Lake (PDF) and White Earth (PDF) Bands are now available. A one-page summary (PDF)of those agreements is also available.

Tribal leaders, commissioner sign child welfare agreement

Representatives of Minnesota’s 11 tribes and the commissioner of the Department of Human Services signed, in February 2007, an amendment to the 1998 Tribal/State Indian Child Welfare Agreement (PDF). It focuses on better coordinating services and maximizing tribal participating in providing services, resources and decision-making about American Indian children in the child welfare system. It is designed to protect the long-term, best interests of children while maintaining children’s tribal relationships. It reflects the spirit and intent of the Indian Child Welfare Act and Minnesota Family Preservation Act.

Additional background

American Indian Disparities Initiative Summary of Recommendations (PDF)
Report a complaint of non-compliance (PDF) with ICWA or MIFPA to the Compliance Review Team. (Note: This link is in PDF format, which requires the Acrobat Reader software to read. To download the Acrobat Reader visit: http://www.adobe.com/products/acrobat/readstep.html.
Report of Non-Compliance (Word)

Indian Child Welfare Manual
Time Study
Voluntary Out-of-Home Placement Agreement - Indian Child (PDF)

Information for grantees

The Indian Child Welfare Act (ICWA) is a federal law that regulates placement proceedings involving Indian children. The act says that whenever an American Indian child is removed from his or her family, active efforts must be made for the child to be placed with extended family, a tribal member, or in an Indian foster home. Agencies involved in those efforts are required to submit quarterly reports to DHS: an ICWA Grantee Quarterly Report (PDF), a Program Narrative (PDF), and a Child Progress Worksheet (PDF), and a Financial Report, detailing authorized expenses for the quarter. These forms can be downloaded, printed, and return to DHS.

For further instructions on how to complete these forms, agencies may find it helpful to review the ICWA Grantee Quarterly Report Instructions and Sample (PDF), or the Child Progress Worksheet Instructions and Sample (PDF). For further information about these forms, please contact the Indian Child Welfare staff at dhs.child.safety-permanency@state.mn.us .

For more information

Contact any of Minnesota's eleven tribal governments, your county social service agency or the following individuals at the Minnesota Department of Human Services:

Indian Child Welfare E-mail Address: dhs.child.safety-permanency@state.mn.us

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