For the purposes of this section through WAC 110-110-0100, the term "Indian child" is defined as any unmarried and unemancipated Indian person who is under age 18 and is, as determined by the Indian child's tribe or tribes, one of the following:

(1) A member of an Indian tribe; or

(2) Is eligible for membership in an Indian tribe.

The licensing of Indian foster homes and placement and supervision of Indian children within the boundaries of an Indian reservation must not in any way abridge the sovereignty of an Indian nation or tribe. Compliance with these rules and regulations does not relinquish the sovereign authority of an Indian nation or tribe or the state of Washington.

Documented efforts must be made to avoid separating the Indian child from the child's parents, relatives, tribe, or cultural heritage. Consequently:

(1) When a family identifies Indian ancestry under the federal and state Indian child welfare acts, the DCYF caseworker has fifteen calendar days, or ten business days, from the date of identification to complete a family ancestry chart and begin the membership inquiry process. A copy of the family ancestry chart will be retained in the child's most current case file volume.

(2) The department staff will contact all identified federally recognized tribes in the case of Indian children being placed in foster care by the department or for whom the department has supervisory responsibility.

(3) If requested by a federally recognized tribe, or if a federally recognized tribe is unavailable the local Indian child welfare advisory committees (LICWAC) as defined under WAC 110-110-0060 will serve as resource persons for the purposes of cooperative planning and aid in placement.

(4) The resources of the tribal government, the Indian community, and the department must be used to locate the child's parents and relatives to assist in locating possible placement resources, and to assist in the development of a plan to overcome the problem that brought the child to the attention of the authorities, or the department, or both the authorities and the department.

(5) In planning foster care placements for Indian children, the department will follow the federal and state Indian child welfare acts with regard to placement preference. The case record must document the reasons and circumstances of casework decisions and consideration in those regards.

(6) The department, in partnership with federally recognized tribes and its contracted agencies, will develop training for staff and caregivers designed to meet the needs of Indian children and their families. The department may also partner with urban Indian organizations, LICWAC, national, state and local Indian child welfare organizations, and Native American/Alaskan Native consultants.

(7) The department must make diligent and ongoing efforts to recruit facilities and/or homes particularly capable of meeting the needs of Indian children.

When an Indian child in the care and custody of the department dies, is seriously injured, abandoned or incarcerated, in addition to other appropriate notifications, the department must notify the federally recognized tribe or tribes within twenty-four hours.

(1) In planning adoptive or preadoptive placements for Indian children under WAC 110-110-0010, the department will follow the federal and state Indian child welfare acts with regard to placement preference.

(2) An adoptive family must be considered Indian if one or both parents is:

(a) A member of a federally recognized tribe; or

(b) An Alaska Native and a member of a Regional Corporation as defined in Title 43 U.S.C. Sec. 1606.

(3) In adoptive planning for Indian children, the unique cultural, religious, and sovereignty of federally recognized tribes and communities must be recognized. The adoption of Indian children by Indian families is the primary goal.

(4) As a part of the total evaluation for approving a foster parent adoption of an Indian child, department staff will document the foster family's past performance and future commitment in exposing the child to their Indian heritage.

(5) When an Indian child, in the custody of an out-of-state agency, is referred for potential adoptive parents residing in Washington, the department will follow the interstate compact and placement of Indian children policy of Washington state.

(6) When an Indian child, in the care and custody of the department, is referred for adoption out of Washington, the department will follow the interstate compact and placement of Indian children policy of Washington state.

(7) In the event of an international adoption, the department will follow policy and ensure that placement preferences are followed per the federal and state Indian child welfare acts.

(8) The department staff may consult with LICWAC in planning for adoptive placement of Indian children when a federally recognized tribe has chosen not to be involved.

The intent of WAC 110-110-0010 and 110-110-0020 are to ensure protection of the Indian identity of Indian children, their rights as Indian children, and the maximum utilization of available Indian resources for Indian children. To ensure the realization of this intent, information about each current and future case involving Indian children for whom DCYF has a responsibility must be referred to LICWAC on an ongoing basis when a federally recognized tribe has not responded, is unavailable, or requests LICWAC involvement according to procedures which recognize the privacy rights of the families.

The purposes of LICWACs are:

(1) To promote social service planning for Indian children;

(2) To encourage the preservation of the Indian family, tribe, heritage, and identity of each Indian child served by the DCYF;

(3) To assist in obtaining participation by representatives of tribal governments and Indian organizations in departmental planning for Indian children for whom the department has a responsibility.

Local Indian child welfare advisory committees must be established within each region. The number and locations of the local committees must be mutually determined by the Indian tribal governments and urban Indian organizations served by that region and the DCYF regional administrator.

(1) The committee must consist of representatives designated by tribal government and urban Indian organizations. The regional administrator must appoint committee members from among those individuals designated by Indian authorities. These members should be familiar with and knowledgeable about the needs of children in general as well as the particular needs of Indian children residing in the service area.

(2) The committee may also include bureau of Indian affairs staff, Indian health service staff, and other community members.

(3) The DCYF regional administrator must appoint a child welfare staff member as a liaison member of the committee.

(4) The LICWAC is an ad hoc advisory committee not specifically authorized by statute. As such its members are not entitled to per diem and travel expenses for the performance of advisory committee functions.

The functions of LICWAC are to:

(1) Assist DCYF staff in cooperative planning for Indian children;

(2) Consult DCYF staff on behalf of Indian children, regarding the provision of the child's safety, well-being, and permanency on behalf of Indian children;

(3) Assist DCYF staff in providing culturally relevant services to Indian children; and

(4) Make requests to the DCYF regional administrator to initiate reviews of casework decisions that the committee believes to be detrimental to the best interests of Indian children.

Each committee and the LICWAC staff liaison will mutually agree as to time, place and frequency and conduct of official committee meetings.

The members of LICWAC must agree to abide by RCW 74.04.060 and the rules of confidentiality binding DCYF staff.