All JHV staff shall follow all rules and laws regarding services to Native American Indians.
Special Requirement Regarding Native American Indians.
(1) Implementation of the licensing statute will recognize the unique tribal, cultural and religious sovereignty of Indian nations, tribes and communities. The licensing of a child care agency on sovereign Indian soil shall in no way abridge the sovereignty of an Indian nation nor shall compliance with these rules and regulations be deemed to be relinquished of sovereign authority.
(2) For the purpose of these rules, the term “Indian” includes the following groups:
- (a) An enrolled Indian:
- (i) Any person who is enrolled or eligible for enrollment in a recognized tribe
- (ii) Any person determined, or eligible to be found, to be an Indian by the secretary of the interior.
- (iii) An Eskimo, Aleut or other Alaskan native.
- (b) A Canadian Indian: Any person who is a member of a treaty tribe, Metis community or non-status Indian community from Canada
- (c) An unenrolled Indian: A person considered to be an Indian by a federally or non-federally recognized Indian tribe or urban Indian/Alaskan native community organization.
(3) Prior to planning, development and delivery of social services to Indian children and families, agencies shall:
- (a)Obtain a written statement from the parent or Indian custodian regarding the utilization of the DCYF placement
- (b) Obtain a written statement from the parent or Indian custodian regarding the utilization of the DCYF LIC WAC
(4) When an agency has an Indian child in its caseload, the agency shall develop social services resources and staff training programs designed to meet the special needs of such children through coordination with tribal, Indian health Service Bureau of Indian Affairs Social Service Staff and appropriate Urban Indian and Alaskan native consultants.
(5) In addition to reports required by WAC 388-73-056, an agency shall report to a child’s tribal council the serious injury or death or abandonment of an enrolled Indian child or an Indian child eligible for enrollment.
(WAC 388-73-044)