01 OCFS INF-511/16/01


George E. Pataki
Governor / New York State
Office of children & family services
52 washington street
rensselaer, NY 12144 / John A. Johnson
Commissioner

Informational Letter

Transmittal: / 01 OCFS INF-5
To: / Commissioners of Social Services
Executive Directors of Voluntary Authorized Agencies
Issuing Division/Office: / Strategic Planning and Policy Development
Date: / November 16, 2001
Subject: / Compliance With the Federal Indian Child Welfare Act (ICWA) in New York State
Suggested Distribution: / Directors of Services
Foster Care Supervisors
Adoption Supervisors
Staff Development Coordinators
Contact Person(s): / Any questions concerning this release should be directed to the appropriate Regional Office, Division of Development and Prevention Services
BRO- Linda Brown (716) 847-3145 USER ID: 89D421
RRO- Linda Kurtz (716) 238-8201 USER ID: 0FH010
SRO- Jack Klump (315) 423-1200 USER ID: 89W005
ARO- Bill McLaughlin (518) 486-7078 USER ID: 0FN010
NYCRO- Gail Hallerdin (212) 383-1788 USER ID: AA0120
YRO- Pat Sheehy (914) 377-2080 USER ID: AM4110
Attachments: / A Guide to Compliance With the Federal Indian Child Welfare Act In New York State [Pub. # 4757 (6/01)]
Attachment Available On – Line: / Not available on-line

Filing References

Previous ADMs/INFs / Releases Cancelled / Dept. Regs. / Soc. Serv. Law & Other Legal Ref. / Manual Ref. / Misc. Ref.
18 NYCRR 421.18
18 NYCRR 428.9
18 NYCRR 430.11
18 NYCRR 430.12
18 NYCRR 431.18 / Federal Indian Child Welfare Act: 25 USCA 1901, et seq.
42 USCA Section 1996 b (3)
Sections 358-a and 384-b of SSL
Articles 3, 7 and 10 of the Family Court Act
SSL, section 39
  1. Purpose

The purpose of this release is to share a pamphlet recently developed by the Office of Children and Family Services, A Guide to Compliance With the Federal Indian Child Welfare Act In New York State.

This guide includes the major provisions of the Federal Indian Child Welfare Act (ICWA) of 1978 and New York State statute and regulations that reflect these Federal standards.

  1. Background

Major provisions of the ICWA, State statutory and regulatory requirements, and tribal notification procedures are outlined in this guide. Social services districts are strongly encouraged to provide caseworkers with a copy of this new guide. Supervisors should review this information with all staff who work with the placement of children to strengthen compliance with ICWA. A teleconference to review this subject is scheduled on December 19, 2001.

For technical assistance or additional copies, please contact Kim Thomas, Native American Specialist, at 125 Main Street, Room 475, Buffalo, NY, 14203 or at (716) 847-3123.

While all these provisions are important, there are two that often are raised as concerns in the field.

  • The provisions of the Federal Multiethnic Placement Act do not affect application of ICWA.
  • Tribal notification procedures are of particular importance, as this notification must be done prior to any involuntary proceeding.

Issued By

Name: William F. Baccaglini

Title: Director

Division/Office: Strategic Planning and Policy Development

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