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A RESOLUTION CHANGING THE PLACEMENT PREFERENCES OF INDIAN CHILDREN
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of the self-government in behalf of Cherokee people; and
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic continual government to government relationship with the United States of America; and
WHEREAS, the federal Indian Child Welfare Act of 1978 recognizes "that there is no resource that is more vital to the continued existence and integrity of Indian Tribes than their children." and
WHEREAS, every Cherokee child has a right to be raised in a home that embraces their unique cultural heritage; and
WHEREAS, the federal Indian Child Welfare Act of 1978 specifically authorizes Tribes to intervene in child custody proceedings in state court and gives power to the tribe to utilize the Act's provisions to protect its children; and
WHEREAS, the federal Indian Child Welfare Act of 1978, Title 25, Chapter 21, ยง1915 (c); authorizes in the case of a placement under subsection (a) or (b) of this section, if the Indian child's tribe shall establish a different order of preference by resolution, the agency or court effecting the placement shall follow such order so long as the placement is the least restrictive setting appropriate to the particular needs of the child, as provided in subsection (b) of this section.
BE IT RESOLVED BY THE CHEROKEE NATION, that pursuant to the federal Indian Child Welfare Act, United States Code Title 25, Indians Chapter 21, 1915 Placement of Indian Children; the Cherokee Nation changes the placement preferences for Cherokee Children under 1915 (a) adoptive placements preferences. In any adoptive placement of a Cherokee child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a biological parent or parents (2) a member of the child's extended family; (3) other members of the Cherokee Nation; or (4) other Indian families.
BE IT FURTHER RESOLVED BY THE CHEROKEE NATION, that pursuant to the federal Indian Child Welfare Act, United States Code Title 25, Indians Chapter 21, 1915 Placement of Indian Children; the Cherokee Nation changes the placement preferences for Cherokee Children as provided under Section 1915 (b) Foster care or preadoptive placements; criteria; Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting which most approximates a family and in which his special needs, if any, may be met. The child shall also be placed within reasonable proximity to his or her home, taking into account any special needs of the child. In any foster care or preadoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a biological parent or parents; (2) a member of the Cherokee child's extended family; (3) a foster home licensed, approved, or specified by the Cherokee child's tribe; (4) an Indian foster home licensed, approved by an authorized non-Indian licensing authority and approved by the tribe; or (5) an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Cherokee child's needs.