Section 307.10  Purpose

a)         The purpose of the Indian Child Welfare Act is to promote the identity of Indian children and their connection or affiliation with their Indian tribes.  The Department of Children and Family Services recognizes that Indian children are central in the maintenance of Indian tribal culture, traditions and values.  Therefore, the Department shall, in conjunction with Indian communities, organizations and agencies, provide a method of early identification of Indian children and their families in order to provide services that assure all the additional protections afforded by the Indian Child Welfare Act. 

b)         The Department shall negotiate in good faith with any federally recognized Indian tribe, tribal organization or tribal consortium:

1)         that requests to develop an agreement with the Department to administer all or a part of the program under Title IV-E the Social Security Act (42 USC 670 et seq.) on behalf of Indian children who are under authority of the tribe, organization or consortium, including foster care maintenance payments on behalf of children who are placed in Department or tribally licensed foster family homes, adoption assistance payments, and tribal access to resources for administration, training and data collection under Title IV-E (see 42 USC 671(a)(32)); and

2)         that does not receive an allotment under the Chafee Foster Care Independence Program (CFCIP) or Education and Training Voucher (ETV) directly from the Secretary of the U.S. Department of Health and Human Services for a fiscal year and that requests to:

A)        develop an agreement with the Department to administer, supervise or oversee the CFCIP or ETV program with respect to Indian children who are eligible for those programs and who are under the authority of the tribe, organization or consortium; and

B)        receive from the Department an appropriate portion of the Department's allotment for the cost of administration, supervision or oversight (see 42 USC 677(b)(3)(G)).

(Source:  Amended at 33 Ill. Reg. 14302, effective October 1, 2009)