Indian Child Welfare Act (ICWA) Proceedings in State Court

Forms and Documents

Document Name	Status
SS ICWA Proceedings in State Court 03-09-14.doc Supporting Statement A	2015-03-09
ICWA 25 USC 1900 et seq.pdf Supplementary Document	2015-02-24

IC Document Collections

IC ID	Document Title	Status
215224	16 - Maintain records in single location and respond to inquiries	New
215223	15 - Notify of final adoption decree/order	New
215222	14 - Notify of change in status quo	New
215221	13 - Notify of petition to vacate	New
215220	12 - Maintain records of placements	New
215219	11 - Document each placement (including required documents)	New
215218	10 - Notify placement of withdrawal of consent	New
215216	9 - Consent to termination or adoption (with required contents)	New
215215	8 - Document "active efforts"	New
215214	7 - Notify tribal court of transfer, provide records	New
215213	6 - Petition for court order authorizing emergency removal/placement	New
215212	5 - Maintain records detailing steps to provide notice	New
215211	4 - Document basis for emergency removal/placement	New
215210	3 - Notify tribe, parents/custodian of child custody proceeding	New
215209	2 - Notify of tribal membership where more than 1 tribe	New
215208	1 - Obtain information on whether child is an "Indian child"	New

ICR Details

OMB Control No: 1076-0186	ICR Reference No: 201502-1076-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Indian Child Welfare Act (ICWA) Proceedings in State Court
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/13/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/20/2015
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR packages addresses the reporting, third-party disclosure, and recordkeeping requirements of the Indian Child Welfare Act (ICWA), which requires State courts and agencies to provide notice to tribes and parents/custodians of any child custody proceeding that may involve an "Indian child," and requires State courts and agencies to document certain actions and maintain certain records regarding the removal and placement of an "Indian child."

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Authorizing Statute(s): US Code: 25 USC 1901 et seq. Name of Law: Indian Child Welfare Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1076-AF25	Proposed rulemaking	80 FR 14880	03/20/2015

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 16

IC Title	Form No.	Form Name
1 - Obtain information on whether child is an "Indian child"
10 - Notify placement of withdrawal of consent
11 - Document each placement (including required documents)
12 - Maintain records of placements
13 - Notify of petition to vacate
14 - Notify of change in status quo
15 - Notify of final adoption decree/order
16 - Maintain records in single location and respond to inquiries
2 - Notify of tribal membership where more than 1 tribe
3 - Notify tribe, parents/custodian of child custody proceeding
4 - Document basis for emergency removal/placement
5 - Maintain records detailing steps to provide notice
6 - Petition for court order authorizing emergency removal/placement
7 - Notify tribal court of transfer, provide records
8 - Document "active efforts"
9 - Consent to termination or adoption (with required contents)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: These information collections are identified as a program change because, while the Federal ICWA law always required these information collections, the Department has not sought to regulate them until now, and as such, as not sought clearance for them until now.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/20/2015

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