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232b-11
232B.11 AGREEMENTS WITH TRIBES FOR CARE AND CUSTODY
OF INDIAN CHILDREN.
1. The director of human services or the director's designee
shall make a good faith effort to enter into agreements with Indian
tribes regarding jurisdiction over child custody proceedings and the
care and custody of Indian children whose tribes have land within
Iowa, including but not limited to the Sac and Fox tribe, the Omaha
tribe, the Ponca tribe, and the Winnebago tribe, and whose tribes
have an Indian child who resides in the state of Iowa. An agreement
shall seek to promote the continued existence and integrity of the
Indian tribe as a political entity and the vital interest of Indian
children in securing and maintaining a political, cultural, and
social relationship with their tribes. An agreement shall assure
that tribal services and Indian organizations or agencies are used to
the greatest extent practicable in planning and implementing any
action pursuant to the agreement concerning the care and custody of
Indian children. If tribal services are not available, an agreement
shall assure that community services and resources developed
specifically for Indian families will be used.
2. If an agreement entered into between the tribe and the
department of human services pertaining to the funding of foster care
placements for Indian children conflicts with any federal or state
law, the state in a timely, good faith manner shall agree to amend
the agreement in a way that prevents any interruption of services to
eligible Indian children.
3. An agreement entered into under this section may be revoked by
either party by giving one hundred eighty days' advance written
notice to the other party. The revocation shall not affect any
action or proceeding over which a court has already assumed
jurisdiction, unless the agreement provides otherwise. Section History: Recent Form
2003 Acts, ch 153, §12
Referred to in § 232B.9
