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Mississippi Administrative Code
Title 18
243
Part 303
Chapter 3
18 Miss. Code R. 303-3
Indian Child Welfare Act (Icwa)
MISSISSIPPI DEPARTMENT OF CHILD PROTECTION SERVICES
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3.1.1
ICWA Overview – The Federal Indian Child Welfare Act (ICWA) was passed in
3.1.2
Jurisdiction Over an Indian Child
3.1.3
Reports on Native American children – MDCPS has and will continue to receive
3.1.4
Active Efforts Defined; Required – If a child is determined to be a Native American
3.1.5
Applicability of other federal statutes – MEPA, Title V, and ICWA
3.2.1
Reports of Child Living on Tribal Land – If a child is identified at Intake as a member
3.2.2
Notifications to the Tribal Council – MDCPS will immediately notify the tribe of
3.2.3
Notification when tribal membership cannot be ascertained – If there is reason to
3.2.4
Timing of child-custody proceeding after notice – A child-custody proceeding will
3.2.5
Voluntary placement or in-home services – If the case is a voluntary placement or
3.2.6
Adoption – If the case is an adoption, a copy of the final adoption decree will be sent
3.3.1
Emergency Removal – Any emergency removal or placement of an Indian Child
3.3.2
Actions by State Court – The State court must:
3.3.3
Termination of emergency proceeding – An emergency proceeding can be
3.3.4
Petition for emergency removal – A petition for a court order authorizing the
3.3.5
Continuance of emergency proceeding – An emergency proceeding regarding an