3-4-8. PROCEDURES AND STANDARDS IN MINOR IN NEED OF CARE CASE PLACEMENT PREFERENCES, ACTIVE EFFORTS; STANDARD OF PROOF; EXPERT TESTIMONY - AMENDMENT

In all Minor in Need cases that originate in the Tribal Court and all such cases that are transferred to the Tribal Court under ICWA, the following procedural safeguards and standards shall be followed, and the court shall make appropriate findings of fact, conclusion of law and orders in accordance with the provisions of this section.

1. PLACEMENT OF TRIBAL CHILDREN.
   1. Adoptive placement; preferences: In any adoptive placement of an Indian child under Tribal law, a preference shall be given, in the absence of good cause to the contrary, to a placement with;
      1. A member of the child’s extended family;
      2. Other members of the Indian child’s tribe; or
      3. Other Indian families.
   2. Any child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting which most approximate 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 pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with;
      1. a member of the Indian child’s extended family;
      2. a foster home licensed, approved, or specified by the Indian child’s Tribe;
      3. an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
      4. an institution for children approved by an Indian Tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.
   3. Where appropriate, the preference of the Indian child or parent shall be considered and the Court or agency shall give weight to such desire in applying the preferences.
   4. A record of each such placement of a Tribal child be maintained by the agency having responsibility of placing the child, evidencing the efforts to comply with the order of preference.
2. REMEDIAL SERVICES AND REHABILITATIVE PROGRAMS; PREVENTIVE MEASURES. Any party seeking to effect a foster care placement of, or termination of parental rights to, a tribal child in the Tribal Court shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
3. FOSTER CARE PLACEMENT ORDER; EVIDENCE; DETERMINATION OF DAMAGE TO CHILD. No foster care placement may be ordered in a Minor in Need of Care proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodial is likely to result in serious emotional or physical damage to the child.
4. PARENTAL RIGHTS TERMINATION ORDERS; EVIDENCE; DETERMINATION OF DAMAGE TO CHILD. No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses that the continued custody of the child by the parent or Indian guardian is likely to result in serious emotional or physical damage to the child.