Indian Child Welfare Act (ICWA) Proceedings in State Court

Forms and Documents

Document Name	Status
SS ICWA Proceedings in State Court 05-12-16.doc Supporting Statement A	2016-05-13
ICWA 25 USC 1900 et seq.pdf Supplementary Document	2015-02-24

IC Document Collections

IC ID	Document Title	Status
220605	4B - Notify Tribe, parents, Indian custodian of voluntary custody proceeding	New
220603	3 - Notify Tribal court of pending dismissal and transfer records	New
220495	16 - Notify whether records maintained with court or agency	New
220494	11 - Inform adult adoptee of Tribal affiliation upon request	New
215224	16 - Maintain records in single location and respond to inquiries	Removed
215223	13 - Provide copy of final adoption decree/order	Modified
215222	12 - Notify of change in status quo	Modified
215221	10 - Notify of petition to vacate	Modified
215220	15 - Provide placement records to Tribe or Secretary upon request within 14 days	Modified
215219	14 - Maintain records of each placement (including required documents)	Modified
215218	9 - Notify placement of withdrawal of consent	Modified
215216	8 - Consent to termination or adoption (with required contents)	Modified
215215	7 - Document "active efforts"	Modified
215214	6 - Notify tribal court of transfer, provide records	Modified
215213	6 - Petition for court order authorizing emergency removal/placement	Removed
215212	5 - Maintain records detailing steps to provide notice	Removed
215211	5 - Document basis for emergency removal/placement	Modified
215210	4A - Notify Tribe, parents/custodian of child custody proceeding	Modified
215209	2 - Respond to State regarding Tribal membership	Modified
215208	1 - Obtain information on whether child is an "Indian child"	Modified

ICR Details

OMB Control No: 1076-0186	ICR Reference No: 201612-1076-002
Status: Historical Active	Previous ICR Reference No: 201603-1076-001
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Indian Child Welfare Act (ICWA) Proceedings in State Court
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/13/2016
	Date Received in OIRA: 12/13/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	36 Months From Approved
Responses	98,069	0	0
Time Burden (Hours)	301,811	0	0
Cost Burden (Dollars)	309,630	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 involuntary 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	Final or interim final rulemaking	81 FR 38778	06/14/2016

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 17

IC Title	Form No.	Form Name
6 - Petition for court order authorizing emergency removal/placement
11 - Inform adult adoptee of Tribal affiliation upon request
16 - Maintain records in single location and respond to inquiries
3 - Notify Tribal court of pending dismissal and transfer records
4B - Notify Tribe, parents, Indian custodian of voluntary custody proceeding
7 - Document "active efforts"
1 - Obtain information on whether child is an "Indian child"
2 - Respond to State regarding Tribal membership
4A - Notify Tribe, parents/custodian of child custody proceeding
5 - Document basis for emergency removal/placement
6 - Notify tribal court of transfer, provide records
8 - Consent to termination or adoption (with required contents)
9 - Notify placement of withdrawal of consent
14 - Maintain records of each placement (including required documents)
15 - Provide placement records to Tribe or Secretary upon request within 14 days
10 - Notify of petition to vacate
12 - Notify of change in status quo
13 - Provide copy of final adoption decree/order
5 - Maintain records detailing steps to provide notice
16 - Notify whether records maintained with court or agency

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	98,069	0	0	98,069	0	0
Annual Time Burden (Hours)	301,811	0	0	301,811	0	0
Annual Cost Burden (Dollars)	309,630	0	0	309,630	0	0

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 new regulations are being promulgated to require the information collections to implement the statute.

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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: 05/25/2016

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