Indian Child Welfare Act (ICWA) Proceedings in State Court

Forms and Documents

Document Name	Status
12-27-19_ICWA 30-day.pdf Supplementary Document	2019-12-27
SS ICWA Proceedings in State Court 2019.doc Supporting Statement A	2019-12-17
ICWA State Court 1076-0186 60 day.pdf Supplementary Document	2019-12-17
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	Modified
220603	3 - Notify Tribal court of pending dismissal and transfer records	Unchanged
220495	16 - Notify whether records maintained with court or agency	Unchanged
220494	11 - Inform adult adoptee of Tribal affiliation upon request	Unchanged
215223	13 - Provide copy of final adoption decree/order	Unchanged
215222	12 - Notify of change in status quo	Unchanged
215221	10 - Notify of petition to vacate	Unchanged
215220	15 - Provide placement records to Tribe or Secretary upon request within 14 days	Unchanged
215219	14 - Maintain records of each placement (including required documents)	Unchanged
215218	9 - Notify placement of withdrawal of consent	Unchanged
215216	8 - Consent to termination or adoption (with required contents)	Unchanged
215215	7 - Document "active efforts"	Unchanged
215214	6 - Notify tribal court of transfer, provide records	Unchanged
215211	5 - Document basis for emergency removal/placement	Unchanged
215210	4A - Notify Tribe, parents/custodian of child custody proceeding	Modified
215209	2 - Respond to State regarding Tribal membership	Unchanged
215208	1 - Obtain information on whether child is an "Indian child"	Unchanged

ICR Details

OMB Control No: 1076-0186	ICR Reference No: 201912-1076-001
Status: Active	Previous ICR Reference No: 201612-1076-002
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: Indian Child Welfare Act (ICWA) Proceedings in State Court
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/24/2020
	Date Received in OIRA: 12/27/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2023	36 Months From Approved	03/31/2020
Responses	98,069	0	98,069
Time Burden (Hours)	301,811	0	301,811
Cost Burden (Dollars)	309,955	0	309,630

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 52530	10/02/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 71449	12/27/2019
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
11 - Inform adult adoptee of Tribal affiliation upon request
2 - Respond to State regarding Tribal membership
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"
13 - Provide copy of final adoption decree/order
16 - Notify whether records maintained with court or agency
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
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)

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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	98,069	0	0	0	0
Annual Time Burden (Hours)	301,811	301,811	0	0	0	0
Annual Cost Burden (Dollars)	309,955	309,630	0	0	325	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 12/27/2019

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