Indian Child Welfare Act (ICWA) Proceedings in State Court

Forms and Documents

Document	Type	Status	Availability
88 FR 11470.pdf	Supplementary Document	Uploaded 2023-02-24	Missing upstream
87 FR 43889.pdf	Supplementary Document	Uploaded 2023-02-15	Repair queued
IAFR001118__SSA_(1076-0186)_ICWA Proceedings in State Court - JP Feedback.docx	Supporting Statement A	Uploaded 2023-02-15	Missing upstream
ICWA 25 USC 1900 et seq.pdf	Supplementary Document	Uploaded 2015-02-24	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
220605	4B - Notify Tribe, parents, Indian custodian of voluntary custody proceeding		Modified
220603	3 - Notify Tribal court of pending dismissal and transfer records		Modified
220495	16 - Notify whether records maintained with court or agency		Modified
220494	11 - Inform adult adoptee of Tribal affiliation upon request		Modified
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
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: 202302-1076-005
Status: Active	Previous ICR Reference No: 201912-1076-001
Agency/Subagency: DOI/BIA	Agency Tracking No: IAFR001118
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: 03/28/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/24/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2026	36 Months From Approved	03/31/2023
Responses	98,069	0	98,069
Time Burden (Hours)	301,811	0	301,811
Cost Burden (Dollars)	364,972	0	309,955

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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:
	87 FR 43889	07/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 11470	02/23/2023
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
1 - Obtain information on whether child is an "Indian child"
10 - Notify of petition to vacate
11 - Inform adult adoptee of Tribal affiliation upon request
12 - Notify of change in status quo
13 - Provide copy of final adoption decree/order
14 - Maintain records of each placement (including required documents)
15 - Provide placement records to Tribe or Secretary upon request within 14 days
16 - Notify whether records maintained with court or agency
2 - Respond to State regarding Tribal membership
3 - Notify Tribal court of pending dismissal and transfer records
4A - Notify Tribe, parents/custodian of child custody proceeding
4B - Notify Tribe, parents, Indian custodian of voluntary custody proceeding
5 - Document basis for emergency removal/placement
6 - Notify tribal court of transfer, provide records
7 - Document "active efforts"
8 - Consent to termination or adoption (with required contents)
9 - Notify placement of withdrawal of consent

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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)	364,972	309,955	0	0	55,017	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: $4,782

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? No

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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: 02/24/2023

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