ODHS urges technical ICWA fix to allow timely out‑of‑state placements when needed

Lacey Andresen, deputy director for ODHS child welfare, and Emily Hawkins Quentin, the department’s Indian Child Welfare consultant, told the committee that state law can unintentionally block placements that are consistent with the Indian Child Welfare Act (ICWA) and the Oregon Indian Child Welfare Act (ORICWA).

Hawkins Quentin said tribes, experts and ODHS found situations where the only programs that meet a child’s treatment and cultural needs are located outside Oregon, and current state practice can prevent such placements even when a tribe supports them. ‘‘When state law or policy removes out‑of‑state placements from consideration altogether, it undermines the placement preference structure required by ICWA and ORICWA,’’ she said.

George Lopez, director of ODHS’s Office of Tribal Affairs, described the office’s role in ensuring tribal engagement and urged the committee to allow tribal input in defining ‘‘reasonable proximity’’ when out‑of‑state placements are considered. Andresen said the change is intended as a technical fix to allow culturally appropriate and timely placements, not as a broad deregulation of placement standards.

Committee members asked whether language such as ‘‘reasonable proximity’’ might cause future disputes; Andresen said tribes would be asked to define reasonable proximity for individual cases and that the intent is to preserve tribal decision‑making and ICWA compliance while avoiding needless delay when in‑state capacity is lacking.