Footnotes

[1] U.S. Department of Health and Human Services (2010). Administration for Children and Families, Administration on Children, Youth, and Families. The AFCARS report: Preliminary FY 2009 estimates as of July 2010. Washington, DC: U.S. Government Printing Office.

[2] Billingsley, A., & Giovannoni, J. M. (1972). Children of the storm. New York: Harcourt Brace Jovanivich.

[3] Hill, R. B. (2008). An analysis of racial/ethnic disproportionality and disparity at the national, state, and county levels. Seattle, WA: Casey Family Programs.

[4] Texas Department of Family and Protective Services, Disproportionality in Child Protective Services System. https://www.dfps.state.tx.us/Child_Protection/Disproportionality/. Last visited May 21, 2015.

[5] Texas Department of Family and Protective Services. (2010). Disproportionality in Child Protective Services: The Preliminary Results of Statewide Reform Efforts in Texas. Austin, TX. Disproportionality in Child Protective Services, the Preliminary Results of Statewide Reform Efforts in Texas, located at http://www.dfps.state.tx.us/documents/about/pdf/2010-03-25_Disproportionality.doc. Last visited August 4, 2015.

[10] Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. No. 110-351. Available online at http://www.gpo.gov/fdsys/pkg/PLAW-110publ351/pdf/PLAW-110publ351.pdf. Last visited June 29, 2015.

[11] McKinney-Vento Homeless Assistance Act of 1987, Pub. L. No. 100-77. Available online at http://www.gpo.gov/fdsys/pkg/STATUTE-101/pdf/STATUTE-101-Pg482.pdf. Last visited June 29, 2015.

[12] Doubled up is defined as sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason. 42 U.S.C. § 11434a (2)(B)(i).

[16] Family Educational Rights and Privacy Act of 1974. Available at http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg484.pdf. Last visited June 29, 2015.

[18] Guidance on the Uninterrupted Scholars Act. Please see Guidance Document, Questions 19 and 21 (2014), available online at https://www2.ed.gov/policy/gen/guid/fpco/ferpa/uninterrupted-scholars-act-guidance.pdf. Last visited June 29, 2015.

[20] Please see, Op Tex. Att’y Gen. No. MW–43 (1979), available at https://www.texasattorneygeneral.gov/opinions/opinions/46white/op/1979/htm/mw0043.htm. Last visited June 29, 2015.

[21] Please see CPS Policy Handbook Section 15510, available at http://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_x15000.asp#CPS_15510. Last visited June 29, 2015.

[22] Available online at http://www.depts.ttu.edu/ttuisd/Files/pdf/14Grad-toolkit-booklet.pdf. Last visited June 29, 2015.

[23] For more information about changes made during the 84th Session by SB 149, please see, TEA “To the Administrator Addressed” Letter dated May 11, 2015, available at, http://tea.texas.gov/interiorpage_wide.aspx?id=25769821127. Last visited June 29, 2015.

[25] For more information about the ARD committee process, please see https://framework.esc18.net/Documents/ARD_Guide_ENG.pdf. Last visited June 29, 2015.

[26] Available online at http://www.ssa.gov/OP_Home/ssact/title04/0477.htm. Last visited June 29, 2015.

[27] Available online at http://www.dfps.state.tx.us/documents/txyouth/Higher_Ed_Resources.doc. Last visited June 29, 2015.

[33] Available online at http://www.tea.state.tx.us/FosterCareStudentSuccess/resource-guide.pdf. Last visited June 29, 2015.

[35] Developed by DFPS and provided to parents at visitation.

[36] Bureau of Indian Affairs (BIA), Guidelines for State Courts and Agencies in Indian Child Custody Proceedings, 80 Fed. Reg. 10146 (Feb. 25, 2015). Available online at http://www.indianaffairs.gov/cs/groups/public/documents/text/idc1-029637.pdf. Last visited July 31, 2015.

[37] Id.

[38] 25 U.S.C. §1903(1); BIA Guidelines, supra note 1 at Rule A.3.

[39] 25 U.S.C. §1903(8) [“Indian tribe” defined]; In re A.J., 733 A.2d 36 (Vt. 1999).

[40] BIA Guidelines, supra note 1 at Rule A.3., When does ICWA apply?

[41] BIA Guidelines, supra note 1 at Rule A.3(c), When does ICWA apply?

[42] BIA Guidelines, supra note 1 at Rule B.2. (b), What actions must an agency and State court undertake in order to determine whether a child is an Indian child?

[43] BIA Guidelines, supra note 1 at Rule B, Pretrial Requirements.

[44] “Indian custodian” is defined in ICWA as “any Indian person who has legal custody of an Indian child under tribal law or custom or under State law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.” 25 U.S.C. §1903(6).

[45] BIA Guidelines, supra note 1 at Rule C.3, How is a determination of “good cause” made?

[46] BIA Guidelines, supra note 1 at Rule C.3(e), Yavapai-Apache Tribe v. Mejia, 906 S.W.2d at 163.

[47] BIA Guidelines, supra note 1 at Rule C.2(b).

[48] BIA Guidelines, supra note 1 at Rule A. 4, How do I contact a tribe under these guidelines?

[49] 25 C.F.R. §23.2, “Parent means the biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. The term does not include the unwed father where paternity has not been acknowledged or established.”

[50] BIA Guidelines, supra note 1 at Rule B.2(b)(1).

[51] BIA Guidelines, supra note 1 at Rule B.6(a).

[52] BIA Guidelines, supra note 1 at Rule B.6(a).

[53] BIA Guidelines, supra note 1 at Rule B.8.(f).

[54] "Under ICWA, enrollment is not a necessary condition of tribal membership. Nelson v. Hunter, 132 Or. App. 361, 364, 888 P.2d 124, 125-26 (Ct. App. 1995). "[M]embership may be established through proof of enrollment[;] enrollment is not the exclusive test of membership." Id. "Enrollment is not always required in order to be a member of a tribe. Some tribes do not have written rolls. Others have rolls that list only persons that were members as of a certain date." Id., 888 P.2d at 125; accord In re Junious M., 144 Cal. App. 3d 786, 791, 193 Cal. Rptr. 40, 42-43 (Dist. Ct. App. 1983). Likewise, ICWA contains no blood quantum requirement; rather, each tribe has its own criteria. See Thomas R. Myers & Jonathan J. Siebers, ICWA: Myths and Mistaken Application, 83 Mich. Bar. J. 12, 21 (2004)." In re R.R., 294 S.W.3d 213 (Tex. App. 2009).

[55] BIA Guidelines, supra note 1 at Rule B.1. Determination That Child Is an Indian.

[56] BIA Guidelines, supra note 1 at Rule A.3 (b), When does ICWA apply?

[57] BIA Guidelines, supra note 1 at Rule B.8(f) What is the process for the emergency removal of an Indian child?

[58] BIA Guidelines, supra note 1 at Rule D, Adjudication of Involuntary Placements, Adoptions, or Terminations or Terminations of Parental Rights.

[59] BIA Guidelines, supra note 1 at Rule F.2, What placement preferences apply in adoptive placements?

[60] 25 U.S.C. §1915(c) (tribe can alter placement preferences by resolution).

[61] BIA Guidelines, supra note 1, at Rule F.1, When do the placement preferences apply?

[62] BIA Guidelines, supra note 1 at Rule F.4. How is a determination for ‘‘good cause’’ to depart from the placement preferences made?

[63] BIA Guidelines, Rule F.4(b)(4).

[64] BIA Guidelines, supra note 1 at Rule D.3.(c). What are the applicable standards of evidence?

[65] BIA Guidelines, supra note 1 at Rule A. 2. What terms do I need to know?

[66] Id. at B.1, When does the requirement for active efforts begin?

[67] BIA Guidelines, supra note 1 at Rule D.4. Who may serve as a qualified expert witness?

[68] BIA Guidelines, supra note 1 at Rule E.1(b).