How can one advocate for an exemption for a past-criminal history for relative placement?
ASFA requirements enacted by each state require disqualification of potential placement options for listed reasons, including a long list of criminal law violations. Each state must enact its own foster care licensing process that conforms to ASFA. Indian tribes are supposed to be consulted under federal regulations as part of this state regulatory process. The waiver process varies from state-to-state, although statutory requirements imposed by the federal ASFA statute cannot be waived or avoided by a state. The tribe must advocate for an exemption for a past-criminal history for a relative placement with the state agency process. In addition, the tribe can negotiate for a more liberal waiver process as part of an inter-governmental agreement with the state where the tribe is located. Finally, if jurisdiction is transferred to tribal court and Title IV-E is not implicated with regard to the potential placement, the tribe is free to establish its own licensing criteria and process that
