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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
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
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."
Authorizing Statute(s):
US Code:
25 USC 1901 et seq.
Name of Law: Indian Child Welfare Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
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
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
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:
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
Agency Contact:
Steven Mullen 202 924-2650 steven.mullen@bia.gov
Common Form ICR:
No
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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