A. The department shall make a good faith effort to enter into a tribal-state agreement for the coordination of care and custody of Indian children with each Indian tribe within the borders of this state.

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B. The department may enter into a tribal-state agreement with any Indian tribe outside of this state if there are children residing in this state who are members of or are eligible to become members of that Indian tribe.

C. Any state services requiring a tribal-state agreement based on a funding source shall be negotiated and entered into to meet the provisions of this section.

D. A tribal-state agreement may include an agreement regarding:

(1)     whether a case needs to be filed, and whether the case would be filed by the department in court or by the appropriate tribal agency in tribal court;

(2)     exclusive jurisdiction over cases filed by the department in which the court and tribal court would otherwise have concurrent jurisdiction;

(3)     the process to transfer cases between a court and tribal court; and

(4)     procedures for the assessment, removal, placement and custody of Indian children.

E. A tribal-state agreement shall:

(1)     provide for cooperative delivery of child welfare services to Indian children in this state, including the use, to the extent available, of services provided by the Indian tribe; and

(2)     if services provided by the Indian tribe are unavailable, provide for the department’s use of community services and resources developed specifically for Indian families and that have demonstrated experience and capacity to provide culturally relevant and effective services to children.

F. The department shall review the tribal-state agreement every five years and invite the tribe to propose updates to the tribal-state agreement.