Engaging Community Stakeholders and Building Community Partnerships: State-Tribal Partnerships

1
Engaging Community Stakeholders and Building
Community PartnershipsState-Tribal Partnerships

2
Introduction

• Understanding the principles of Tribal
  Sovereignty, historical factors, and the Indian
  Child Welfare Act are key elements to developing
  positive state-tribal partnerships.
• This presentation will describe cultural
  distinctions that are the underpinnings of the
  statutes and protocols that guide the need for
  tribal engagement in child welfare.

3

• The Context of the Relationship Between the
  Federal Government and Indian Tribes

4
(No Transcript)
5
Key Acronyms in Indian CountryNative American
Statistics - USA e Basic Numbers4.1 million
people reported as American Indian/Alaska Native
(AI/AN) 2000 US. Census 1.4 million children
under the age of 18 562 Federally Recognized
Tribes Native American children are placed in
out-of-home care at a rate that is 3.6 times
higher than the general population
6
Native American Statistics (State)

• Federally recognized tribes
• Total AI/AN population
• Total AI/AN population lt19

7
Historys Impact on Child Welfare in American
Indian Communities
8
Key Laws Affecting Indian Tribes

• y Laws related to Indian Tribes
• 1819 Civilization Fund Act
• 1830 Removal Act
• 1887 Dawes Allotment Act
• 1924 Indian Citizenship Act
• 1934 Indian Reorganization Act
• 1953 Public Law 280 (limits of state
  jurisdiction)
• 1975 Indian Self-Determination Act
• 1978 Indian Child Welfare Act
• Court Rulings

9
Federal Policies of the 1800s

• American history and federal policy have impacted
  Indian tribes since first contact.

10
Civilization Fund Act-1819

• The act intended to civilize and Christianize
  Indians through federal and private means.

11
Removal Act, 1830

• Enacted to move Indians away from traditional
  homelands to Indian Territory west of the
  Mississippi

12
Indian Boarding Schools1860s Present

• Native children were removed from home and sent
  to military style boarding schools

13
Dawes Allotment Act, 1887

• Indian land divided up in effort to turn Indians
  into nuclear families and farmers
• Introduction of blood quantum concept of tribal
  enrollment

14
Indian Citizenship Act, 1924

• American Indians granted United States
  Citizenship.
• And while all Native Americans were now citizens,
  not all states were prepared to allow them to
  vote. Western states, in particular, engaged in
  all sorts of legal ruses to deny Indians the
  ballot. It was not until almost the middle of the
  20th century that the last three states, Maine,
  Arizona and New Mexico, finally granted the right
  to vote to Indians in their states.

15

• In 1953, Congress perceived inadequate law
  enforcement in Indian country and enacted Public
  Law 83-280 ("P.L. 280") to address the problem.

16
Public Law 83-280, 1953

• Public Law 280 is a federal statute enacted by
  Congress in 1953. It enabled states to assume
  criminal, as well as civil, jurisdiction in
  matters involving Indians as litigants on
  reservation land. Previous to the enactment of
  Public Law 280, these matters were dealt with in
  either tribal and/or federal court. Essentially,
  Public Law 280 was an attempt by the federal
  government to reduce its role in Indian affairs.

17
Public Law 280, cont.

• Without tribal agreement, six states which were
  obligated to assume jurisdiction from the outset
  of the law Alaska, California, Minnesota,
  Nebraska, Oregon, and Wisconsin. States that have
  assumed at least some jurisdiction since the
  enactment of Public Law 280 include Nevada,
  South Dakota, Washington, Florida, Idaho,
  Montana, North Dakota, Arizona, Iowa, and Utah.
  After 1968, tribal agreement was required before
  state assumption of jurisdiction.

18
Federal Policies, 1950-60s

• Federal and private agency policies and practices
  impact Native American children and families--
• Indian Adoption Project (Bureau of Indian Affairs
  and the Child Welfare League of America)-1958
• Relocation Program - 1950s
• 1960s tribes began questioning placement rate of
  their children into non-Indian homes

19
Empowerment in the 1970s

• 1970s Association on American Indian Affairs,
  New York, conducted surveys to find out extent of
  Indian child welfare issues.
• Studies found 25-35 of all Indian children had
  been removed from families and placed in
  non-Indian care
• Findings created and expressed national tribal
  concern, then action and advocacy
• In 1978 Congress passed Indian Child Welfare Act

20
Public Law 93-638Indian Self-Determination Act,
1975

• The Indian Self-Determination and Education
  Assistance Act (PL93-638) gave official US
  sanction to promote Indian self-governance by the
  tribes. It did so by allowing the tribes to
  contract with federal agencies such as the Bureau
  of Indian Affairs (BIA) and Indian Health
  Services (IHS) to operate these formerly
  federally operated delivery systems through 638
  contracts.

21

• In April 1994, President Bill Clinton reinforced
  the longstanding federal policy supporting
  self-determination for Indian Nations and
  directed federal agencies to deal with Indian
  Nations on a government-to-government basis when
  tribal governmental or treaty rights are at
  issue. Each President since Lyndon Johnson has
  formally recognized the sovereign status of
  Indian Nations.

22

• The five main principles of President Clintons
  policy required agencies to
• (a) Operate within a government-to-government
  relationship with tribes
• (b) Consult, to the greatest extent practicable,
  with tribes prior to taking actions that affect
  tribes
• (c) Assess the impact of all federal plans,
  projects, programs, and activities on tribal
  trust resources, and assure those tribes rights
  and concerns are considered during the
  development of plans, projects, programs and
  activities
• (d) Take appropriate steps to remove procedural
  impediments to working directly and effectively
  with tribes on activities affecting the property
  or rights of tribes
• (e) Work cooperatively with other agencies to
  accomplish the goals of this memorandum

23
Tribal Sovereignty
Indian Self Determination Act
Sovereignty
ICWA
Tribal Sovereignty
Indian Reorganization
Treaties
Reservations
World View
24

• Tribal governments are acknowledged in the U.S.
  Constitution and hundreds of treaties, federal
  laws, and court cases as distinct political
  entities with the inherent power to govern
  themselves.

25

• The essence of tribal sovereignty is tribes
  ability to make and enforce their own laws and
  programs to promote the heath, safety, and
  welfare of tribal citizens within tribal
  territory.

26
Jurisdictional Issues

• Indian tribes, as sovereigns that pre-exist the
  federal Union, retain inherent sovereign powers
  over their members and territory, including the
  power to exercise criminal jurisdiction over
  Indians.

27

• Tribes also have exclusive jurisdiction over such
  proceedings when they involve an Indian child who
  is a ward of the tribal court, regardless of
  where the child resides. Custody proceedings
  covered by the act include foster care placement,
  the termination of parental rights, and
  pre-adoptive and adoptive placement.

28

• The federal government also has key
  responsibilities
• to tribes. The federal trust responsibility, one
  of the most
• important doctrines in federal Indian law, is the
  federal
• governments obligation to protect tribal
  self-governance,
• lands, assets, resources, and treaty rights and
  to carry out
• the directions of federal statutes and court
  cases. The
• federal relationship with tribal governments also
  limits
• the role of state governments on tribal lands.

29
Common Components in Tribal Governments (note
there are over 560 federally recognized distinct
tribes)
30

• The historic oppression of Native Peoples has
  resulted in an historic mistrust of state and
  federal governmental agencies.

31
Context for Tribal Engagement in Child Welfare

• American Indian cultural values are distinct from
  those that frame mainstream child welfare systems
• Mainstream child welfare systems have not always
  acknowledged these differences.
• Historical events have had a profound effect on
  tribal-state relationships

32
Federal child welfare legislation is not
always viewed in a positive way by Native
Americans.It was feared that laws, such as the
Multi-ethnic Placement Act and Adoption and Safe
Families Act could cause confusion with ICWA
complianceThe Adoption and Safe Families Act
was initially viewed as just another method to
find permanency for Native American children in
adoption placements -- such as the 1950s Indian
Adoption Project.
33
Indian Child Welfare Act -1978

• The stated purpose of ICWA is to protect the
  best interests of Indian children and to promote
  the stability and security of Indian tribes and
  families.
• The act seeks to protect Indian children, tribes
  and culture by limiting states powers and by
  encouraging respect for tribal authority
  regarding the placement of Indian youth.
• The Indian Child Welfare Act played an important
  role in tribal empowerment in child welfare

34

• The Indian Child Welfare Act has provided the
  impetus to improve tribal-state relationships and
  develop better understandings of cultural
  differences.

35
Cultural Competence

• Cultural competence is basic to eliminating
  disproportionate outcomes in child welfare.
• Definition of Organizational Cultural Competence
  
• A set of congruent practice skills, attitudes,
  policies, and structures, which come together in
  a system, agency or among professionals and
  enable that system, agency or those professionals
  to work effectively in the context of cultural
  differences. (Cross 2004)
• States and Tribes working together can achieve
  cultural competence goals on behalf of the
  children.

36
Within most Native cultures, children are at the
center of the community. They are encircled by
extended family. Each member of their family has
a traditionally prescribed responsibility to the
children, both male and female.
Grandparents
Children
Mother
Father
Uncles
Aunts
Older Brothers, Cousins
Older Sisters, Cousins
Younger Brothers, Cousins
Younger Sisters, Cousins
Friends/peers who Walk the same path of learning
37
World View

• The circle represents all relationships in the
  spirit world and on the earth.
• All beings encircle and protect the young.
• Good health is represented by a balance of
  spiritual, mental, emotional and physical
  well-being. When one element is unwell, every
  element is affected.
• The balance is necessary for individual, family
  and community health and wellness.

38
Current Tribal Child Welfare Issues

• Indian Child Welfare Act Compliance
• Recruitment and Retention of Native American
  Foster Families
• Adoption and Customary Adoption

39
Disproportionality in Child Welfare

• 35 of all American Indian children live in
  poverty 10 of white children live in poverty.
• Indian children are victims of maltreatment at
  the same rate as other children, but maltreatment
  is substantiated twice as often as white
  children.
• Indian children experience placement three (3)
  times as often as white children. (CWLA 2003)
• In some states, Indian children represent 35-60
  of the children in out-of-home placements.

40
Building State Tribal Partnershipsin the
CFSR Process begins with acknowledging the
historyand finding common ground.
41
The Best Interests of Indian Children are Served
by

• Creating State/Tribal Partnerships
• Government to government communication
• Ensuring a seat at the policy table
• Consulting tribes at all levels
• Developing culturally competent systems of care
• Legislatively
• Organizationally
• Professionally
• Adhering to the Indian Child Welfare Act
• In the courts
• Administratively
• In direct service practice

42
Benefits of Collaborating With Tribes

• Clarifies the roles and responsibilities for the
  provision of care to tribal children to better
  serve Native American children and families
• Provides opportunities to improve outcomes for
  Native American children served by the child
  welfare agency
• Enhances mutual understanding of the role of
  governmental agencies in formulating or
  implementing policies that have tribal
  implications Statewide Assessment

43
States can engage tribal representatives in the
Statewide Assessment process through the
following activities

• Providing formal notification of the CFSR to
  the tribal chairpersons/executive directors and
  social services directors
• Request that they designate appropriate persons
  to be involved throughout this collaborative
  process
• Using the CFSR process to formalize and enhance
  consultation and collaboration with tribes and
• Consultation early in the process and engaging
  tribal representatives in meaningful roles,
  discussions of key issues, and decision-making.

44

• Developing materials about the CFSRs to share
  with tribal representatives the documents should
  help them understand the benefits of the CFSR to
  their efforts to support children and families
• Including tribal representatives on the Statewide
  Assessment Team and associated work groups
• Inviting tribal representatives to participate in
  surveys and focus groups
• Holding key Statewide Assessment meetings or
  focus groups on tribal lands, in Indian Country,
  and/or on reservations, and at times convenient
  for tribal members
• Asking tribal representatives to identify any
  tribal data that they would like to share related
  to children served by the State child welfare
  agency and to help analyze State agency data

45

• Identifying child welfare issues related to
  Native American children served by the State
  agency, and exploring strategies for resolving
  those with tribal representatives,
• Identifying areas in which States and tribes
  could work together better to improve their child
  welfare systems
• Initiating cross-training opportunities for State
  and tribal child welfare agency staff
• Involving tribal representatives in drafting
  sections of the Statewide Assessment
• Soliciting tribal representatives comments on
  Statewide Assessment drafts

46
States can engage tribal representatives in the
onsite review through the following activities

• Notifying key tribal representatives about the
  timeline for planning and conducting the onsite
  review
• Inviting tribal representatives to designate
  staff to participate as case record reviewers
  during the onsite review
• Conducting stakeholder interviews with tribal
  representatives (and providing to them in advance
  of the interview a copy of the questions that
  they will be asked)
• Inviting tribal representatives to attend exit
  meetings or debriefings

47
States can engage tribal representatives in the
PIP process through the following activities

• Providing a copy of the Final Report to tribal
  representatives.
• Including tribal representatives on the PIP Team
  and associated work groups.
• Establishing Memorandums of Understanding (MOUs)
  or Agreement (MOAs).

48

• Asking for assistance in identifying areas
  needing improvement.
• Engaging tribal representatives in analyzing
  State and local data to identify tribal issues
  and concerns and promising practices.
• Ensuring that the States ongoing QA efforts
  address issues concerning Native American
  children and include tribal representatives in
  measuring program improvement activities.
• Inviting tribal representatives to review and
  comment on PIP drafts.

49

• Teaming tribal representatives with State child
  welfare agency staff to implement and monitor PIP
  activities.
• Including tribal representatives on PIP
  evaluation teams.
• Identifying TA needs for both tribes and State
  child welfare agencies.

50

• Initiating cross-training opportunities for State
  and tribal child welfare agency staff about
  practice issues related to agency/tribe
  jurisdiction over child welfare cases.
• Holding PIP meetings in tribal communities.
• Acknowledging both the uniqueness of tribal child
  welfare circumstances and perspectives and the
  shared goal of improving outcomes for children
  and families.

51
Action Planning

• Next Steps