Indian Child Welfare (ICWA)

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WELCOME!
INTRODUCTIONS
• Name
• Office Location?
• Program Area
Just the Basics…We’ll be getting more info
next.
Ground Rules
Think about how you, as an individual, need to
ensure a safe environment to discuss difficult
and controversial issues.
Classmate Interview
• Why did you choose Child Welfare?
• What is your biggest hope, biggest fear about working for Children’s
Administration?
• What is your biggest hope, biggest fear about RCT?
• Tell me about your family.
– Write this stage on Post-It Paper hung up around the room.
– If your stage is already listed put a hash mark next to it.
• Tell me about an individual or family strength,
– What do you or your family do well?
• What other nonfamily members would your circle of influence
include?
• Tell me about your culture.
– How is your culture a source of strength for you?
How it can feel…
Video
Why does Children’s
Administration Exist?
Field Manual Review
Legal Foundations of
Child Welfare
Developmental Competency
SW120-01 Ability to identify major child welfare legislation
such as the Adoption and Safe Families Act, the state and
federal Indian Child Welfare Acts, and the Multiethnic
Placement Act and their implications to practice
Curricular Competencies
• Awareness of the significance of state and federal laws in child
welfare practice.
• Understand what the Braam settlement is, and how it affects child
welfare practice
• The ability to locate Washington RCW 26.44 and WAC 388-15, and to
use the text of the laws to answer basic questions about definitions
and areas of legal protection for children.
• Understand the basic concepts of the major federal and state laws
that determine child welfare practice.
Child Abuse Prevention and
Treatment Act (CAPTA) 1974
• Minimum definition of CA/N in state laws
• Mandatory reporting laws
• Due process rights for alleged perpetrators of CA/N
o Notification of allegations
o Opportunity to respond
o Opportunity to appeal
Indian Child Welfare (ICWA) Act 1978
• Native American Tribes have the right to intervene in court
proceedings
• States must provide “Active Efforts” to prevent placement
and reunify families
• Native children have a right to placement with culturally
appropriate caregivers
• Tribes may assume legal jurisdiction if they chose to do so
Multi-Ethnic Placement (MEPA)
Act 1994 /
Inter-Ethnic Placement Act
(IEPA) 1996
• Race, color, or national origin can not be
regularly used in placement decisions
• States must diligently recruit foster
families from minority communities
Adoption and Safe Families
Act (ASFA) of 1997
• States must provide “Reasonable Efforts” to
prevent placement and reunify families
• Permanency planning hearings
• States must request to terminate parental
rights if a child is out of home 15 of past 22
months, unless “compelling reason” not to
exist
Journey through the Court Process
Preparation for Independent Living
Long-Term Foster Care
Call to Intake
•
24 hours or less if emergent
•
72 hours or less if not emergent
Guardianship
Adoption
Kinship Care
Reunification
Permanency Planning Hearing
Placement by
•Police
•Court
•Voluntary
Review Hearing
5 to 6 months
(every 6 months following)
Dependency Established
Shelter Care
(Within 72 Hours)
Fact Finding
(Within 75 days)
Pg 96
The BRAAM Lawsuit
• Filed in 1998 in Bellingham
•
•
•
•
•
Lead plaintiff: Jessica Braam (12)
34 foster home placements
Alleged her civil rights were violated
Settlement in 11/2004
Agreement regarding improvement in 6
areas of practice
BRAAM Final Settlement:
Areas for Improvement
•
•
•
•
•
•
Placement Stability
Mental Health
Foster Parent Training & Information
Unsafe/Inappropriate Placements
Sibling Separation
Services to Adolescents
State Laws Defining Child
Abuse and Neglect
• RCW 26.44.020
– Basic working definition of terms
• WAC 388-15-009
– Expanded definitions including examples
Summary: Competency Review
Developmental Competency
SW120-01 Ability to identify major child welfare legislation
such as the Adoption and Safe Families Act, the state and
federal Indian Child Welfare Acts, and the Multiethnic
Placement Act and their implications to practice
Summary: Competency Review
Curricular Competencies
• Awareness of the significance of state and federal laws in child
welfare practice.
• Understand what the Braam settlement is, and how it affects child
welfare practice
• The ability to locate Washington RCW 26.44 and WAC 388-15, and to
use the text of the laws to answer basic questions about definitions
and areas of legal protection for children.
• Understand the basic concepts of the major federal and state laws
that determine child welfare practice.
Thank You
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