SW111-01 Ability to identify the provisions of the state and federal Indian Child Welfare Acts and understand the implications for child welfare practice
SW111-02 Knows the definition of an Indian child and why a distinction exists between
American Indian or Alaskan Native children and other children
SW111-03 Ability to identify the order of placement preferences for American Indian or Alaskan
Native child
SW111-04 Knows the meaning of Government to Government, and knows how to communicate and work with another Nation
SW111-05 Aware of Tribes located in and outside of Washington and knows how to contact them using the CA Intranet resource and ACES Data Base
SW 111-06 Aware of the location and contents of CA Tribes’ MOU or local area agreements
SW 111-07 Understands the roles and responsibilities of the Office of Indian Policy, ICW
Program Manager, ICW Units, and responsibilities of all staff who come in contact with
American Indian or Alaskan Native children
SW111-08 Understands the importance of integrating ICW knowledge and skills throughout different practice areas
As a result of completing this e-learning, participants will be able to:
1.
Identify 6 major provisions of the state and federal Indian Child Welfare Acts and understand the implications for child welfare practice.
2.
Recall the State and Federal definitions of Indian Child used when applying ICWA.
3.
List the series of steps required for a worker to identify a possible Indian Child and follow the local office procedure to complete an Indian Child Inquiry Request.
4.
List the 4 placement preferences identified by ICWA in order of their preference.

Session 1.7 Introduction to Indian Child Welfare Act
5.
Explain the nature of the relationship between federally-recognized Indian Tribes and the US government, and the implication of this relationship on our work with Tribes under ICWA.
6.
List several tribes that exist in the state of Washington and locate other tribes and their contact information using appropriate internet resources.
7.
Locate the CA-Tribes’ MOU’s or local area agreements.
8.
Name some of the roles and responsibilities of the Office of Indian Policy, ICW Program
Manager, Regional ICW Program Consultants, and ICW Units.
9.
Articulate the importance of integrating ICW knowledge and skills throughout different practice areas
Talking about Competencies
The state and federal Indian Child Welfare Acts are laws that obligate Children’s Administration to take certain steps to protect and preserve the legal rights and cultural and familial connections of children covered by the act when a child custody proceeding involving an Indian child as defined by the acts is commenced.
Staff must understand the actions required of them to inquire about Native American ancestry with every family, to properly record a child’s ancestry on the Family Ancestry Chart, and to follow the legal processes required if a child meets the Indian child definition.
Laptops for ICW related computer practice
DSHS Forms:
Indian Identity Request DSHS 09-761
Family Ancestry Chart DSHS 04-220
Inquiry to Indian Tribe, Band/Nation DSHS 09-539
Indian Child Welfare Act Notice (Judicial Form) http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=7
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Session 1.7 Introduction to Indian Child Welfare Act
Horejsi, C, Heavy Runner Craig, B & Pablo, J. (1992) Reactions by Native American Parents to Child
Protection Agencies: Cultural and Community Factors. Child Welfare, Retrieved from URL: http://www.dshs.wa.gov/ca/pubs/mnl_icw/appendixA_1.asp
Step
1 Pre-Learning
2 Classroom Activity and
Debrief Including Indian
Expert
Delivery Method
Field Manual, including E-learning, article, and LICWAC experience
In-Class
Time
4 hours
2 hours
Trainer's Note: RCT Participants should be instructed to complete the elearning and associated assignment prior to the classroom session. The assignment is intended to serve as a guide for participation in the classroom session/debrief. It is not the intention that coaches are to grade this assignment since identical material is covered in class, the assignment is intended to be used as a tool for the participant's learning.
Complete the e-learning An Overview: The Indian Child Welfare Act .
Complete the e-learning “An Overview of the Indian Child Welfare Act”.
Once you have finished, answer the following questions using the resources provided, and other information from your local office. This assignment is intended to prepare you for the ICW classroom session. Please complete the questions below and bring this assignment to class to guide your participation in discussion and reflection.
1.
Briefly explain what lead to the passage of the federal Indian Child Welfare Act.
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Session 1.7 Introduction to Indian Child Welfare Act
2.
Explain the nature of the relationship between federally-recognized Indian Tribes and the
US government, and how this impacts our work with Tribes under ICWA.
Read the article: Reactions by Native American Parents to Child Protection Agencies: Cultural
and Community Factors, originally published in Child Welfare, and currently posted on the CA website here: Reactions by Native American Parents to Child Protection Agencies: Cultural and
Community Factors
3.
What are your thoughts about how your work with Native American children and families may be impacted by the issues identified in the article? How you may work to overcome these obstacles and create a positive working relationship?
1.
Briefly summarize the main requirements of ICWA in regards to the following:
Identifying Indian Children
2.
What is the definition of an Indian Child used by federal and state ICWA?
3.
What is the process for sending an inquiry to a federally recognized tribe and documenting that the inquiry was sent?
4.
If a child may be an Indian Child affiliated with more than one federally recognized tribe, what is the requirement for verifying their Indian status with each Tribe – must we send an inquiry to each possible federally recognized tribe or can we stop once one Tribe has confirmed the child’s membership or eligibility for membership?
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Session 1.7 Introduction to Indian Child Welfare Act
1.
Briefly summarize the main requirements of ICWA in regards to the following:
Tribal Jurisdiction
2.
Sovereignty is an important concept guiding the working relationships between representatives of Children’s Administration and representatives of federally recognized
Tribes. How does this impact our work together?
Read the explanation of MOU’s/Local agreements titled “Memorandums of
Agreement/Understanding Info” on the CA intranet ICW page. From the home page go to
Programs – then ICW:
Look through a few MOU’s. Read the MOU pertaining to a Tribe in your region that you believe you are likely to work with. List two things the agreement between this Tribe and CA addresses:
3.
4.
5.
Who would you contact if you could not locate an MOU for a Washington state, Federally recognized tribe?
Review the policy for LICWAC staffings in the Indian Child Welfare Manual section 10.05
6.
If a child’s Tribe is involved and has not requested a staffing, is LICWAC staffing appropriate?
7.
When, where, and how often are LICWAC staffings available in your area?
Work with your supervisor, co-workers, or the LICWAC coordinator to attend a LICWAC
staffing.
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Session 1.7 Introduction to Indian Child Welfare Act
8.
What was the purpose of the particular LICWAC you attended? What did you observe about the staffing that might be helpful to a staff member who was going to present a case at LICWAC?
Use information found on the CA Intranet ICW page to answer the following questions. From the home page go to Programs – then ICW:
9.
List a Tribe located within your region. Provide their contact information. Identify any resources or services they may provide to mutual clients. This may be identified by looking at a Tribal web page, asking local ICW staff or supervisor, or reviewing a case file and noting culturally specific services provided to an Indian Child and their family from that tribe.
10.
Use the National Congress of American Indians Tribal Directory to look up information on the White Mountain Apache Tribe. Where are they located? Are they federally recognized?
11.
In your own words, what is the role of the Office of Indian Policy?
1.
Briefly summarize the main requirements of ICWA in regards to the following:
Placement
Voluntary Placement (VPA)
Notifying the child’s Tribe of Placement
Use the information in the CA Indian Child Welfare Manual, Chapter 7 Placement Activities , from 7.05 Placement Preferences to 7.45 Record of Placement Determination to answer the following questions.
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Session 1.7 Introduction to Indian Child Welfare Act
2.
What is the name of the form that must be sent to the child’s extended family members during the diligent search for a suitable placement?
3.
The social worker does not make an out-of-home placement of an Indian child prior to
and, when possible, of the placement by the social services program of the child's Tribe(s). If the child is placed in emergency circumstances, the social worker contacts all identified Tribe(s) within working day of placement.
4.
When an Indian Child is placed outside the placement preferences of their Tribe or of RCW
13.38.180, diligent efforts must continue to identify a suitable placement within the placement preferences.
True or False?
1.
Briefly summarize the main requirements of ICWA in regards to the following:
Active Efforts
Termination of Parental Rights
2.
List three different local providers or entities that provide culturally specific services
(housing, treatment, health, financial, parenting, vocational, legal, etc) to parents who are
Native American. a.
b.
c.
3.
List three different sources of support for children/youth who are Native American. These might include sources of cultural connection for children placed in homes outside their extended family and Tribe.
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Session 1.7 Introduction to Indian Child Welfare Act a.
b.
c.
4.
ICW Program Consultants serve as support to staff and supervisors by helping them to understand and follow law, policy, and local agreements/MOU’s. They also serve to assist staff and supervisors in creating better working relationships with Indian children, their families, and Tribes. ICW program consultants are available in every region. Use the contact information posted in the document on the top, right hand side of the ICW page to locate your ICW Program consultant. What is their name and contact information:
5.
Are there specialized Indian Child Welfare units in your area? What responsibilities do they have and what responsibilities do non ICW designated staff have in regards to ensuring
ICWA compliance?
Trainer’s Note: A local representative of a Tribe or other individual who has long-term and strongly established working relationships with their local Tribes should be present during the structured de-brief and classroom activities so that questions and experiences can be responded to from an informed legal, cultural, and historical perspective. This will be coordinated by the individual coach for the cohort.
Coaches should attempt to schedule a Tribal representative from a local tribe who is familiar with ICWA and with the working relationship between CA and their tribe at the local level. If such a person cannot be located, Coaches may instead use a local ICW supervisor or, when needed, the regional ICW liaison.
If you haven’t been able to schedule an expert for your upcoming session, connect with your Lead Coach at least two weeks before the training date to assist you.
Hook:
Show the video “We Shall Remain,” by the StyleHorse Collective. http://www.youtube.com/watch?v=Gs0iwY6YjSk
This short video makes the link between many struggles within Native communities today and the historical atrocities committed against them. It’s a good tool to ground the discussion of the Indian Child Welfare Act and speaks eloquently to the idea of Historical Trauma.
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Session 1.7 Introduction to Indian Child Welfare Act
After showing the video, ask for thoughts. No particular points are important to address, allow participants to react and to integrate the emotional content of the video.
Note that this video just scratches the surface, and further trainings are being developed on many topics important to those serving Indian families, including Historical Trauma.
Permission to use video:
From: info@thestylehorsecollective.com
[ mailto:info@thestylehorsecollective.com
]
Sent: Saturday, October 18, 2014 10:38 PM
To: rego
Subject: RE: We Shall Remain
Hi Sheri!
We would be thrilled for you all to use and share in any way you see fit.
We have full permission to share from our funding source. It was public funding and therefore is public domain.
Please let us know how it goes. We love hearing the response.
Also, our hopes are to be making a series of these types of videos addressing issues in our Native communities in an honest, but positive way.
Keep an eye out!
Kind Regards,
Kimberly and All of The StyleHorse Collective
-------- Original Message --------
Subject: We Shall Remain
From: rego <rego@uw.edu>
Date: Thu, October 16, 2014 1:57 pm
To: "info@thestylehorsecollective.com"
<info@thestylehorsecollective.com>
Hello!
We are interested in using your video, We Shall Remain, in our training program for
Child Welfare Social Workers, Administrators and Caregivers (Foster and Adoptive families). This may include using it as a link, or embedded into, an on-line training on the Indian Child Welfare Act. Can we please have your permission to use the video for this purpose?
Thanks so much.
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Session 1.7 Introduction to Indian Child Welfare Act
Learning and Development Coordinator
Alliance for Child Welfare Excellence
University of Washington, School of Social Work
360-224-8009 rego@uw.edu
Activity #1 – Using the Indian Identity Request form to Identify possible Indian Children, and completing the Family Ancestry Chart
Ask participants to pair up and complete the Indian Identity Request form with a partner, as if they were doing so with a real client. E.g. the participant will sign in the “mother” or the “father” box of the form.
Then complete the Family Ancestry chart. Each of them should do this, thought it should be noted that in practice this is only required when someone reports possible affiliation or membership with a tribe.
Provide 10 minutes for this activity.
Trainer’s Note: Many participants will have asked their partner to speak to their child’s other parent’s heritage. This should be identified as a common error, and leads to many children every year to be misidentified as non-Indian. It is VITAL to have each parent speak only for their own heritage, and to ask both parents of every child. When the father is unavailable it’s preferable to identify a family member of his that can answer the questions, rather than to take the mother’s word regarding ancestry. When paternity is in question, it’s important that this information continue to be pursued and that inquiry continue after paternity is confirmed/ established.
When people have completed the activity ask:
Were you surprised at what your partner knew or didn’t know about their ancestry? Were you surprised at what you knew/didn’t know?
How might it be different to complete this form with a client? How would you introduce these questions to them?
Have you seen this form used in the field and if so what did you observe?
Discussion and Debrief
During the designated in class time, the coach will facilitate a de-brief of the key learning outcomes. The
Tribal representative and/or CA ICW staff are an integral part of this de-brief as they will interact with participants by responding to their questions and helping them further their understanding of the topic.
Have guest experts introduce themselves and their role, including if and how participants may contact them after today’s discussion, if they are willing to be contacted.
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Session 1.7 Introduction to Indian Child Welfare Act
If the CA ICW Liaison isn’t attending, remind participants that this is another person they can contact.
They should have identified their local liaison as part of the Pre-Learning.
Below are the de-brief questions that should be used with participants in the training –by the coach or
Indian expert. Underneath each question is a recap of what the answer should minimally contain. Try to help the class work together to get to the correct information, and use the expertise and real-life experience of the Indian expert to help participants broaden their understanding in regards to each question.
Legal and Historical Basis:
Are there any questions about the reason for the federal Indian Child Welfare Act? What is the reason for the passage of the Act?
ICWA was a response to historical intrusions into the Indian family and ongoing attempts to eliminate Native cultures and customs through a variety of practices that tore the family apart.
Some of these were directly carried out by child welfare organizations. This historical context has an impact on relationships between child welfare organizations and Native people today.
Children covered under the act, their families and tribes are considered differently than other children and families. Why? What is the basis of this difference?
The rights and responsibilities outlined in the state and federal ICWA come because of Indian
Sovereignty and because of the status of Native People as members of a distinct political entity.
These protections are NOT based on someone’s racial, ethnic, religious or other identification.
Verification of Child’s Indian Status:
What is the state’s obligation in regards to identifying children who may qualify under ICWA and what does that mean for your work?
We have to identify Indian children by asking anyone who would reasonably know of their affiliation with a federally-recognized Tribe(s). This means both parents and their extended family, at a minimum. Also, this must be asked at case transfers and periodically.
What did you find out about the process of completing the inquiry process to tribes about a child’s membership status in your office, and what questions do you still have?
Tribes should receive “informal” notification as soon as possible – this is often a phone call from the worker or another designated CA person to the Tribal person designated for child welfare inquiries. Many Tribes receive notice at the point of Intake as identified within their MOU.
Tribes should be mailed the Inquiry letter (Inquiry to the Indian Tribe, Band or Nation 09-539) and the Family Ancestry Chart (04-220). This will need to occur more than once if no response
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Session 1.7 Introduction to Indian Child Welfare Act is received. (Indian Child Welfare Manual 03.04 B) ). In some offices the legal notice is served by the Attorney General’s Office. Consult your supervisor regarding the practice in your local office.
Workers must follow the process specific to their region for completing the Native American
(Indian Child) Inquiry Request (NAIR). If their region accesses the centralized NAIR unit, workers should follow that units protocol (provide handout). If the region requires the worker to complete the work themselves they should complete the process to generate a FamLink inquiry letter as described in the e-learning.
Participants should be able to articulate how this is supposed to occur in their offices. If a participant doesn’t know their local process/procedure, the coach should schedule a separate time to review their office ’ s procedure with them, or should alert the participant ’ s supervisor of the need to review this procedure with them.
Working with Tribes:
Many local Tribes have entered into MOU’s with the state. What is an MOU? What was contained in the MOU you reviewed?
An agreement between the state (via Children’s Administration) and a WA state Federally recognized tribe outlining roles and responsibilities of both parties with respect to child welfare matters, and outlines how the two parties will work together. Many MOU’s are posted to the
CA Intranet and the CA Internet.
Of course, you may be working with a child affiliated with any of the more than 500 federally recognized tribes. However, as we learn sometimes it’s easiest to start with gaining an understanding of local tribes. What did you find out about the local Tribes you may be working with? Did any of them have MOU’s or local agreements? What are the specific protocols for working with them? What services and supports did you find that these tribes may provide?
Answers will vary.
Coaches should become familiar with any MOU’s/local agreements and other information about local tribes as they prepare for this de-brief. Coaches do not need to be experts, but should be aware of basic information that participants could easily access on the intranet, or internet.
What were your experiences with LICWAC? What questions still remain about the criteria for staffing a case before LICWAC?
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Session 1.7 Introduction to Indian Child Welfare Act
Participants will have had various experiences and will have questions.
Criteria are that the child’s Tribe is not involved or has requested that LICWAC be used.
What are some concerns you have about working across cultural, procedural, and legal differences (even for participants who are Native, they will be working across cultural differences as they engage with individuals from a wide range of Tribes or RAIOs with a range of perspectives and procedures)?
Concerns will vary. Guests will be able to bring their experiences and perspectives to address these concerns. Not every concern can or will be solved in the classroom – sometimes you just have to arm yourself with good information and good intentions, seek consultation about how to proceed, and be humble as you fumble along (that’s how you learn!)
Placement of Indian Children:
Why might it be important to educate foster placements about ICWA – even if the child being placed into their home has not been identified as an Indian Child?
This goes along with the importance of letting foster homes know about relative search and the importance of placing children with relatives generally – but is even more important for kids we know meet or may meet the definition of Indian child under ICWA. Foster parents receive training regarding the law, but we know that what people recall and understand following training varies – and the assigned worker is the “expert” in the placement’s eyes regarding all things related to the legal child welfare matter.
Each and every time a child is placed from their home into a foster home a discussion should occur about the expected temporary nature of this placement, the need to look for relatives, and the ongoing need to screen for ICWA. This won’t make it easy for the placement that falls in love with this child, but it at least lays the groundwork for a possible future decision to move the child to be understood, respected, and supported.
What actions do you think might be important to maintain cultural and family ties for a child placed with a non-Indian family or even a family that isn’t connected to the Tribe (as sometimes happens with family placements on the non-Indian side of the family)?
Various answers might be offered but look for similar types of answers to the question on resources for children. Guest experts may have personal experiences to share about how a child was kept connected to their Tribe/family that may serve as excellent examples.
This is an important issue to consider and of course impacts those children who identify as
Native American but are not Indian Children under ICWA.
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Session 1.7 Introduction to Indian Child Welfare Act
Achieving Permanence through Active Efforts:
What resources (outside those offered specifically by a Tribe or Recognized American Indian
Organization) did you identify in your communities that might help parents? Children and youth?
Participants will typically start with identifying substance abuse and mental health resources.
Remember to ask about sources of support for: physical health, financial support and concrete resources, housing, spiritual connection, parenting information and support, visitation resources.
Specific to children and youth, remember to ask about any resources that were identified that promote connections with Tribes and with other cultural heritage (as children may have more than one cultural heritage that’s important to honor). This might be a Girl Scout troop run for tribal member children, a Native basketball team, weekly drumming, or attending canoe journey, a summer camp or Pow Wow.
What were you surprised to learn about achieving permanence with Indian Children?
Answers will vary. This is a time to check for understanding about the requirements of TPR for an Indian child (Active efforts have been provided, beyond a reasonable doubt threshold, continuation of parent child relationship causing serious damage, Indian Expert testimony).
Are there ICW units in your office and if so what is the working relationship between these units and other units?
Answers should address at what point the case may be transferred to ICW units, how workers outside of these units manage the work of identifying Indian children and contacting tribes, and of work within tribal or state courts.
Who do you contact within CA if you have questions about Indian Child Welfare and about compliance with ICWA?
Answers will vary based on the resources and chain of command in particular offices but generally go something like: ICW unit peer, ICW supervisor, ICW AA, Regional ICW Program consultant
What do you anticipate to be the challenges of meeting the requirements of ICWA? What are the challenges for doing culturally competent casework and planning for children who don’t meet the Indian child definition of ICWA but who have Native heritage?
Answers will vary. Focus on the fact that participants have help and support available to problem solve when issues present themselves.
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Session 1.7 Introduction to Indian Child Welfare Act
FamLink and other CA interfaces:
Show participants the ICW tab on the intranet (they should have already used this to complete their pre-learning) and review the information that can be located there.
Show key FamLink slides (Like the ICW tab in person management) including where you see evidence of the Inquiry having been sent before and the response, if any, from the tribe.
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