Engaging Community Stakeholders
and Building Community Partnerships:
State-Tribal Partnerships
1
Introduction
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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.
2
The Context of the
Relationship Between
the Federal Government
and Indian Tribes
3
4
Key Acronyms in “Indian Country”
Native American Statistics - USA
e Basic Numbers
4.1 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
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Native American
Statistics – (State)
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Federally recognized tribes =
Total AI/AN population =
Total AI/AN population <19 =
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History’s Impact on Child Welfare
in American Indian Communities
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Key Laws Affecting Indian Tribes
y Laws related to Indian Tribes
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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
8
Federal Policies of the 1800s
American history and
federal policy have
impacted Indian tribes
since first contact.
9
Civilization Fund Act-1819
The act intended to “civilize” and
“Christianize” Indians through federal
and private means.
10
Removal Act, 1830
Enacted to move Indians
away from traditional
homelands to “Indian
Territory” west of the
Mississippi
11
Indian Boarding Schools
1860s – Present
Native children were removed from
home and sent to military style
boarding schools
12
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
13
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.
14
In 1953, Congress perceived inadequate
law enforcement in Indian country and
enacted Public Law 83-280 ("P.L. 280")
to address the problem.
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Public Law 83-280, 1953
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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.
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Public Law 280, cont.
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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.
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Federal Policies, 1950-60s
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Federal and private agency policies and
practices impact Native American children and
families-
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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
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Empowerment in the 1970s
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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
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In 1978 Congress passed Indian Child
Welfare Act
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Public Law 93-638
Indian 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.
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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.
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The five main principles of President Clinton’s policy required agencies to:
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(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
22
Tribal Sovereignty
Sovereig
nty
ICW
A
Tribal
Sovereignty
Indian Self
Determina
tion Act
Indian
Reorganiza
tion
Treaties
World
View
Reserva
tions
23
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.
24
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.
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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.
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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 preadoptive and adoptive placement.
27
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
government’s 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.
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Common Components in Tribal
Governments (note there are over 560 federally recognized
distinct tribes)
Tribal Members
Tribal Constitution
Tribal Council
Rotating Positions elected every 2-3 years
Tribal Law Enforcement
Tribal Resolutions
(Tribal Law)
Tribal Codes
Tribal Adminstrative Policy
Human Services
Economic Development
Tribal Administration
Tribal Court
Social Services
Natural Resource Development
(Timber, Fish, water, mining)
Tribal Enrollment
Tribal Police
Child Welfare
Tribal Businesses
Cultural Department
Tribal Jail
Mental Health
Tribal Gaming
Education
Alcohol and Drugs
Housing
Community Health
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The historic oppression of Native
Peoples has resulted in an historic
mistrust of state and federal
governmental agencies.
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Context for Tribal Engagement in
Child Welfare
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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
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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 compliance
The 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.
32
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 state’s 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
33
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The Indian Child Welfare Act
has provided the impetus to
improve tribal-state
relationships and develop
better understandings of
cultural differences.
34
Cultural Competence
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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.
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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
Mother
Father
Uncles
Aunts
Older
Sisters,
Cousins
Younger
Sisters,
Cousins
Children
Older
Brothers,
Cousins
Younger
Brothers,
Cousins
Friends/peers who
Walk the same path of learning
36
World View
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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.
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Current Tribal Child
Welfare Issues
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Indian Child Welfare Act
Compliance
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Recruitment and Retention of
Native American Foster Families
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Adoption and Customary Adoption
38
Disproportionality in Child Welfare
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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 3560% of the children in out-of-home
placements.
39
Building State – Tribal Partnerships
in the CFSR Process begins with
acknowledging the history
and finding common ground.
40
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
41
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
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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.
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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
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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
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States can engage tribal representatives in the onsite
review through the following activities:
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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
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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).
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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 State’s 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.
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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.
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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.
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Action Planning
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Next Steps
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