icwa review 200 level 1. introduction can read the audio transcript for ... there are five...

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ICWA Review 200 Level

1. Introduction

1.1 California Common Core 3.0

Notes:


1.2 Welcome

Notes:

Audio Narration:

Welcome to the eLearning course, Indian Child Welfare Act (ICWA): Review. This course is part of the Common Core 3.0 200 Level content for California social workers.

1.3 Navigation


Notes:

Audio Narration:

Use the PREVIOUS and NEXT buttons to move through the course. You can also skip to individual screens by clicking the screen title in the Menu. You can read the audio transcript for each screen by clicking Transcript. You will find several useful handouts by clicking Resources. This course should take about one hour to complete.

1.4 Introduction

Notes:

Audio Narration:

In this eLearning course, we’ll review the basic information that you learned in the original 100 level ICWA eLearning and classroom ICWA course you took last year. This eLearning will also provide you with best practice tips to ensure ICWA compliance when working with an Indian child.


1.5 Learning Objectives

Notes:

Audio Narration:

Upon completion of this eLearning course, you will be able to:

Describe the historical basis and purpose of the Indian Child Welfare Act (ICWA);

Identify the five provisions for ICWA compliance including: Inquiry and Notice, Active Efforts, Placement, Concurrent Planning and Qualified Expert Witness;

Identify the role of tribes in child welfare;

Identify tribal customary adoption as a component of concurrent planning when working with an Indian child;

Define the phrases Indian child, Indian parent, Indian custodian and tribal sovereignty as they relate to ICWA;

Describe the social worker’s role as it relates to qualified expert witness in an ICWA case;

Apply the essential elements of ICWA to a case example; and

Apply critical thinking skills in evaluating case notes and court reports in an ICWA case.


1.6 ICWA Review

Notes:

Audio Narration:

Remember that ICWA is a remedial act. ICWA was passed to remedy past US assimilation policies that supported forced removal of Indian children from their families and tribes and placed them in non-Indian homes. These policies created historical traumas in families that result in unresolved grief and loss and lack of trust in government systems and services. These policies include removal and forced relocation of tribes to reservations, boarding schools, urban relocation and the Indian Adoption Era - when Indian children were removed at birth often without knowledge or consent of the mother, and placed in non-Indian homes.

As a remedy for these past atrocities, the US Congress passed the Indian Child Welfare Act in 1978. The purpose of the act is to protect the best interests of Indian children; promote stability and security of Indian tribes and families; and keep an Indian child connected to their family, culture and tribal identity.


2. Five Provisions of ICWA Compliance

2.1 Five Provisions of ICWA

Notes:


2.2 Five Provisions of ICWA that Fulfill the Intended Purpose

Notes:

Audio Narration:

There are five provisions of the Indian Child Welfare Act (ICWA) that fulfill the intended purpose of the law.

Click each provision to learn more.

Inquiry and Notice: Identify every Indian child in care and ensure proper notice to the child’s tribe.

Active Efforts: Active efforts start at the beginning of the case and are intended to keep a family together.

Proper Placement: Always look to extended family first when placing an Indian child.

Concurrent Planning: Remember tribal customary adoption is an option in ICWA.

Qualified Expert Witness: Contact the child’s tribe to assist in identifying a qualified expert witness.


Inquiry and Notice (Slide Layer)

Active Efforts (Slide Layer)


Proper Placement (Slide Layer)

Concurrent Planning (Slide Layer)


Qualified Expert Witness (Slide Layer)

2.3 Reflection Activity

(Essay, 0 points, 1 attempt permitted)


Feedback:

Thank you for your reflections.

Notes:

Thank You (Slide Layer)


2.4 Five Provisions of ICWA

Notes:

Audio Narration:

You may have answered:

They work to keep an Indian family together;

They make sure we identify Indian children and afford ICWA services; and

They ensure placement is culturally appropriate and keeps a child connected to their extended family.


3. The Role of Tribes in Child Welfare

3.1 Role of Tribes in Child Welfare

Notes:


3.2 The Role of Tribes in Child Welfare

Notes:

Audio Narration:

Tribes have a significant and valuable role in child welfare. Being American Indian/Alaska Native is a racial distinction and a political status due to the government-to-government relationship between the United States and Federally Recognized Tribes. When you have an Indian child in your care, it’s important to remember that tribes are sovereign entities and are parties in an ICWA case should they choose to intervene.

Tribes determine membership. Tribes can assist in supporting active efforts, certifying homes for placement or assist in this process and assist in identifying a qualified expert witness.

Work closely with the tribe’s ICWA social worker when you identify an Indian child in your care. If the child’s tribe is unable to assist with the case consult with other ICWA and American Indian resources in your area. Check with your supervisor if there are ICWA resources or protocols to assist in your case.


3.3 ICWA-030 Form

Notes:

Audio Narration:

The ICWA-030 serves a dual purpose: Determination of Tribal Membership or Eligibility and Notice of State Action. Again, double-check spelling of family names and birth dates. Leave no spaces blank. If the information is not available, write “not available.”

Click Resources to download a copy of the ICWA-030 form to view the full form.


3.4 Tribal Customary Adoption

Notes:

Audio Narration:

Tribal Customary Adoption, or TCA, has been adopted as a permanency plan for Indian children since 2010. Dependent Indian children who are unable to reunify with their parents may now, at the option of their tribe, be eligible for adoption by and through the laws, traditions and customs of the child’s tribe without requiring termination of the parental rights of the child’s biological parents.

TCA is initiated by the tribe, not the department. In a TCA, the tribe has 120 days to define the adoption order for the child. It is important to let the child’s family and tribe know and understand that TCA is available in California.


3.5 Phrases That Apply to ICWA

Notes:

Audio Narration:

There are several key phrases that apply to ICWA that social workers should know. These include: Indian child, Indian parent, Indian custodian and tribal sovereignty.

Click each phrase to learn more.

Indian child: An Indian child is any unmarried person who is less than 18 years of age and is also a member of an Indian tribe, or is eligible for membership and is the biological child of a member of an Indian tribe.

Indian parent: An Indian parent means a biological parent of an Indian child or an Indian person who has adopted the child under tribal law or custom or state law. This term excludes an unwed father “where paternity has not been acknowledged or established.”

Indian custodian: An Indian custodian means any Indian person who has legal custody of an Indian child by: tribal law; state law; or temporary transfer of physical care, custody and control by the parent.

Tribal sovereignty: Refers to tribes’ right to govern themselves, define their own membership, manage tribal property and regulate tribal business and domestic relations. Tribal sovereignty further recognizes the existence of the government-to-government relationship between such tribes and the federal government.


Indian child (Slide Layer)

Indian parent (Slide Layer)


Indian custodian (Slide Layer)

Tribal sovereignty (Slide Layer)


3.6 What is Your Role as it Relates to Qualified Expert Witness?

Notes:

Audio Narration:

What is your role as it relates to the Qualified Expert Witness in an ICWA case? Work with the child’s tribe to identify a qualified expert witness. Document clearly and objectively all of your efforts, but especially those related to inquiry, notice, active efforts and placement.


3.7 Practice Tips

Notes:

Audio Narration:

Here are some practice tips to assist you once you have a good cause to believe you have an Indian child in your care:

Remember to document all your efforts, especially related to inquiry and notice. In California, the majority of appeals are related to lack of inquiry or lack of notice. Make sure to ask every member of the family. If you are receiving an on-going case, be sure to check the previous case notes to determine if Indian ancestry was ever mentioned.

Use the Bureau of Indian Affairs (BIA) list of designated ICWA agents. There is a list available on the BIA’s website at www.bia.gov.

Be sure to complete the forms used to document Indian ancestry. Double-check spelling of family names and birth dates. Leave no spaces blank. If the information is not available write, “not available.” Do not ask a parent or family member to complete the forms.

Contact the tribe to see if they have a qualified expert witness.

Make sure to let the family and tribe know that tribal customary adoption is an option.

Inform the tribe that in California tribes have the option to certify a home for placement.

Finally, remember that active efforts begin immediately. If possible, work with your local tribal family services programs and tribal ICWA worker to support family reunification.


3.8 Knowledge Check

(Drag and Drop, 10 points, 2 attempts permitted)

Drag Item Drop Target

Indian child An unmarried person less than 18 years of age

who is a member of an Indian tribe or is

eligible for membership and is the biological

child of a member of an Indian tribe.

Indian parent A biological parent of an Indian child or an

Indian person who has adopted the child

under tribal law or state law.

Indian custodian Any Indian person who has legal custody of an

Indian child by: tribal law; state law; or

temporary transfer of physical care, custody

and control by the parent.

Tribal sovereignty Refers to tribes’ right to govern themselves,

define their own membership, manage tribal


property and regulate tribal business and

domestic relations.

Drag and drop properties

Return item to start point if dropped outside the correct drop target

Snap dropped items to drop target (Stack random)

Allow only one item in each drop target

Delay item drop states until interaction is submitted

Feedback when correct:

You matched each phrase to its definition.

Feedback when incorrect:

The correct response is shown here.


Incorrect (Slide Layer)

Correct (Slide Layer)


Try Again (Slide Layer)

3.9 Knowledge Check

(Multiple Response, 10 points, 1 attempt permitted)

Correct Choice

X Determine membership in tribe


X Can assist in supporting active efforts

X Can certify homes for placement or assist in this process

X Can assist in identifying a qualified expert witness


Almost. All of these are roles of tribes in child welfare.

Notes:




4. Case Example

4.1 Case Examples

Notes:

Audio Narration:


Now, please view the story of two brothers who were born on a reservation in California. Think about whether the five provisions of ICWA were followed and the impact of the decisions that were made for these siblings.

Click the images to view the videos.

Navigation Directions (Slide Layer)

4.2 Adam's Story - On the Rez


Notes:

Audio Narration:

<music> On the Rez - Adam Osuna

Adam:

Stepping on the reservation is like stepping on to another country. We do things different. I grew up in Rincon. And the San Isabel - switched off between my Mom and Dad. When I was about 6 or 7 or so I got taken away from my Mom. I don't really care to know why - whatever happened, happened. And the way I look at it now is I actually came out a better person than I would of if I had stayed on the Rez.

I was placed into a foster home with people I had never met before in my life. It was really up and down. Really up and down because, I mean, I was happy that you know, I was actually - I had a better chance to finish in school and actually go on to college, but at the same time it was kind of like you know, I mean I'm fighting a battle, an uphill battle where everybody just is looking for me to fail.

Well the numbers said that, you know, that most foster kids, especially Native American foster kids - they're not going to succeed, but I don't feel like I know anything about my culture because it was left up to the foster parents.

If a Native American child is placed into a white family they're not going to understand. Our heritage is based on the family aspect and if you rip that away you kind of, essentially, you're ripping away that child's family and you're tearing them apart.

For nineteen years of my life all I've had was my brother. He was taken away and placed in the same home, shared the same bed until he graduated from high school. We've gone through death with each other with our sister. We've gone through what I call a deportation from our land which is the reservation with each other. Essentially what America's been doing for, oh ever since America started, and that's trying to kill the Native American culture - we've gone through that.

My people have over a thousand years of oppression and that's still going on. I mean there is so much focus set on the inner cities of America but what about us, what about us. If we're here put on this little piece of land for a reason, then we're going to do it our way then. I guess it is hard for white society to understand that. They want it to be as a past mistake that their ancestors made but we're still living.


4.3 Was ICWA Successful for Adam and Erwin?

Notes:

Audio Narration:

Based on Adam and Erwins’ experience, was ICWA successful? What was the impact of the placement decision? What should have been done? Consider the five provisions of ICWA.

ICWA was not followed. Both Adam and Erwin were placed in a non-Indian home. Both boys were discouraged from maintaining or learning about their American Indian culture and heritage. Although Adam and Erwin aged out of the child welfare system from their non-Indian home, they both maintained their cultural identity.


4.4 Erwin's Story - On the Rez

Notes:

Audio Narration

<music> On the Rez - Erwin Osuna

Erwin:

Right here on the reservation our community is kind of small. Rincon, I think from cattle guard to cattle guard, is only 3 miles long. And pretty much our whole family lives here. So growing up was pretty much consisted of just playing hard in the dirt no shoes, no shirt, you know like any little kid. But, surrounded by cousins all the time and my brothers and sisters.

We lived with our mom mostly up until the age I was 9. And also with my Dad off and on. He came in and out of the picture. Around the time I was 2 ½ I got burned tragically. I poured a pan of hot grease on my arm. I had third degree burns on my chest and my arm. And, then I had a 50-50 chance of living and then after that my Mom and my Dad kind of had a rough time. They split up.

At school right around the time in like third grade where you plant lima beans if you remember that project in the little bag. It was right around that time this lady came in and she pulled me out and she had my brother too and they took us into the PE janitor room in Valley Center elementary. And they sat us in there and they basically just told us, yeah you guys are going to be taken away from your mother. You are going to be transported to a place called Polinksy. They were saying that my Mom was a drug addict and my Dad was an alcoholic and that's why he couldn't get us back.

Like our foster family showed us what a family was. Like having a foundation, you know what I mean, a mother, a father, you know, having dinner at the table. It felt like they did not want us to come around you because of their image and I want to say like their ignorance toward the


Rez. I never learned about, you know, Native American history and how close it is and how recent it was and how enslaved my people were and what not. So like growing up out there I always thought I needed to change America. I needed to help people around me and all that stuff.

And then, coming back home I found like there are all these same problems, but with people that are close to me. Like I still feel like there's lost time that could be made up and I feel like my brother who like that time is already gone, like done and past. You know what I mean. And he's ready to start the relationship as an adult and stuff. I think that's why I'm home. Like I'm still trying to grasp onto like the nine years I'm missing.

My brother lives, you know on the Rez and living off the Rez it's like that sentence right there explains it all. Me and him are in totally opposite places. You know what I mean. There's mainstream America and then there's the Rez. There is Adam and there is Erwin. Me and him we walked on the same road together for like our life and then now we're just at that fork in the road where he's going to go his way and I'm going to go my way. And we'll meet up again full circle.

5. Best Practices to Support ICWA Compliance

5.1 ICWA Compliance Best Practices

Notes:


5.2 Best Practices to Support ICWA Compliance

Notes:

Audio Narration:

Here are some best practices to remember to support ICWA compliance when working with an Indian child:

Consult with the tribe early and throughout the case.

Follow the spirit of ICWA if the child is a Native American child but the case is not an ICWA case OR if you are not sure it is an ICWA case.

Document everything clearly and objectively. ICWA forms must be completed, even if the answer is “information not available.” Document all of your efforts on the case, especially with regard to inquiry, notice, active efforts and placement.

Inform the child’s tribe and family that Tribal Customary Adoption is an option.

When in doubt, call county counsel.


5.3 ICWA Compliance at a Glance

Notes:

Audio Narration:

Here are some practice tips to assist you with ICWA compliance. These tips are aligned with the five provisions of the legislation: inquiry and notice; active efforts, proper placement, concurrent planning, and qualified expert witness.

Click each practice tip to learn more.

Inquiry and Notice: Check your county’s ICWA protocol to ensure you are complying with ICWA. It’s better to state rather than ask, “If you are American Indian or Alaska Native there may be additional services available to support you.” Continue to make inquiry throughout the life of the case and notice all tribes of which the child is a member or eligible to be a member. We cannot reduce disproportionality if we don’t identify each Indian child in our care.

Active Efforts: Begin active efforts immediately if you have reason to believe the child is an Indian child. Active efforts are meant to keep families together and believe in the process rather than become dependent. Active efforts are determined on a case-by-case basis.

Proper Placement: Always look to family and extended family first when placing an Indian child. Work with your county’s tribal ICWA worker to identify placement options.

Concurrent Planning: Concurrent planning is a standard part of child welfare practice. Remember to inform the tribe that tribal customary adoption is an option early in the case. Tribal customary adoption is done by the tribe and not the child welfare agency.

Qualified Expert Witness: Contact the child’s tribe to assist in finding a qualified expert witness.


Inquiry and Notice (Slide Layer)

Active Efforts (Slide Layer)


Proper Placement (Slide Layer)

Concurrent Planning (Slide Layer)


Qualified Expert Witness (Slide Layer)

5.4 Additional Tips for Social Workers

Notes:

Audio Narration:

Here are some additional tips to assist you when working with an Indian child. Adopt the BIA guidelines as the foundation for best practices in serving Indian children and families. As soon as possible, engage with tribal social workers, ICWA agents and advocates and develop


relationships that support appropriate decision-making to ensure ICWA compliance. Always be sure to document clearly and objectively all of your efforts, and especially those related to inquiry, notice, active efforts and placement.




Feedback:

Thank you for your reflections. You may have answered:

consult with the tribe early and throughout the case;

follow the spirit of ICWA if the child is an Indian child;

document everything clearly and objectively related to notice, inquiry, active efforts and

placement;

contact your county counsel and consult your county’s protocol;

adopt the BIA guidelines as the foundation to serve Indian children and families.

Notes:



6. Bias and ICWA

6.1 Bias and ICWA

Notes:


6.2 Bias and ICWA

Notes:

Audio Narration:

Remember that bias has long been a contributing factor to the unwarranted removal of Indian children from their homes. This is why it’s important to consider the prevailing cultural standards of the tribe when assessing for risk and safety as they relate to removal. It’s also important to consider these unique standards when you are identifying placement options. Make sure that your records and case notes are objective and unbiased. Practice mindfulness and be aware of your own biases.

Take a moment to reflect on the impact media and propaganda has played in your own awareness of American Indians and Alaska Natives.


6.3 Recalibrating

Notes:

Audio Narration:

Re-calibrating our own biases requires us to adjust our perceptions and beliefs differently than they were before.

Click the arrow to learn about some of the contributions of Native Americans to contemporary society. As you do, think about whether or not your perceptions and beliefs about American Indians have changed. Consider how this eLearning and the classroom training on ICWA has informed and educated you about the history of American Indians and Alaska Natives.

[1 of 18] American Indian Art.

[2 of 18] Artistic representations of activities of daily life. Here is something you may have seen if you traveled the southwest - an Indian weaver.

[3 of 18] Sculpture.

[4 of 18] Dance.

[5 of 18] Dance regalia.

[6 of 18] If you go to a pow wow you may have seen the hoop dance.

[7 of 18] Inventions like the kayak.

[8 of 18] The kayak was invented by the Inuit Peoples.

[9 of 18] The sport game of lacrosse is an ancient activity.

[10 of 18] Stone cairns that mark the rising Sun for special times of the year.

[11 of 18] Some of these stone cairns are best seen from above and associated with ancient


tribal teachings.

[12 of 18] This famous photograph includes a Native American.

[13 of 18] Ira Hayes.

[14 of 18] We recognize contributions from Central America, here is a wall mural from the Mayan temple of Bonampak and the head of Quetzalcoatl - the feathered serpent.

[15 of 18] We also recognize the contributions of art and architecture from the tribes of South America. Here is a piece of jewelry of a winged figure.

[16 of 18] The seeds from the fruit of a cocoa tree were processed by the Maya to make a chocolate drink that was served to Mayan nobility.

[17 of 18 ] Who was Hiawatha? Did you know that Hiawatha was the spokesperson for Deganawida, who was a prophet that promoted peace at a time of war among the tribes of the Northeastern United States? The law is known as the Great Law of Peace of the Six Nations Confederacy of the Iroquois League. Deganawida convinced the leaders of those who were engaged in war to bury their weapons under a great white pine. This is where we get the term “bury the hatchet.” The Constitution of the United States was modeled after it.

[18 of 18] Click Replay to read the book again. Click NEXT to close the book and continue through the course.

page 1 of 18 (Slide Layer)


Feedback:

Thank you for your reflections. By increasing our awareness of bias we can adjust our

perceptions. By doing this we will be able to collaborate more effectively with Native children,

families, tribes, and communities.

Notes:



7. Recalibrating Bias for Case Notes and Court Reports

7.1 Recalibrating Bias for Case Notes and Court Reports

Notes:


7.2 Recalibrating Bias for Case Notes and Court Reports

Notes:

Audio Narration:

Consider what you have learned about bias. Let’s apply that to enhance your critical thinking skills when it comes to writing and reviewing case notes and court reports. Social workers need to document their activities so the attorneys, judges and others involved in the case can assist in making informed decisions and how to support the needs of the children and families they serve. To do so, your documentation needs to be objective and not subjective.


7.3 Examples of Biases vs. Neutral Case Notes

Notes:

Audio Narration:

Objective language includes phrases such as: “I saw, “ or “I counted,” or “I observed.” Detailing what a person “did” is another clue that writing is objective rather than subjective. If something has actually happened and the writer or speaker is simply relaying that information, they are making simple statements of fact.

In subjective writing, words are often added to these phrases to make them more than just fact - and in doing so, they become inferences. By starting a sentence with, “She did not want to” you suppose the feelings of the person.

The same is true for “she thought,” “he feels,” or “they were trying to.” Each of those statements presents an opinion on the action as opposed to just stating the action itself. That turns it into a subjective observation because it is your opinion as to the deeper meaning of why something happened or was done.

If a person has relayed how they felt, remember that relaying this information as a statement they made will make it clear they are the source of that information and will help it to be more objective.


7.4 More Examples

Notes:

Audio Narration:

Here are a few more examples of objective versus subjective case notes.

7.5 Skill Practice Activity

(Multiple Choice, 10 points, 1 attempt permitted)


Correct Choice

The bathroom had not been cleaned recently.

The bathroom was messy.

X The bathroom trash bin was full.

The bathroom had lots of trash.


The most objective description is: The bathroom trash bin was full.


The most objective description is: The bathroom trash bin was full.




7.6 Skill Practice Activity

(Multiple Choice, 10 points, 1 attempt permitted)


Correct Choice

X It took an hour to reach the residence from the main office.

The road to the family home was not maintained well.

The family home is in a remote, difficult to reach location.

No one told me the family lived so far away.


The most objective description is: It took an hour to reach the residence from the main office.


The most objective description is: It took an hour to reach the residence from the main office.

Notes:


7.7 Review Your Case Notes

Notes:

Audio Narration:

It’s important to review your case notes and court reports to ensure they are objective and neutral. Make sure your notes are thorough and objective. Bias can affect any child welfare case, not just ICWA cases.


7.8 Reviewing Case Notes Activity Part 1 of 3

Notes:

Audio Narration:

Sometimes bias is conveyed in subtle ways and inferences. One may not be aware of their bias when writing formal reports.

For this activity, click the button to view the case notes document, Indian Child County Social Services Report. Review these case notes for signs of bias. Note any areas where you think bias may be conveyed.

Click NEXT when you are ready to move on in the activity.


scroll to view (Slide Layer)

7.9 Reviewing Case Notes Activity Part 2 of 3

Notes:

Audio Narration:

Did you identify any of these areas of potential bias? You will see highlighted areas of the case notes and comments that clarify areas where the reviewers feel that bias has been conveyed.

These case notes were reviewed by Joanne Willis Newton, a practicing attorney and lead trainer


for Tribal STAR. She established her own law practice in 2005, and specializes in federal Indian law and tribal law, with a particular emphasis on Indian child welfare and gaming regulation. She is also a panel attorney for Appellate Defenders, Inc. and the California Appellate Project Los Angeles. After serving as the first Chief Judge of the San Manuel Tribal Court, Ms. Willis Newton was appointed in 2010 as a Pro Tempore Judge of the Intertribal Court of Southern California and of the Superior Court of California for San Diego County.

Please take a few minutes to read through the comments. Click the button to view the document, Indian Child County Social Services Report with Comments.

scroll to view (Slide Layer)


7.10 Reviewing Case Notes Activity Part 3

Notes:

Audio Narration:

How could these sections have been written differently? Compare the original case notes with the re-written case notes.

original case notes (Slide Layer)


8. Summary and Posttest

8.1 Conclusion

Notes:

Audio Narration:

In this eLearning course, we reviewed the basic information that you learned in the original 100 level ICWA eLearning and classroom ICWA course you took last year. You also learned about best practices you can use to ensure ICWA compliance when working with an Indian child.


8.2 Posttest

Notes:

Audio Narration:

Now, it’s time to see what you learned in this course. Please complete the Posttest. You will need to score 80% or higher to receive credit for this course. Click NEXT when you are ready to begin the test.

8.3 Draw from Question Bank 1

Draw all questions randomly from Question Bank 1

8.4 Results

(Results Slide, 0 points, 1 attempt permitted)


Results for

8.3 Draw from Question Bank 1

Result slide properties

Passing Score 80%


Success (Slide Layer)

Failure (Slide Layer)


8.5 References

Notes:

Audio Narration:

Here are the references we used to develop this course. Please click Resources to download the References handout.

8.6 Congratulations


Notes:

Audio Narration:

Congratulations! You have completed the eLearning course, Indian Child Welfare Act (ICWA): Review. Click EXIT to exit the course.

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