Indian Child Welfare ActIndian Child Welfare Act(ICWA) (ICWA)

University of Oklahoma

School of Social Work

Master’s Advanced Curriculum

Supported by:

Social Work Objectives Social Work Objectives

Knowledge of the status of tribal Knowledge of the status of tribal children in the child welfare system children in the child welfare system before the institution of the Indian before the institution of the Indian Child Welfare Act.Child Welfare Act.

Understanding of ICWA rules and Understanding of ICWA rules and regulations.regulations.

Connect the importance of the ICWA to Connect the importance of the ICWA to grandparent childrearing in Native grandparent childrearing in Native American communities. American communities.

Prior to 1978Prior to 197811

25 to 35% of all Native American 25 to 35% of all Native American children were removed from their children were removed from their homes and placed in foster or homes and placed in foster or adoptive homes at one time in their adoptive homes at one time in their liveslives

1971 17% Native American school age 1971 17% Native American school age children were removed from their children were removed from their homes to attend boarding schoolshomes to attend boarding schools

85% of the Native American children 85% of the Native American children removed were placed in non-Indian or removed were placed in non-Indian or institutionsinstitutions

Unfit versus physical abuse was the Unfit versus physical abuse was the justification for a majority of casesjustification for a majority of cases

Child Welfare League Child Welfare League Children's Voice Article, March 2002Coming Home: The Lingering Effects of the Indian Adoption Project

““She began sobbing when she came She began sobbing when she came across the words, 'child of the across the words, 'child of the

Indian race.' When her counselors Indian race.' When her counselors asked her why she was crying, she asked her why she was crying, she told them, 'It says I'm Indian. I told them, 'It says I'm Indian. I

don't know what that means‘.”don't know what that means‘.”

Sandy White-Hawk, Sincangu Lakota, adopted Sandy White-Hawk, Sincangu Lakota, adopted at 18 months from the Rosebud Reservationat 18 months from the Rosebud Reservation

Child Welfare League Child Welfare League Children's Voice Article, March 2002Coming Home: The Lingering Effects of the Indian Adoption Project

““Unfortunately, their answer to extreme poverty was Unfortunately, their answer to extreme poverty was to tear our families apart," White Hawk says. "I to tear our families apart," White Hawk says. "I imagine they did save the lives of some kids. Maybe imagine they did save the lives of some kids. Maybe some of those kids would have died because of some of those kids would have died because of sickness. But we lost something that was at the very sickness. But we lost something that was at the very center of our culture-family and extended family." center of our culture-family and extended family."

April 2001, CWLA President and CEO Shay Bilchik spoke April 2001, CWLA President and CEO Shay Bilchik spoke to an audience of 700 child welfare professionals to an audience of 700 child welfare professionals from tribal and government organizations at NICWA's from tribal and government organizations at NICWA's annual conference in Anchorage, Alaska. During his annual conference in Anchorage, Alaska. During his keynote address, Bilchik acknowledged and offered keynote address, Bilchik acknowledged and offered "sincere and deep regret" for CWLA's role in the "sincere and deep regret" for CWLA's role in the Indian Adoption Project. Indian Adoption Project.

Purpose of the (ICWA)Purpose of the (ICWA)1 1

Public Law No. 95-608, 92 Stat. 3069 (November 8, 1978)

Protect the best interest of Indian Protect the best interest of Indian childrenchildren

Promote the stability and security of Promote the stability and security of Indian tribes and families:Indian tribes and families:

by establishing minimum federal standards by establishing minimum federal standards for removal of Indian children from their for removal of Indian children from their families families

Placement in foster/adoptive homes which Placement in foster/adoptive homes which will reflect unique values of Indian will reflect unique values of Indian cultureculture

Assist tribes in operation of Assist tribes in operation of child/family programschild/family programs

Indian ChildIndian Child11

Must be member or eligible for Must be member or eligible for membership in federally recognized tribe membership in federally recognized tribe and be the biological child of a member and be the biological child of a member of the tribeof the tribe

If child domiciles/resides on If child domiciles/resides on reservation, the Tribal Court has reservation, the Tribal Court has exclusive jurisdictionexclusive jurisdiction

If Indian child is subject to foster If Indian child is subject to foster care placement or termination of care placement or termination of parental rights in state court:parental rights in state court:• the state court shall the state court shall

transfer jurisdiction to transfer jurisdiction to tribal court absent tribal court absent objection from either objection from either parent, upon petition by parent, upon petition by either parent, Indian either parent, Indian custodian, or tribecustodian, or tribe

• the state can find “good the state can find “good cause” not to transfercause” not to transfer

• tribal court can decline tribal court can decline to accept jurisdictionto accept jurisdiction

ImpactsImpacts11

State juvenile courtsState juvenile courts

State social service agenciesState social service agencies

Private adoption agencies Private adoption agencies

Not CoveredNot Covered11

Divorce ProceedingsDivorce Proceedings

Intra-family DisputesIntra-family Disputes

Delinquency ProceedingsDelinquency Proceedings

Voluntary Placements Voluntary Placements Parent can regain custody on demandParent can regain custody on demand

Educational/religious placements not covered Educational/religious placements not covered under ICWAunder ICWA

Judicially Created Exceptions Judicially Created Exceptions When not being removed from Native family or When not being removed from Native family or

Native cultural settingNative cultural setting

CoveredCovered11

Foster care placements (voluntary or Foster care placements (voluntary or involuntary) if parents cannot regain custody involuntary) if parents cannot regain custody on demandon demand

Any proceeding that results in termination of Any proceeding that results in termination of parent-child relationshipparent-child relationship

Pre-adoptive placements Pre-adoptive placements Temporary placement in foster home/institution Temporary placement in foster home/institution

after termination parental rights but prior to after termination parental rights but prior to adoptive placementadoptive placement

Adoptive Placements Adoptive Placements State social service or private State social service or private

Relevance to Elders Rearing Relevance to Elders Rearing GrandchildrenGrandchildren

American Indian American Indian GrandparentsGrandparents22

High rates of High rates of grandchild grandchild caregiving caregiving

3x more likely 3x more likely compared to U.S. All compared to U.S. All RacesRaces

½ raising ½ raising grandchildren for 5 grandchildren for 5 years or longeryears or longer

1/3 living below 1/3 living below poverty linepoverty line Only ¼ of the 1/3 Only ¼ of the 1/3 were receiving were receiving public assistancepublic assistance

Recent study assessed 32 Recent study assessed 32 American Indian Grand American Indian Grand FamiliesFamilies33

20 had no legal 20 had no legal relationshiprelationship

9 had no knowledge of 9 had no knowledge of ICWAICWA

15 were aware of ICWA, 15 were aware of ICWA, but didn’t believe it but didn’t believe it was helpfulwas helpful

7 were aware and thought 7 were aware and thought it was helpfulit was helpful 6 of the 7 had adopted 6 of the 7 had adopted their grandchildrentheir grandchildren

This indicates that once This indicates that once elders are aware of ICWA elders are aware of ICWA they utilize it.they utilize it.

Tribal Foster Care and Adoption Tribal Foster Care and Adoption Act of 2007 P.L. 110-351Act of 2007 P.L. 110-35144

BEFORE TFCCABEFORE TFCCA Title IV-E of the Social Security Act is Title IV-E of the Social Security Act is the largest source of federal dollars for the largest source of federal dollars for adoption assistance and foster careadoption assistance and foster care

Although Tribal Nations were providing adoption assistance and foster care, they Although Tribal Nations were providing adoption assistance and foster care, they could not directly access these fundscould not directly access these funds

AFTER TFCCAAFTER TFCCA Tribe can access funds directly making the programs more tribally driven and Tribe can access funds directly making the programs more tribally driven and efficient. efficient.

““Implementation of this law will transform child welfare services Implementation of this law will transform child welfare services

for thousands of American Indian and Alaska Native children. for thousands of American Indian and Alaska Native children.

Tribes will be able to pay for foster and kinship care, recruit Tribes will be able to pay for foster and kinship care, recruit

and train caregivers, and most importantly, insure the safety, and train caregivers, and most importantly, insure the safety,

sense of belonging, and well-being of their children.” sense of belonging, and well-being of their children.”

-Terry Cross, Executive Director, National Indian Child Welfare

Social Work Implications in Social Work Implications in Work with Elders Raising Work with Elders Raising GrandchildrenGrandchildren

Assess each grandfamily and determine if Assess each grandfamily and determine if legal custody is desirable for the legal custody is desirable for the grandparentgrandparent

Access services and resources to provide Access services and resources to provide stability to the grandfamily in meeting basic stability to the grandfamily in meeting basic human needs and beyondhuman needs and beyond

Create community level programs to support Create community level programs to support (offer respite) to grandparents(offer respite) to grandparents

Create awareness of ICWA within individual Create awareness of ICWA within individual families, tribal communities, and non-Indian families, tribal communities, and non-Indian child welfare agencieschild welfare agencies

Assist Tribal Nations in obtaining and Assist Tribal Nations in obtaining and administering Title IV-A fundsadministering Title IV-A funds

ResourcesResources

National Indian Child Welfare League National Indian Child Welfare League http://www.nicwa.org/

““The National Indian Child Welfare Association (NICWA) is a national voice for American Indian children and families. We are the most comprehensive source of information on American Indian child welfare and the only national American Indian organization focused specifically on the tribal capacity to prevent child abuse and neglect.”

NICWA provides has a page specific to ICWA with frequently asked questions and other relevant documents.

ReferencesReferences

1) Jones, B.J. (1995). The Indian child welfare act handbook: A legal guide to the custody and adoption of Native American children. Chicago, IL: American Bar Association.

2) Fuller-Thomson, E., & Minkler, M. (2005). American Indian/Alaskan Native grandparents: Findings from the Census 2000 Supplemental Survey. Social Work, 50 (2) 131-139.

3) Cross, S.L., Day, A.G., & Byers, L.G. (submitted 2008). American Indian grand families: A qualitative study conducted with twenty-nine ngookmis (grandmothers) and two nmishoomis (grandfathers) who provide sole care for their grandchildren.

4) Simmon, D. (2008) The president signs into law historic child welfare legislation with new tribal funding for foster care, guardianship, adoption, and independent living services. Portland, OR: NICWA. Retrieved 11/15/2008 from http://www.nicwa.org/legislation/ActionAlert/