Court Improvement for Child Welfare: Opportunities, Innovation, & Strategies

National Council of Juvenile and Family Court Judges (NCJFCJ)

The

VISION

is for a society in which

every

family and child has access to fair, equal and timely justice.

The

MISSION

is to provide

all

judges, courts and related agencies involved with juvenile, family and domestic violence cases with the knowledge and skills to improve the lives of the families and children who seek justice.

Casey Indian Child Welfare Programs

 Child welfare services, with an emphasis on cultural relevance and community ownership  Resource development to help create sustainable funding for tribal child welfare systems  Infrastructure tools and systems, such as human resources, administration, and fiscal management

A Different Approach…

“We acknowledge the enduring impact of the past on all of your lives, and we are committed to taking a new path, one of respect and humility… For we know that unless we can work together to protect and nurture all of America's children, we as a country will never be fully successful.” Shay Bilchik

Promoting a Paradigm Shift

“Some state court systems are beginning to recognize that tribal courts can and should be important partners in the administration of justice in this country... tribal courts are being recognized for their often innovative and effective operations.”

-

Chief Judge Theresa Pouley

Resolution in Support of Tribal Courts

WHEREAS

, the National Council of Juvenile and Family Court Judges acknowledges that the tribal courts have historically not been regarded as equal in status with the state courts and that, as a result, the tribal courts and the children and families served by the tribal courts have been denied many of the resources available to the state courts; and

WHEREAS

, the National Council, in serving children and families, recognizes that tribal and state courts are equal and parallel justice systems; and

Best Practices Across the Nation

 Multi-Tribal and State/County Court Collaboration  Ongoing and meaningful discussion/work groups  Vision for 100% ICWA State Court Compliance  ICWA adopted into state law in its entirety  Developing strong working relationships and strategizing for better outcomes for children

INDIGENOUS PERMANENCY Judge Anita Fineday Managing Director

AS TRIBAL PEOPLE WE HAVE OUR OWN UNIQUE CULTURE AND CONTEXT FOR TAKING CARE OF THEIR CHILDREN THAT WAS SUCCESSFUL FOR CENTURIES BEFORE CONTACT

Tribal Court Proceedings Based Upon Lessons from Elders

 We do not believe in terminating parental rights-it is not our way.

 It has always been our way to take in children.

 We do not wear black robes as tribal court judges: You do not want to look like the people whom took everything away from us.

Suspension of Parental Rights

 Just one example of codifying tradition.

 Each tribe will be different in the way these issues are addressed.

BEST INTERESTS OF THE TRIBE

 The ability of the tribe and its members to provide for the continuation of the tribe’s culture, language, history, religion, traditions and values through its children if those children are taken away and not taught these things throughout their daily lives.

BEST INTERESTS OF THE TRIBE

 The ability of the Tribe to continue as a viable cultural entity throughout their daily lives.  The ability of the Tribe to continue as a viable cultural entity will be hindered by the loss of its children.  Every child is a gift from the creator and is viewed by the Tribe as crucial to the future of the tribe as a whole.

Customary Adoptions

 More than 300 customary adoptions completed in White Earth Tribal Court  Customary adoptions now recognized by state statutes in CA and WA.

 Momentum is building towards wide acceptance of customary adoption as a preferred permanency placement for wide population.

Gila River Indian Community Children’s Court

Judge Kami Hart Model Court Lead Judge

A Model of Creative Problem-Solving

 Support from Leadership by Resolution  Convening a collaborative group  Developing Priorities

Goals to Improve Child Welfare

First year  Create a CASA Program   Research Family Group Decision Making Implement best practices in child welfare-removal Second Year   Expansion continued creation of CASA Program Research Family Drug Court  Implement best practices in child welfare permanency

Accomplishments

 Cross site visits  Created CASA Program  Starting a Family Drug Court pilot program, granted a FDC grant  Established relationships

Federal/State/Tribal Forum

 Created ICWA subcommittee  Established goals – Statewide ICWA Conference – Created a workgroup to develop ICWA Resource Guidelines – Created a workgroup to develop collaborative efforts/relationships between the tribes and state

Innovation & Opportunity

Gina Jackson Model Court Liaison

Alabama-Coushatta Tribe of Texas Model Court

Mississippi Band of Choctaw Indians Model Court

Yurok Tribal Model Court

NCJFCJ Model Courts

► Alabama-Coushatta Tribe of TX ►Austin, Texas ►Baltimore, Maryland ►Charles County, Maryland ►Chicago, Illinois ►Dallas, Georgia ►Des Moines, Iowa ►Gila River Indian Community ►Hattiesburg, Mississippi ►Honolulu, Hawaii ►Howell, Michigan ►Kentucky Statewide ►Lake Charles, Louisiana ►Las Vegas, Nevada ► Los Angeles, California ►MS Band of Choctaw ►Nashville, Tennessee ►Newark, New Jersey ►New Orleans, Louisiana ►New York City, NY (statewide) ►Omaha, Nebraska ►Portland, Oregon ►Prince George County, Maryland ►San Jose California ►Seattle, Washington ►Yurok Tribe, California *Senior Model Courts: Cincinnati, Charlotte, Indianapolis, Reno, San Jose, Salt Lake City, Utah; and Tucson, and Washington DC.

Court Improvement Program (CIP)

“Meaningful and ongoing collaboration with child welfare and where applicable, tribes.” Confederated Tribes of Salish and Kootenai, Pokagan Band of Potawatomi, Navajo Nation, White Earth, Washoe Tribe, Nooksack, & Pascua Yaqui

Training and TA Network

 National Resource Center on Legal and Judicial Issues (National Council of Juvenile and Family Court Judges, National Center for State Courts, American Bar Association)  NRC4Tribes

Some reflections

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Creative problem-solving It’s all about relationships Systems don’t collaborate, people do

“It’s about our children and our cultures. If we listen to our young people they will lift us out of darkness.” -Judge Deloresa Cadiente Former Chief Justice of CCTHITA

Thank you!

Gina Jackson

National Council of Juvenile and Family Court Judges (775) 784-7040 [email protected]