Transcript Strengthening Aging and Gerontology Education for Social

Indian Child Welfare Act
(ICWA)
University of Oklahoma
School of Social Work
Master’s Advanced Curriculum
Supported by:
Social Work Objectives
 Knowledge of the status of tribal children in
the child welfare system before the
institution of the Indian Child Welfare Act.
 Understanding of ICWA rules and
regulations.
 Connect the importance of the ICWA to
grandparent childrearing in Native American
communities.
Prior to 19781
 25 to 35% of all Native American children
were removed from their homes and placed
in foster or adoptive homes at one time in
their lives
 1971 17% Native American school age
children were removed from their homes to
attend boarding schools
 85% of the Native American children
removed were placed in non-Indian or
institutions
 Unfit versus physical abuse was the
justification for a majority of cases
Child Welfare League
Children's Voice Article, March 2002
Coming Home: The Lingering Effects of the Indian Adoption Project
“She began sobbing when she came
across the words, 'child of the Indian
race.' When her counselors asked her
why she was crying, she told them, 'It
says I'm Indian. I don't know what that
means‘.”
Sandy White-Hawk, Sincangu Lakota, adopted at
18 months from the Rosebud Reservation
Child Welfare League
Children's Voice Article, March 2002
Coming Home: The Lingering Effects of the Indian Adoption Project
 “Unfortunately, their answer to extreme poverty was
to tear our families apart," White Hawk says. "I
imagine they did save the lives of some kids. Maybe
some of those kids would have died because of
sickness. But we lost something that was at the very
center of our culture-family and extended family."
 April 2001, CWLA President and CEO Shay Bilchik
spoke to an audience of 700 child welfare
professionals from tribal and government
organizations at NICWA's annual conference in
Anchorage, Alaska. During his keynote address,
Bilchik acknowledged and offered "sincere and deep
regret" for CWLA's role in the Indian Adoption Project.
Purpose of the (ICWA)1
Public Law No. 95-608, 92 Stat. 3069 (November 8, 1978)
 Protect the best interest of Indian children
 Promote the stability and security of Indian
tribes and families:
 by establishing minimum federal standards for
removal of Indian children from their families
 Placement in foster/adoptive homes which will
reflect unique values of Indian culture
 Assist tribes in operation of child/family programs
Indian Child1
 Must be member or eligible for membership in
federally recognized tribe and be the biological
child of a member of the tribe
 If child domiciles/resides on reservation, the
Tribal Court has exclusive jurisdiction
 If Indian child is subject to foster care
placement or termination of parental rights in
state court:
• the state court shall transfer
•
•
jurisdiction to tribal court
absent objection from either
parent, upon petition by either
parent, Indian custodian, or
tribe
the state can find “good cause”
not to transfer
tribal court can decline to
accept jurisdiction
Impacts1
 State juvenile courts
 State social service agencies
 Private adoption agencies
Not Covered1
 Divorce Proceedings
 Intra-family Disputes
 Delinquency Proceedings
 Voluntary Placements
 Parent can regain custody on demand
 Educational/religious placements not covered under
ICWA
 Judicially Created Exceptions
 When not being removed from Native family or Native
cultural setting
Covered1
 Foster care placements (voluntary or involuntary) if
parents cannot regain custody on demand
 Any proceeding that results in termination of parentchild relationship
 Pre-adoptive placements
 Temporary placement in foster home/institution after
termination parental rights but prior to adoptive
placement
 Adoptive Placements
 State social service or private
Relevance to Elders Rearing
Grandchildren
 American Indian
Grandparents2
 High rates of
grandchild caregiving
 3x more likely
compared to U.S. All
Races
Recent study assessed
32 American Indian
Grand Families3
 20 had no legal
relationship
 9 had no knowledge of
ICWA
 ½ raising
grandchildren for 5
years or longer
 15 were aware of ICWA,
but didn’t believe it was
helpful
 1/3 living below
poverty line
 7 were aware and
thought it was helpful
 Only ¼ of the 1/3
were receiving public
assistance
 6 of the 7 had adopted
their grandchildren
 This indicates that once
elders are aware of
ICWA they utilize it.
Tribal Foster Care and Adoption Act of
2007 P.L. 110-3514
“Implementation of this law will transform child welfare services
for thousands of American Indian and Alaska Native children.
Tribes will be able to pay for foster and kinship care, recruit and
train caregivers, and most importantly, insure the safety, sense
of belonging, and well-being of their children.”
-Terry Cross, Executive Director, National Indian Child Welfare
BEFORE TFCCA
 Title IV-E of the Social Security Act is the largest source of federal
dollars for adoption assistance and foster care
 Although Tribal Nations were providing adoption assistance
and foster care, they could not directly access these funds
AFTER TFCCA
 Tribe can access funds directly making the programs more
tribally driven and efficient.
Social Work Implications in Work with
Elders Raising Grandchildren
 Assess each grandfamily and determine if legal
custody is desirable for the grandparent
 Access services and resources to provide stability to
the grandfamily in meeting basic human needs and
beyond
 Create community level programs to support (offer
respite) to grandparents
 Create awareness of ICWA within individual
families, tribal communities, and non-Indian child
welfare agencies
 Assist Tribal Nations in obtaining and administering
Title IV-A funds
Resources
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.
References
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/