Child Welfare

NICWA Webinar on Updated BIA Guidelines

Kate Fort

This Friday at 10am PDT (1pm EDT). Register here. No cost.

A major development in tribal child welfare policy was announced on February 25, 2015. The Bureau of Indian Affairs announced that it had revised–effective immediately–the Guidelines for State Courts and Agencies in Indian Child Custody Proceedings for the first time since 1979. NICWA is hosting a free webinar on Friday, March 13, 2015, at 10 a.m. PDT to explain the revisions.

We encourage ICWA advocates, tribal and state child welfare workers, tribal and state attorneys, parents’ attorneys and judges to take the time to read the full updated guidelines. We also encourage discussion of these important changes to regularly scheduled meeting agendas, to hold new meetings and trainings to discuss these guidelines’ effects on their practice, and to disseminate these guidelines widely.

 

Job Opening at DOJ OJP–Senior Native American Policy Analyst

Kate Fort

Posting here.

AGENCY MARKETING STATEMENT:

  • Are you interested in working for a cutting edge agency with a mission to improve public safety, and the fair administration of juvenile justice? If so, the Department of Justice (DOJ) Office of Justice Programs, (OJP), is seeking a high performing individual to serve as a Tribal Senior Policy Advisor providing advice and guidance to resolve, implement, or manage program or policy issues that involve tribal youth programs.

 

NOTES:

  • This position is located in the Department of Justice (DOJ), Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention (OJJDP). OJJDP is focused on juveniles in crisis from serious, violent, and chronic offenders to victims of abuse and neglect. Charged by Congress to meet this challenge, OJJDP collaborates with professionals from diverse disciplines to improve juvenile justice policies and practices. OJJDP accomplishes its mission by supporting states, local communities, and tribal jurisdictions in their efforts to develop and implement effective programs for juveniles. The Office strives to strengthen the juvenile justice system’s efforts to protect public safety, hold offenders accountable, and provide services that address the needs of youth and their families. The incumbent provides advice and guidance to resolve, implement, or manage program or policy issues that involve major areas of complexity in approach or methodology; prepares short- and long-range planning guidance in accordance with broad program policies and objectives; prepares guidance based on analyses of interrelated issues of effectiveness, efficiency, and productivity of substantive mission-oriented programs in one or more of the OJJDP specific policy areas that have a direct impact on the lives of American Indian and Alaska Native youth (e.g. adapting a developmental approach to juvenile justice reform nationwide; responding to the key recommendations from the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence; family/youth engagement; child protection; juvenile justice system improvement; and delinquency prevention).

 

DUTIES:

  • Plans, develops, and implements program/project development activities that affect broad mission areas related to Tribal Juvenile Justice. Participates in the design and development of new Tribal Juvenile Justice programs/projects, including preparation of scopes of work for design studies; selection of study contractors; and review and approval of completed design studies. Coordinates and collaborates with senior level management/programmatic staff of other OJP and DOJ offices on all comprehensive community-based and system development programs, with a particular emphasis on American Indian and Alaska Native youth.
  • Provides expert guidance in the resolution of complex problems or issues impacting DOJ American Indian and Alaska Native programs, such as crosscutting OJJDP issues involving other DOJ components or federal agencies. Participates in the analysis of OJP-wide projects and programs. Coordinates with DOJ’s Office of Tribal Justice.
  • Serves as an authoritative expert in analyzing legislation and developing standards, regulations, or policies that impact DOJ and OJP-wide programs involving American Indian and Alaska Native youth. Coordinates or synthesizes a cross section of criminal and juvenile justice issues with policy considerations that reflect a balance, and that meet the mission and needs of OJP/OJJDP programs.
  • Plans and develops strategies for maximizing the potential of outreach project opportunities, enhancing OJJDP’s visibility and interactions with its primary constituencies, including Congress and juvenile justice and tribal interest groups. Maximizes OJJDP’s outreach with other constituencies, including the corporate/profit sector, related non-profit organizations, other federal government agencies, local and state governments, and interested local community groups. Conceives and recommends entrepreneurial and innovative projects and activities or recommends the means of broadening and strengthening existing projects and activities that find a common ground with a widening range of stakeholders and build support for OJJDP with the general public. Makes clear and convincing oral presentations to individuals and groups, explaining facts and ideas which actively promote and advance OJJDP’s programs. Serves as a spokesperson by cultivating and maintaining effective relationships with organizations involved in tribal youth, juvenile justice and child protection issues and programs.

Commission to Eliminate Child Abuse and Neglect Fatalities Public Meeting

Kate Fort

Here.

Arizona Public Meeting

March 25 – 26

Meeting Times:

  • Wednesday, March 25: 8:00 a.m.–4:00 p.m. MST
  • Thursday, March 26: 8:00 a.m.-12:30 p.m. MST

**Please note that Arizona does not observe Daylight Saving Time.**

Meeting Agenda: CECANF was established to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect. The purpose of the March 25-26 meeting is for Commission members to explore key issues related to addressing and preventing child abuse and neglect fatalities in Indian Country. It will include presentations and discussions related to issues of jurisdiction, data collection and data sharing, and the quality and quantity of services. Speakers will include Tribal leaders, Federal agency representatives, and practitioners. Commission members will then continue discussing the work plans of the Commission subcommittees, the information that they have obtained to date, and emerging high-level recommendations.

Attendance: Individuals interested in attending the meeting in person or via webinar and teleconference must register in advance (see link below). The meeting site is accessible to individuals with disabilities. Members of the public will not have the opportunity to ask questions or otherwise participate in the meeting, either on the phone or in person. Comments or testimony can be submitted online.

Article on NCJFCJ Summit on Military and the Courts

Kate Fort

Here.

Though not mentioned in the article, Kate Fort and Peter Vicaire (VA, MSU ILPC alum) provided a 25 minute presentation on Native veterans, servicemembers, and ICWA at this event.

The Guardian Article on ICWA

Kate Fort

Fairly long read here.

Hanna is representing two South Dakota tribes in a class action lawsuit filed against state officials for systematically violating the act. Last week, the Bureau of Indian Affairs issues updated ICWA guidelines for state courts for the first time since 1979, specifically citing the lawsuit.

In December, US attorney general Eric Holder announced a new initiative to “actively identify state-court cases where the US can file briefs opposing the unnecessary and illegal removal of Indian children from their families and their tribal communities.” Holder promised to strengthen the act by ensuring compliance with the federal law with the caveat that “barriers erected over centuries of discrimination will not be surmounted overnight.”

Many native families and advocates say the commitment is long overdue. After decades of assimilation-oriented policies, ICWA was passed in 1978. By then, one in four Native American children were removed from their families and placed in boarding schools, adoption or foster care placements.

Despite the law’s intentions, the removal rate of all American Indian children increased to 35% over the following decade, 85% of whom were placed in non-Indian homes. Thirty-five years later, these children remain staggeringly overrepresented in state foster care placements across the country.

Thanks to MM for the heads up.

Michigan COA Opinion On ICWA, MIFPA and Adoptive Couple

Video Kate Fort

Here.

Big case out of Michigan’s Court of Appeals on an adoption with a very complicated fact pattern. The case was argued by MSU Law/ILPC alum Karrie Wichtman. The case held that MIFPA’s placement preferences in an adoption hold, even while ICWA’s failed under Adoptive Couple. It should also be noted that this was the analysis Jack Trope & Addie Smith followed in their article on Adoptive Couple and state ICWA laws.

MIFPA differs from ICWA in that it does not give a preference to eligible parties over ineligible parties. Rather, MIFPA requires that, absent good cause, the adoptive placement must be either with a member of the child’s extended family, a member of the Indian child’s tribe, or an Indian family, in that “order of preference.” MCL 712B.23(2). The record demonstrates that the Arbutantes have no familial connection to KMN; they are not connected to the Tribe, and they are not an Indian family. Therefore, absent a good cause finding, MIFPA precluded the trial court from placing KMN with the Arbutantes.

 

Unfortunately, the COA did not reinstate the abuse and neglect petition that started the case in the first place, leaving the child in legal limbo.

The UPDATED BIA ICWA Guidelines

Kate Fort2 Comments

Updated Guidelines!

From the website here. Press release here.

The new Guidelines, not updated since 1979, look really good. For example, there are fifteen examples of active efforts, which are explicitly separated out from ASFA findings. There is some clear language around determining putative fathers. They clarified 1922’s emergency removal provisions. They took out the “advanced stage of the proceedings” exception for transfer to tribal court. And quoting now,

There is no exception to the application of ICWA based on the so-called “existing Indian family doctrine.”

Thank you to everyone for all of the work on this. This is huge.

Also, thanks to C.N. for the heads up.

Additional Call-in For Tribes on AFCARS Proposed Rules

Kate Fort

If you missed Friday’s call, here is another opportunity to call in. In addition, the government is taking written comments on the rule changes through April 10. This is a chance to get the federal government to add ICWA-related reporting requirements to AFCARS, which applies to states and some tribes. By adding ICWA reporting requirements, the federal government has the opportunity to force states to better track ICWA compliance.

Colleagues:

 As we announced earlier this week, the Children’s Bureau will hold national informational calls with stakeholders, states and tribal representatives on the Notice of Proposed Rule Making (NPRM) on the Adoption and Foster Care Analysis and Reporting System (AFCARS) that was published in the Federal Register on Monday, February 9, 2015.

The first call with states and stakeholders was held on Wednesday, February 18th.  The second call for states and stakeholders will take place on Friday, February 20, 2015 from 1:00-2:00 p.m. Eastern. 

We are pleased to announce that we have added a second informational call for tribal representatives.  The two informational calls with tribal representatives will take place on Friday, February 20, 2015 from 3:00-4:00 p.m. Eastern and Wednesday, March 4, 2015 from 3:00-4:00 p.m. Eastern. 

 Attached is the presentation that we use during the calls.  This presentation is the same for all calls and will be available on the Children’s Bureau website shortly.  The agendas with updated call-in information are attached.  The content of the agendas has not changed.

This is a reminder that these calls provide an overview of the NPRM for informational purposes only.  We will not take questions during any of the calls.  If you wish to comment on the NPRM, please submit comments to www.regulations.gov on or before April 10, 2015.  The text of the NPRM can be found here: http://www.gpo.gov/fdsys/pkg/FR-2015-02-09/pdf/2015-02354.pdf

 Please forward this information to interested parties.

 

ICWA Notice Case Out of New Jersey

Kate Fort

Here.

To minimize the delay in securing permanency and stability for Ann, the trial court shall ensure that the notices are sent forthwith. The judgment terminating parental rights shall be deemed affirmed if after being served with the requisite notices under the ICWA: (1) no tribe responds to the notices within the time provided under the ICWA; (2) no tribe determines within the time allotted under the ICWA that Ann is an Indian child as defined by the ICWA; or (3) the court determines, after the tribes have been given an opportunity to intervene, that the ICWA does not to apply to this matter. If Ann is determined to be an Indian child under the ICWA, the judgment terminating parental rights shall be vacated and the trial court shall hold further proceedings consistent with the ICWA. All proceedings shall be conducted as expeditiously as practicable in accordance with the overarching goal of attaining permanency for Ann.

Video from Sec. Jewell on Native Youth Listening Tour

Kate Fort1 Comment