Tribal Access to Name Based Background Checks for Emergency Placements

Tribal Access to Name Based Background Checks for Emergency Placements

For some time tribes have raised the issue of tribal child welfare agencies not having access to name-based background checks for emergency child placements.

The Bureau of Indian Affairs (BIA) Office of Justice Services is now authorized to do name-based background checks for tribal emergency placements for tribes with social services agencies.  The program is called, “BIA-OJS Purpose Code X Program.”  Children’s Bureau is working with BIA and the Department of Justice to inform tribes about the change and roll out of the process.  Two informational phone calls will be held to disseminate information about the name-based background checks and the process.  These calls will include partners with the Department of Justice and the Bureau of Indian Affairs who will be on hand to answer questions.

Two Opportunities to participate in an Informational Call-In about BIA-OJS Purpose Code X Program with Department of Justice, Bureau of Indian Affairs – Office of Tribal Justice, and Children’s Bureau:

Wednesday August 26, 2015

First Call:  3:00pm to 4:00pm (Eastern time) Noon to 1:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071565
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:  1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

Second Call: 4:00pm to 5:00pm (Eastern time) 1:00pm to 2:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071577
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:   1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

The U.S. Department of Justice announced on Wednesday, August 19, 2015 the Tribal Access Program for National Crime Information, or TAP, will allow federally recognized tribes to enter criminal records into and pull information out of national databases overseen by the Criminal Justice Information Services Division of the Federal Bureau of Investigation.

The U.S. Department of Justice (DOJ) has established the Tribal Access Program for National Crime Information (TAP) to provide tribes access to national crime information databases for both civil and criminal purposes. TAP will allow tribes to more effectively serve and protect their nation’s citizens by ensuring the exchange of critical data.  The new TAP program will support and train tribes as they connect with the system. Once established, they’ll be able to use the databases in the same way as outside law enforcement.

Also on Wednesday, August 19, Assistant Secretary – Indian Affairs Kevin K. Washburn announced a new Bureau of Indian Affairs’ Office of Justice Services (BIA-OJS) program to assist federally recognized tribal social services agencies seeking to place children in safe homes. “The BIA-OJS Purpose Code X Program will provide tribal social service agencies with the information they need to protect the children they place into care in emergency situations when parents are unable to provide for their welfare,” Washburn said. “This program provides BIA law enforcement personnel with the ability to provide our social service agency partners with much-needed information to help to make sure children requiring emergency placements will be placed in safe homes.” The BIA-OJS Purpose Code X Program arose out of a 2014 working group formed by the Departments of Justice (DOJ) and the Interior (DOI) that also developed the Tribal Access Program for National Crime Information (TAP).

BIA-OJS dispatch centers will be available to provide 24-hour access to criminal history records, so name-based checks can be done immediately. Protocols for operating under the new program are being developed by BIA-OJS and will be tested by a select number of tribes prior to a nationwide implementation of the program.

http://www.justice.gov/tribal/tribal-access-program-tap

Previous coverage here and here.

Department of Justice Announces Program to Enhance Tribal Access to National Crime Information Databases

DEPARTMENT OF JUSTICE ANNOUNCES PROGRAM TO ENHANCE TRIBAL ACCESS TO NATIONAL CRIME INFORMATION DATABASES

 Department of Justice Tribal Access Program (TAP) Will Improve the Exchange of Critical Data 

Department of the Interior Companion Program to Provide Name-Based Emergency Background Checks for Child Placement

WASHINGTON – The Department of Justice is launching an initial phase of the Tribal Access Program for National Crime Information (TAP) to provide federally-recognized tribes access to national crime information databases for both civil and criminal purposes.  TAP will allow tribes to more effectively serve and protect their communities by ensuring the exchange of critical data.

This initial phase of TAP was announced today in a meeting with tribes held during the 2015 Department of Justice/FBI Criminal Justice Information Services (CJIS) Division Tribal Conference in Tulsa, Oklahoma.

“Federal criminal databases hold critical information that can solve crimes, and keep police officers and communities safe,” said Deputy Attorney General Sally Quillian Yates.  “The Tribal Access Program is a step forward to providing tribes the access they need to protect their communities, keep guns from falling into the wrong hands, assist victims and prevent domestic and sexual violence.  Empowering tribal law enforcement with information strengthens public safety and is a key element in our ongoing strategy to build safe and healthy communities in Indian country. ”

“The FBI is pleased to participate in this initiative,” said Executive Assistant Director Amy Hess of the FBI’s Science and Technology Branch.  “This will be a positive step for the tribal agencies to receive valuable criminal information and also for those same tribal agencies to submit criminal information at the national level.  Through this partnership, information becomes richer and communities can become safer.”

TAP will support tribes in analyzing their needs for national crime information and help provide appropriate solutions, including a-state-of-the-art biometric/biographic computer workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and civil purposes through the Department of Justice.  TAP will also provide specialized training and assistance for participating tribes.

While in the Tribal Law and Order Act of 2010 Congress required the Attorney General to ensure that tribal officials that meet applicable requirements be permitted access to national crime information databases, the ability of tribes to fully participate in national criminal justice information sharing via state networks has been dependent upon various regulations, statutes and policies of the states in which a tribe’s land is located.  Therefore, improving access for tribal law enforcement to federal criminal information databases has been a departmental focus for several years.  In 2010, the department instituted two pilot projects, one biometric and one biographic, to improve informational access for tribes.  The biographic pilot continues to serve more than 20 tribal law enforcement agencies.

Departments of Justice and Interior Working Group

In 2014, the Departments of Justice and the Interior (DOI) formed a working group to assess the impact of the pilots and identify long-term sustainable solutions that address both criminal and civil needs of tribes.  The outcome of this collaboration was the TAP, as well as an additional program announced today by the DOI’s Bureau of Indian Affairs (BIA) that provides tribes with national crime information prior to making child placement decisions in emergency circumstances.  Under the BIA program, social service agencies of federally recognized tribes will be able to view criminal history information  accessed through BIA’s Office of Justice Services who will conduct name-based checks in situations where parents are unable to care for their children.

“Giving tribal government programs access to national crime databases through DOJ’s Tribal Access Program for National Crime Information is a tremendous step forward towards increasing public safety in Indian Country,” said Assistant Secretary Kevin K. Washburn for Indian Affairs at the Department of the Interior.  “The Bureau of Indian Affairs Office of Justice Services’ Purpose Code X program provides a much-needed tool for tribal social service agencies when they must find safe homes to place children during temporary emergency situations.”

In the initial phase of the TAP program, the biometric/biographic workstations will be deployed to up to 10 federally-recognized tribes who will provide user feedback.  This phase will focus on assisting tribes that have law enforcement agencies, while in the future the department will seek to address needs of the remaining tribes and find a long-term solution.  The department will continue to work with Congress for additional funding to more broadly deploy the program.

The Department of Justice’s Chief Information Officer manages TAP.

“It is our hope that TAP can minimize the national crime information gap and drive a deeper and more meaningful collaboration between the federal, state, local and tribal criminal justice communities,” said Chief Information Officer Joseph F. Klimavicz for the department.

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal.

For more information about the Department of the Interior Bureau of Indian Affairs, visit www.indianaffairs.gov/

Who Won American Indian Law and Policy, 2014, Second Round, Bracket 3 of 4

Now we move on to the quarterfinals of Category 3, People and Parties.

#1 Hon. Diane Humetewa v. #8 Bill Wood

Hun, Judge Humetewa only won 89 percent of votes. Has she already presided over the criminal cases of 11 percent of TT readers and their friends and families? 🙂

I think Professor Wood’s in for a rough quarterfinal. Sorry brother. But you beat Dollar General, getting nearly two-thirds of the vote!

#4 Sarah Deer v. #5 Hon. Kevin Washburn

In a battle of two geniuses, Prof. Deer prevails with 70 percent of the vote. In the battle of two feds, the assistant secretary prevails with 71 percent. This next round is going to be a clash of titans.

#2 Justice Sonia Sotomayor v. #10 Frank Pommersheim

We believe that, based on the fact that Justice Sotomayor only won 90 percent of the vote, our alum J.S. voted at least five times. 🙂

Justice Sotomayor will face Frank Pommersheim, who narrowly defeated Judge Canby, who did not, as far as I know, get much of the haiku vote, with 55 percent of the vote.

This sets up my favorite match-up — a tale of two New Yorkers! Erin Lane, where are you?

#3 Hon. Keith Harper v. #11 Structuring Sovereignty

Ambassador Harper won easily over Chris Deschene, with 69 percent of the vote. The win of the authors of Structuring Sovereignty by a 71 percent to 29 percent vote was somewhat surprising (to me anyway). I guess it’s too late to Bear Down, Arizona.

Who Won Indian Law and Policy 2014? First Round Bracket — 5 of 8

In case you weren’t around yesterday, we’ve been playing a little game based on a game Grantland has been playing for a few years — Who Won 2014? Yesterday’s four posts (here, here, here, and here) ask you to vote in the first two categories, Indian nations and Doctrines, Laws, and Issues. Today, we move on to the next two categories.

Category 3 — People and Parties

#1 Hon. Diane Humetewa

The first American Indian woman to serve as a federal judge. ‘Nuff said.

v.

# 16 Kumeyaay Cultural Repatriation Committee

The beneficiary of a Ninth Circuit NAGPRA decision dismissing a brought by disgruntled academics against the University of California.

# 8 Bill Wood

Bill’s a good friend with a great sense of humor, so he might be amused. But who else’s first law review article got quoted by the Supreme Court this year?

v.

# 9 Dollar General Corp.

Yes, the people fighting the jurisdiction of the Mississippi Band of Choctaw Indians. They lost over a downright angry dissent in the Fifth Circuit, but hired Tom Goldstein of  SCOTUSBlog fame and have attracted the Supreme Court’s attention with a CVSG. Now their next hurdle is the OSG. Ah the privilege of opposing tribal interests. Think the tribe would have had the same luck?

# 4 Sarah Deer

Prof. Deer won a coveted MacArthur Foundation Genius grant. If you want to see the lengths people will go to to win one of these (fictionalized), check out Phillip Seymour Hoffman in Synecdoche, New York.

Plus she co-wrote one of the most interesting, compelling, and provocative law review articles of recent times, “Protecting Native Mothers and Their Children: A Feminist Lawyering Approach.” I bet it made ever second year law student articles editor that saw it in the slush pile squirm and quickly turn to another article on Immanuel Kant on evidentiary approaches in 18th-century Bulgaria. Kudos and much appreciation.

v.

# 13 Neal Katyal

Ah, people could be ranked higher, but it’s a competitive game. Prof. Katyal was the victorious orator in the Bay Mills case, and may make another splash with a cert petition he filed for the Seminole Tribe. We’ll know Friday.

# 5 Hon. Kevin Washburn

Ok, let’s see how many feds I can make uncomfortable. How can the Assistant Secretary be seeded so low? It’s like Navajo — there’s an enormous amount of volume, but there’s a lot of bad with the good. This “person and party”, more so than any of the others on this list, is the job more than the person. But this is a great guy, famously self-effacing, humorous (it helps to steal Sam Deloria’s jokes once in a while), kind, generous with his time (UCLA, MSU, Colorado, Fed Bar, Harvard), and individually personable.

But he’s the assistant secretary and a fair percentage of the people reading this blog envision him as sporting devil horns like Tim Curry in Legend.

v.

# 12 Hon. Eric Holder

Fed v. Fed. Another person enveloped by the position. Announced the new ICWA initiative. But also resigned (pending the Senate’s confirmation of his successor).

His agency, the Department of Justice, had an interesting year, opining about marijuana in Indian country, for example.

Assistant Secretary Kevin Washburn to Keynote MSU ILPC’s 2014 Annual Conference: “Dismantling Barriers in American Indian Education” — Nov. 20, 2014

We are pleased to announce that Interior Dept. Assistant Secretary for Indian Affairs Kevin Washburn will serve as our keynote speaker for our 2014 annual conference.KKW

Anita Fineday will serve as our lunchtime speaker.

Our agenda is as follows:

November 20th, 2014

Castle Board Room

8:00am Continental Breakfast

8:30 am Welcome, Dean Joan Howarth

9:00 am Keynote Speaker: Asst. Sec. Kevin Washburn

10:00 am- 11:00 am Boarding School and Intergenerational Trauma: Dr. Suzanne Cross (MSU), Hunter Genia, Saginaw Chippewa Tribe

11:15am-12:15pm Historical and Legal: Nicole Blalock (ASU), Melody McCoy (NARF), April Day (Kilpatrick Townsend & Stockton) Moderator, Kristi Bowman (MSU Law)

12:30pm – 1:15pm Lunch, Anita Fineday, Casey Family ProgramsAnita Fineday

1:30pm- 2:30pm Sovereignty and Education: Treena Metallic (First Nations Education Council), Eric Hemenway (Little Traverse Bay Bands of Odawa Indians), Moderator, Tiffani Darden (MSU Law)

2:30 pm – 3:15 pm Youth Leadership and Outreach: Estrella Torrez (MSU), Emily Proctor (MSU Extension, Little Traverse), Christine Marie Dewey (Little Traverse student), Moderator Jennifer Rosa (MSU Law)

3:30pm – 5:30pm Higher Education Native Student Services: Dr. Tawa Sina (MSU), Dr. Angelique Day (Wayne State), Shelly Lowe (Harvard), Rose Petoskey (Cornell), Melvin Monette (American Indian Graduate Center & National Indian Education Association), Dr. Suzanne Cross (MSU), Moderator, Matthew L.M. Fletcher (MSU Law)

Our conference page is here.

Our conference will follow the day after the School Environment Listening Tour for Native American Students on November 19, 2014.

 

Assistant Secretary Washburn to Keynote 2014 MSU Indigenous Law Conference

We are pleased to announce that Assistant Secretary for Indian Affairs Kevin K. Washburn ASIA KKWhas been confirmed to serve as the keynote speaker for our 2014 annual conference, which will take place on November 20-21, 2014.

This year’s conference is titled “Dismantling Barriers in American Indian Education.” We have a working website describing the conference but the timing of the panels are still in flux, and so the agenda is still tentative. More details soon!

Miigwetch!

Matthew, Wenona, Kate, and the rest of the ILPC