For the first time ever the National Indian Child Welfare Association’s Annual Protecting Our Children Conference will be offering CLE’s to participants. We have applied for CLEs in Minnesota and Oregon and many state offer reciprocal CLEs. Also, we will have information about how to apply to CLEs in all states. The 32nd Annual Conference is being held in Fort Lauderdale, Florida April 13–16. For more information about our conference visit http://www.nicwa.org/conference.
NICWA
Letter From National Native Groups to DOJ to Investigate Child Welfare Issues
Here, from NICWA, NCAI, NARF, and AAIA:
The undersigned American Indian and Alaska Native (AI/AN) organizations request that the Civil
Rights Division of the Department of Justice commences a prompt investigation into the unlawful treatment of
AI/AN children in the private adoption and public child welfare systems throughout the United States.***
Yet, despite all the protections provided by ICWA, each year thousands of parents, grandparents, aunties,
uncles, and child advocates reach out to the National Indian Child Welfare Association (NICWA) desperate for
help. Their rights under ICWA and the Constitution continue to be violated by state child welfare and private
adoption systems. NICWA frequently hears stories of adoption agencies ignoring the tribal membership of
children, of state attorneys failing to provide notice to a tribe when a child is taken into custody, of child
welfare workers sometimes knowingly placing children outside ICWA’s placement preferences, and of judges
denying tribal representatives a presence in the court room. NICWA also often hears stories of Guardians ad
Litem scoffing at the importance of Native culture, state workers demeaning AI/AN parents and traditional
ways of parenting, and attorneys using professional networks to encourage other attorneys to purposefully
circumvent the “ridiculous” or “unnecessary” adoption requirements of ICWA.
AAIA and NICWA Legal Guide to Adoptive Couple v. Baby Girl
Here. (pdf)
Includes summary of the case and legal analysis, including the impact of state statutes and tribal/state agreements.
NICWA to Host Webinar on Adoptive Couple v. Baby Girl
Date: Wednesday, February 13, 2013
Time: 11 a.m. Pacific / 2 p.m. Eastern
Presenter: Adrian Smith, JD, MSW, NICWA government affairs associate
The U.S. Supreme Court will soon hear the case Adoptive Couple v. Baby Girl, a South Carolina adoption case involving the Indian Child Welfare Act. This high profile and emotionally charged case has garnered significant attention in the past year. Oral arguments are expected to occur in late April, and a decision announced shortly thereafter.
The National Indian Child Welfare Association will host a webinar for those interested in learning:
- What are the background and facts of the case?
- What are the questions before the U.S. Supreme Court?
- What possible implications will this case have on Indian Country?
- What is being done nationally in preparation for this hearing?
This free webinar is open to all. Register here.
Hat tip to NILL’s blog.
Job Opening: NICWA Development Manager
Please assist us in recruiting qualified applicants for a development manager position at NICWA. The closing date is March 9.
The National Indian Child Welfare Association (NICWA), based in Portland, Oregon, is seeking a development manager adept in maximizing opportunities for benefactor generosity and achieving fund raising goals. This is an outstanding opportunity for an outgoing development professional to make a difference in the lives of children in American Indian communities across North America. The ideal candidate is adept in sequential and systematic networking, relationship nurturing, follow-through, and time management. Success is achieved through
- strategic marketing;
- industrious networking; and
- friendly, persistent, and patient adherence to development processes.
Qualifications: AS/BS/BA in business marketing, communications, journalism, media relations, or equivalent specialized experience. The ability to plan, implement and achieve development program goals is paramount. Friendly and engaging interaction with executives; proven expertise in previous development campaigns; and experience working in American Indian culture, Indian Country, and tribal child welfare systems also required. Travel 15%-20%.
Salary range: $45K to $65K DOE; excellent benefit package. Email resume, cover letter, six professional references, and salary history to Carmen Farmer at Carmen@nicwa.org or fax to her at (503) 222-4007 or mail to NICWA, 5100 SW Macadam Ave, #300, Portland, OR 97239 by March 9, 2012
The job description can be found on the NICWA website at www.nicwa.org/careers/.
ICT Article on Indian Child Welfare Act
From ICT:
SAULT STE. MARIE, Mich. – The Indian Child Welfare Act is a federal law pertaining to American Indian and Alaska Native children that many tribal members are unaware of. Attorneys, judges, social workers and state court systems work with this act almost daily. The United States Congress enacted ICWA more than 30 years ago to protect the best interests of Indian children, and to promote the cohesiveness of Indian families and tribes. Because it is a federal law, it pre-empts state law in its application, meaning in a state court setting applying the standards of ICWA is mandatory.
For ICWA’s protections to apply, a child must be an enrolled member of an Indian tribe or be eligible for enrollment. The individual tribe to which the child belongs is responsible for determining membership eligibility.
ICWA applies to children who have parents whose rights are being terminated, or who have been taken out of their home and placed into a guardianship, foster care or any permanent or pre-adoptive placement.
State court systems and judges in states with very low Indian populations often misunderstand the law, such as Georgia.
Sault Ste. Marie Tribe of Chippewa Indians’ prosecuting attorney Eric Blubaugh, said, “Everyone gets in a sort of professional comfort zone, and state courts are no exception. A state court, when confronted with a case involving an Indian child, must apply different standards than they would in a case involving a non-Indian child. And the frontline professionals – caseworkers and attorneys – must assess an ICWA case’s merits much differently due to the higher standards of proof.”