Indian Child Welfare Act (ICWA)

1. Indian Child Welfare Act(ICWA) University of Oklahoma School of Social Work Master’s Advanced Curriculum Supported by:

2. 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.

3. 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

4. Child Welfare League Children's Voice Article, March 2002Coming 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

5. Child Welfare League Children's Voice Article, March 2002Coming 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.

6. 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

7. 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

8. Impacts1 State juvenile courts State social service agencies Private adoption agencies

9. 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

10. Covered1 Foster care placements (voluntary or involuntary) if parents cannot regain custody on demand Any proceeding that results in termination of parent-child 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

11. Relevance to Elders Rearing Grandchildren • American Indian Grandparents2 • High rates of grandchild caregiving • 3x more likely compared to U.S. All Races • ½ raising grandchildren for 5 years or longer • 1/3 living below poverty line • Only ¼ of the 1/3 were receiving public assistance Recent study assessed 32 American Indian Grand Families3 • 20 had no legal relationship • 9 had no knowledge of ICWA • 15 were aware of ICWA, but didn’t believe it was helpful • 7 were aware and thought it was helpful • 6 of the 7 had adopted their grandchildren • This indicates that once elders are aware of ICWA they utilize it.

12. Tribal Foster Care and Adoption Act of 2007 P.L. 110-3514 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. “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

13. 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

14. 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.

15. 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/