American Indian Child Welfare: Minnesota and National Perspective

1. American Indian Child Welfare: Minnesota and National Perspective Minnesota Department of Human Services May 2008

2. American Indian Child Welfare: Minnesota and National Perspective This presentation will highlight: • Minnesota’s American Indian Child Welfare Initiative (AICWI) • How other states approach tribal child welfare • The states allocating funds to Tribes for administration of child welfare services • Tribal-state interaction models.

3. Objective The project goals include: • Compiling other states’ experiences in developing programs and relationships with tribal governments • Comparing similarities, differences with Minnesota’s AICWI • Incorporating lessons learned from other states’ experiences • Providing contact information for state and tribal staff.

4. Minnesota’s American Indian Child Welfare Initiative (AICWI) • Collaboration between Tribes, counties and the Minnesota Department of Human Services • Funding for tribal delivery of child welfare services on reservations approved by the legislature and signed by governor

5. Minnesota’s American Indian Child Welfare Initiative (AICWI) • Participants: Leech Lake Band of Ojibwe and White Earth Band of Ojibwe; and Becker, Beltrami, Cass, Clearwater, Hubbard, Itasca and Mahnomen counties Map of Minnesota courtesy of http://geology.com/state-map/minnesota.shtml

6. Minnesota’s American Indian Child Welfare Initiative, cont. • Funds are included in the department's base budget to ensure sustainability of the projects • AICWI supports transfer of child welfare program responsibilities from the counties to the Tribes.

7. AICWI provides child welfare funds to Tribes for: • Prevention of child abuse and neglect • Family preservation • Child protection • Foster care costs • Permanency options • Alternative interventions.

8. Capturing the data • Contacted every child welfare department in states with Tribes • Consulted with state child welfare staff qualified to answer questions • Requested answers to specific questions related to AICWI • Sent requests via e-mail and followed up by telephone.

9. The United States Dots and areas in white (except lakes) =American Indian reservation Map of the United States, excluding the land of the sovereign American Indian reservations, courtesy of www.radicalcartography.net.

10. States with federally-recognized Tribes = States with Tribes Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm

11. Federally-recognized Tribes per state 4 29 7 4 11 2 7 10 11 4 12 9 2 1 1 6 3 19 7 2 104 4 1 1 38 22 22 1 1 3 4 2 229 Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm

12. States with federally-recognized Tribes • Of the 50 states, Washington D.C., and Puerto Rico, there are federally-recognized Tribes in 33 • Seventeen states have no federally-recognized Tribes: Vermont, New Hampshire, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Missouri, Kentucky, West Virginia, Virginia, Maryland, Delaware, Tennessee, Arkansas, Georgia and Hawaii.

13. Minnesota Tribes • Eleven total • Seven Anishinabe (Ojibwe): Bois Forte Band of Ojibwe, Red Lake Band of Ojibwe, White Earth Band of Ojibwe, Leach Lake Band of Ojibwe, Mille Lacs Band of Ojibwe, Fon du Lac Band of Lake Superior, Grand Portage Band of Ojibwe • Four Dakota Sioux: Upper Sioux Indian Community, Lower Sioux Indian Community, Shakopee Mdewakanton Indian Community and Prairie Island Indian Community.

14. Minnesota Tribes Boise Forte Red Lake Grand Portage White Earth Fon du Lac Leech Lake Mille Lacs Shakopee Mdewakanton Upper Sioux Lower Sioux Prairie Island Map courtesy of National Atlas of the USA - INTERIOR-GEOLOGICAL SURVEY, RESTON, VA-2003

15. American Indian Child Welfare Initiative White Earth Leech Lake Map courtesy of National Atlas of the USA - INTERIOR-GEOLOGICAL SURVEY, RESTON, VA-2003

16. Minnesota’s current policy – maltreatment on reservations • Red Lake responds to all child maltreatment on reservation • For all of the other reservations, county social services agencies are delegated authority by the state, therefore, the county has legal responsibility for all children on these reservations. However, process implementation varies from Tribe to Tribe.

17. Minnesota’s current policy – maltreatment on reservations • Counties and Tribes collaborate regarding reports of maltreatment to a greater or lesser extent • Shakopee is an exception; it handles all child maltreatment for tribal members in their service area • Outside the reservation, the county is the responding entity.

18. Minnesota’s current policy – funding of Indian child welfare services Sources of funding include: • Federal Indian Child Welfare Act grants/Bureau of Indian Affairs • Bureau of Indian Affairs Social Services Grants • Federal Title IV-B funds • Minnesota Indian Family Preservation Act Grants (may now be called ICWA grants)

19. Minnesota’s current policy – funding of Indian child welfare services (continued) • County funds • Targeted Case Management – Medical Assistance reimbursement • Foundation grants

20. Minnesota’s current policy – funding of foster care • County dollars • State – no contribution except for American Indian Child Welfare Initiative • Federal dollars: lCounties reimbursed through federal Title IV-E (for eligible children) lIndian Child Welfare Act appropriations lBureau of Indian Affairs Foster Care (Red Lake).

21. Focus of nationwide survey • Are any states allocating funds to the Tribes for administration of American Indian child welfare services? • Answers provided in maps and appendices at end of presentation (in matrix form).

22. States responded to the following questions: • Which government (tribal or state/county) is responsible for responding to American Indian child welfare reports of maltreatment on the reservation? Off the reservation? • How are American Indian child welfare services financed on the reservation? Off the reservation? • Which government (tribal or state/county) pays for foster care costs of American Indian children on the reservation? Off the reservation?

23. Who Answered the questions? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Answered questions Did not answer questions No federally-recognized Tribes

24. Question 1A – Which government entity is responsible for responding to reports of American Indian child maltreatment on the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County Did not respond

25. Question 1A - Which government entity is responsible for responding to reports of American Indian child maltreatment on the reservation (continued)? • The tribal government is the first responder for all Tribes in 12 states (AZ, FL, KS, ME, MI, MS, NE, NV, NM, ND, OK, WY) • In five states with multiple Tribes, some reservations have a tribal response, others a state/county response (MT, OR, SD, WA, WI) • The state responds in Massachusetts and Alaska • The Tribes collaborate with counties for responses in four states (AL, CA, LA, IA).

26. Question 1B – Which government entity is responsible for responding to reports of American Indian child maltreatment outside the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County Did not respond

27. Question 1B – Which government entity is responsible for responding to reports of American Indian child maltreatment outside the reservation? (continued) • Fifteen states have a state or county/parish response (AL, AK, FL, LA, IA, MA, MI, MT, ND, NE, NV, NM, OK, SD, WI) • Six states utilize a tribal-state/county collaboration (AZ, CA, KS, ME, OR, WY) • Mississippi defers to the Tribe if requested • Washington responds for 27 of the 29 Tribes, two offer a tribal response.

28. Question 2A - How are American Indian child welfare services funded on the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County State funds to Tribe

29. Question 2A - How are American Indian child welfare services funded on the reservation? (continued) Examples of services provided: • In Wisconsin, the state passes funds through the counties to the Tribes: These funds finance programs such as alcohol and drug treatment, domestic violence reduction, child care, health programs, elderly services and child welfare services

30. Question 2A - How are American Indian child welfare services funded on the reservation? (continued) • Three states provide funding to Tribes, administering their own child welfare programs (KS, WA, WY) • The Tribes fund child welfare services for all children under their guardianship in 12 states (AL, AZ, FL, KS, LA, MA, ME, MS, NE, NV, OK, WI) • Five states have a combination – child welfare services are funded by the Tribe on some reservations, and by the state or county on other reservations (CA, MI, MT, NM, SD). This is determined by contracts between the states and the Tribes

31. Question 2A - How are American Indian child welfare services funded on the reservation? (continued) • Iowa and Michigan finance all child welfare on the reservations. • South Dakota has three responsible entities for nine Tribes – state (five), Tribe (three), and BIA (one) • Oregon Tribes receive funding from multiple sources – Bureau of Indian Affairs, state system of care (a strength-based alternative response program), and federal grants • Alaska has multiple funding sources for 229 Tribes (Bureau of Indian Affairs, ICWA grants and PL-632 contracts).

32. Question 2B - How are American Indian child welfare services funded outside the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County State funds to Tribe

33. Question 2B - How are American Indian child welfare services funded outside the reservation? (continued) • The state or county provides funding in 12 states (AZ, CA, FL, IA, MA, MI, NV, NM, ND, SD, WI, WY). • The Tribes fund child welfare services for all children under their guardianship in seven states (AL, KS, LA, ME, MS, OK, WA). • In Montana, child welfare services are funded by the Tribe on some reservations, and by the state or county on other reservations.

34. Question 2B - How are American Indian child welfare services funded outside the reservation? (continued) • Nebraska offers tribal-state collaboration if Indian Child Welfare Act case is transferred to tribal court. • Tribes in Oregon receive funding from multiple sources – Bureau of Indian Affairs, state system of care (a strength-based alternative response program), and federal grants. • Alaska also has multiple funding sources for 229 Tribes (Bureau of Indian Affairs, ICWA grants and PL-632 contracts).

35. Question 3A - Which government entity pays for American Indian child foster care costs on the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County State funds to Tribe

36. Question 3A - Which government entity pays for American Indian child foster care costs on the reservation? (continued) • Iowa and Wyoming allocate funding for the Tribes to administer their foster care programs. • The Tribes finance child welfare services for all children under their guardianship in 10 states (AL, AK, AZ, FL, KS, MA, ME, MS, NM, NV). • Foster care costs are funded by the Tribe on some reservations, and by the state or county on other reservations in six states (CA, MI, MT, SD, WA, WI).

37. Question 3A - Which government entity pays for American Indian child foster care costs on the reservation? (continued) • The state pays for all non Title IV-E eligible children in five states (LA, ND, NE, OK, OR). • With one exception, Tribes have a limited Title IV-E Agreement in Michigan, which leaves most expenses to the state. • South Dakota has four approaches with nine Tribes. The Casey Foundation (one), Bureau of Indian Affairs / state (six), and Public Law 638 funds (two) serve as the base for foster care funding.

38. Question 3B - Which government entity pays for American Indian child foster care costs outside the reservation? Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm Tribe Combination State / County State funds to Tribe

39. Question 3B - Which government entity pays for American Indian child foster care costs outside the reservation? (continued) • The state or county provides the funding in nine states (AK, AZ, FL, MA, MT, NV, ND, SD, WI). • The Tribes fund foster care for all children under their guardianship in five states (AL, KS, ME, MS, NM). • The state pays for all non Title IV-E eligible children in four states (CA, LA, NE, OR).

40. Question 3B - Which government entity pays for American Indian child foster care costs outside the reservation? (continued) • The state pays 100 percent of costs for Tribes without a Title IV-E Agreement in Michigan. Tribes with Title IV-E Agreements that cannot meet their foster care costs receive state funding to cover the balance. • Iowa and Wyoming allocate funds for the Tribes to administer their foster care programs. • Oklahoma uses Bureau of Indian Affairs (BIA) funds and other grants to pay costs for non Title IV-E eligible children.

41. What other states’ policies are similar to Minnesota’s? • Kansas, Washington and Wyoming allocate state dollars to Tribes, which provide administration for child welfare on their reservations. • Kansas, Iowa and Wyoming allocate state funding for the Tribes to administer American Indian foster care on their reservations.

42. Other findings • Michigan is drafting a new Title IV-E Agreement that will provide funding to Tribes for administration, training, out-of-home placement costs, and adoption subsidies for Title IV-E eligible children. The state will provide matching funds for Tribes to fund child welfare costs. • Nevada’s Indian population resides primarily in urban enclaves called Colonies, due to the remote nature of rural areas. This aids collaboration between state and Tribes. • California has a Title IV-E Agreement with one Tribe (Karuk), and is working on adding more.

43. Other findings • Tribes in Florida can ask for state collaboration for Indian child welfare services, however, they rarely make such requests • Some Tribes respond to reports of maltreatment in Montana, yet the state encourages all reports to be made via the state’s central intake office • Oregon has an advisory committee where government and tribal representatives jointly determine levels of state support for each tribe. • Oklahoma has trust lands, not reservations.The Osage tribal land may become a reservation in the near future.

44. Thank you for attending Todd M. Stump Research Analysis Specialist, Minnesota Department of Human Services Child Safety and Permanency Division St. Paul MN 55164-0943 (651) 431-4912 todd.m.stump@state.mn.us For information on the American Indian Child Welfare Initiative, contact: Kris Johnson American Indian Child Welfare Initiative Coordinator Minnesota Department of Human Services Child Safety and Permanency Division (651) 431-4677 kris.johnson@state.mn.us

45. Appendix one and legend: • ST = State • #T = Number of Federally-recognized Tribes in state • Q1 = Which government (tribal or state/county) is responsible for responding to reports of child maltreatment (A) on the reservation and (B) outside the reservation? • Q2 = How are American Indian child welfare services financed (A) on the reservation and (B) outside of the reservation? • Q3 = Which government (tribal or state/county) pays for foster care costs (A) on the reservation and (B) outside of the reservation?

46. Appendix one and legend (continued): • T = tribal responsibility • S = State responsibility • C = Combination state/Tribe responsibility (or within the state, some Tribes have full responsibility, while others do not). • S$ = State dollars allocated to Tribes.

48. Appendix two – state contacts for tribal child welfare (see next slide)