The Indian Child Welfare Act

An introduction to

for Caregivers

The Power of PartnershipThe Alliance for Child Welfare Excellence is Washington’s first comprehensive statewide training partnership dedicated to developing professional expertise for social workers and enhancing the skills of foster parents and caregivers working with vulnerable children and families. 

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Developmental Competencies

CCW201-01: Knows about the child welfare system, including the Indian Child Welfare Act, and understands tools and resources to navigate the system (contacts, forms, procedures, where to turn, etc.)

CCW201-02: Knows the policies and legal/judicial processes and how they apply to Caregivers: the Indian Child Welfare Act; child welfare agency policies; regulations; legal liability; abuse and neglect reporting procedures; juvenile court processes.

CCW202-02: Understand the value of effective communication and engagement with the child welfare team.

CCW203-01: Understands the benefits and challenges of different permanency options; including the legal status, and financial and service supports associated with each permanency outcome.

CFAM236-01: Knows how to interact with children and their families in a culturally responsive and appropriate way

CFAM236-03: Knows how to: actively participate in community and cultural events; build social supports for the child’s cultural identity; keep Indian children connected with their tribes.

Developmental Competencies

CFAM236-04: Understands the need to seek deeper knowledge and develop skills for interacting with families from diverse cultures.

CFAM336-01: Able to use a wide array of skills, knowledge, and culturally responsive resources; identify and seek services and supports available and necessary to ensure culturally appropriate responsiveness in home, in school and in the community.

CFAM336-02: Able to identify and seek services and supports available and necessary to assist children with issues related to race, ethnicity, and culture.

CFAM336-03: Utilizes a wide array of skills, knowledge for the care of Native American/ Alaska Native children and strategies for building children’s connections with their tribe and local Native American organizations.

CFAM336-04: Able to utilize a wide array of skills, knowledge, and resources available and necessary to develop a deeper understanding of families from diverse cultures, and cultural competence.

https://allianceforchildwelfare.org

Topic Overview

Legal, Historical, and Social Basis Tribal Involvement in Child Welfare C

ases Placement of Indian Children

Wrap-Up & Quiz

Legal, Historical, and Social Basis

Return to Main Menu

Bringing Our Children HomeYou can review or familiarize yourself with this film here.

https://vimeo.com/125474009

All My Relations DiscussionGuide

https://vimeo.com/125475406

Historical Context & Sovereignty

If you don’t understand sovereignty,

you don’t understand Indians.

John EchohawkDirector, Native American Rights Fund

“”

The Federal ICWA…

• be notified of potential involvement• assume jurisdiction OR be otherwise

involved

…affirms the right of Tribes to:

• the removal of Indian children…sets minimum standards for:

• placement into culturally appropriate homes

…sets requirements for:

Large Group Discussion: ICWA Summary

Who Is an Indian Child?

“Federal and WA State definition:

”…any unmarried person who is under age

eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe

Membership vs. Enrollment

Tribal Members

Enrolled Tribal Members

Which is more inclusive: enrollment or membership?

The ICWA applies to all children who are members of a Tribe, or are eligible for membership.

Tribes of Washington State

List of the federally recognized tribes of WA by region

Map of Washington Tribeshttp://www.washingtontribes.org

(click “Washington Tribes” and “Map”)

Governor's Office of Indian Affairshttp://www.goia.wa.gov/

Tribal Involvementin Child Welfare Cases

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All My Relations DiscussionGuide

https://vimeo.com/125474012

Jurisdictional Options

Tribes can:

Have exclusive jurisdiction Become a party to the case Have ongoing consultation and

collaboration Choose not to intervene

LICWAC

Advisory committees used when :

Tribe is unavailable - OR -

Tribe requests LICWAC

Notifying the Tribe of Placement

Placement in a non-Indian

home requires agreement

from the Tribe or LICWAC staffing.

The Tribe needs to

be notified

within 24 hours.

Placement Preferences in ICWA

1. Extended family

2. Foster home licensed or approved by the child’s Tribe

3. Other “Indian foster home”

4. Institution operated by the Tribe or suitable to meet the child’s needs.

5. Non-Indian licensed home WITH consent from the Tribe or LICWAC staffing, and continuing diligent efforts to identify a more appropriate placement.

RCW 13.38.180 Placement of Indian Children

RCW 13.38.180 Placement of Indian Children

PLACEMENT PREFENCES FOR NATIVE AMERICAN CHILDREN

LARGE GROUP DISCUSSION(15 mins)

@Initial Placement@Ongoing Placement

@Permanency

Placement of Indian ChildrenLegal requirements supporting placement preferences

Return to Main Menu

All My Relations

https://vimeo.com/125474015

How Do I Support the Cultural Needs of a Child in My Care?

What do we know? What don’t we know?

(And how do we know what we don’t know?)

Cultural Competence vs Cultural Humility

What is the child’s Point of View? How can they connect with other kids “like them”?

What Is an Indian Foster Home?

“”

…a home in which at least one of the foster parents is: A member of a federally recognized Indian

tribe- OR -

Eligible for membership in a federally recognized tribe.

Terminating Parental Rights

Not every Tribe believes in terminating parental rights…

…because Tribes highly value the family unit and its sanctity.

Instead, customary adoptions and guardianships are often used.

Non-Indian Homes as Long-Term Placements

Such a home needs to be approved by the child’s Tribe or a LICWAC staffing.

Non-Indian families must

promote ongoing cultural

and familial connections between the

child, the Tribe, and kin.

Attend activities within the Native community, such as Pow-wows.

Find a Native mentor for the child. Obtain cultural artifacts for the child. Maintain contact with the child’s extended family members. Gather information about the child’s Tribe. Learn how the Native culture varies from

yours. Learn tribal values around food, hair care,

etc., and respect them.

Keeping Children Connected

Communicating Respectfully

Remember that you are interacting with another government’s representative.

Acknowledge when you aren’t familiar with the Tribe’s policies and procedures.

Be open to growing your cultural fluency and humility.

Stay willing to learn from disagreements or miscommunications.

Overview of ICWA

The main requirements of ICWA are that the state must: Identify Indian children and notify

Tribes Facilitate Tribal involvement Respect placement preferences Require Caregivers to maintain or

establish the child’s ties to his or her Indian culture, Tribe, and family

We Shall RemainA film by The StyleHorse Collective

https://vimeo.com/125474068

Complete the sentence below by filling in the blanks.

The ICWA is based on a _____________ to ___________ agreement and relationship. In addition to ties with family, Caregivers have the responsibility to maintain or establish a child’s ties to his/her Native ________________ and ________________.

Complete the sentence below by filling in the blanks.

The ICWA is based on a government to government agreement and relationship. In addition to ties with family, Caregivers have the responsibility to maintain or establish a child’s ties to his/her Native Tribe(s) and culture.

CONGRATULATIONS!

Thank you for completing this training on an introduction to the Indian Child Welfare Act (ICWA) for Caregivers.

The work you are doing to support tribal youth in our shared community is appreciated and matters.

THANK YOU!If you would like more information about trainings related to Indian Child Welfare or trainings for caregivers in general, please visit on the online course catalog at:

https://allianceforchildwelfare.org