Court Improvement for Child Welfare: Opportunities,

Innovation, & Strategies

National Council of Juvenile and National Council of Juvenile and Family Court Judges (NCJFCJ)Family Court Judges (NCJFCJ)

The The VISIONVISION is for a society in which is for a society in which everyevery family and child has access to fair, equal and family and child has access to fair, equal and timely justice.timely justice.

The The MISSIONMISSION is to provide is to provide allall judges, courts judges, courts and related agencies involved with juvenile, and related agencies involved with juvenile, family and domestic violence cases with the family and domestic violence cases with the knowledge and skills to improve the lives of the knowledge and skills to improve the lives of the families and children who seek justice.families and children who seek justice.

Casey Indian Child Welfare Casey Indian Child Welfare ProgramsPrograms

Child welfare services, with an emphasis on Child welfare services, with an emphasis on cultural relevance and community ownership cultural relevance and community ownership

Resource development to help create Resource development to help create sustainable funding for tribal child welfare sustainable funding for tribal child welfare systems systems

Infrastructure tools and systems, such as Infrastructure tools and systems, such as human resources, administration, and fiscal human resources, administration, and fiscal managementmanagement

A Different Approach…A Different Approach…

““We acknowledge the enduring impact of the We acknowledge the enduring impact of the past on all of your lives, and we are past on all of your lives, and we are committed to taking a new path, one of committed to taking a new path, one of respect and humility… For we know that respect and humility… For we know that unless we can work together to protect and unless we can work together to protect and nurture all of America's children, we as a nurture all of America's children, we as a country will never be fully successful.” -country will never be fully successful.” -Shay BilchikShay Bilchik

Promoting a Paradigm ShiftPromoting a Paradigm Shift

““Some state court systems are beginning Some state court systems are beginning to recognize that tribal courts can and to recognize that tribal courts can and should be important partners in the should be important partners in the administration of justice in this country... administration of justice in this country... tribal courts are being recognized for their tribal courts are being recognized for their often innovative and effective operations.”often innovative and effective operations.” -- Chief Judge Theresa Pouley Chief Judge Theresa Pouley

Resolution in Support of Resolution in Support of Tribal CourtsTribal Courts

WHEREAS, the National Council of Juvenile and Family Court Judges acknowledges that the tribal courts have historically not been regarded as equal in status with the state courts and that, as a result, the tribal courts and the children and families served by the tribal courts have been denied many of the resources available to the state courts; and

WHEREAS, the National Council, in serving children and families, recognizes that tribal and state courts are equal and parallel justice systems; and

Best Practices Across the NationBest Practices Across the Nation

Multi-Tribal and State/County Court Multi-Tribal and State/County Court CollaborationCollaboration

Ongoing and meaningful discussion/work groupsOngoing and meaningful discussion/work groups

Vision for 100% ICWA State Court ComplianceVision for 100% ICWA State Court Compliance

ICWA adopted into state law in its entiretyICWA adopted into state law in its entirety

Developing strong working relationships and Developing strong working relationships and strategizing for better outcomes for childrenstrategizing for better outcomes for children

INDIGENOUS PERMANENCYINDIGENOUS PERMANENCY

Judge Anita FinedayJudge Anita FinedayManaging DirectorManaging Director

AS TRIBAL PEOPLE WE HAVE OUR OWN UNIQUE AS TRIBAL PEOPLE WE HAVE OUR OWN UNIQUE CULTURE AND CONTEXT FOR TAKING CARE OF THEIR CULTURE AND CONTEXT FOR TAKING CARE OF THEIR CHILDREN THAT WAS SUCCESSFUL FOR CENTURIES CHILDREN THAT WAS SUCCESSFUL FOR CENTURIES BEFORE CONTACTBEFORE CONTACT

Tribal Court Proceedings Tribal Court Proceedings Based Upon Lessons from EldersBased Upon Lessons from Elders

We do not believe in terminating parental We do not believe in terminating parental rights-it is not our way.rights-it is not our way.

It has always been our way to take in It has always been our way to take in children.children.

We do not wear black robes as tribal court We do not wear black robes as tribal court judges: You do not want to look like the judges: You do not want to look like the people whom took everything away from people whom took everything away from us.us.

Suspension of Parental RightsSuspension of Parental Rights

Just one example of codifying tradition.Just one example of codifying tradition.

Each tribe will be different in the way Each tribe will be different in the way these issues are addressed.these issues are addressed.

BEST INTERESTSBEST INTERESTSOF THE TRIBEOF THE TRIBE

The ability of the tribe and its members to The ability of the tribe and its members to provide for the continuation of the tribe’s provide for the continuation of the tribe’s culture, language, history, religion, culture, language, history, religion, traditions and values through its children traditions and values through its children if those children are taken away and not if those children are taken away and not taught these things throughout their daily taught these things throughout their daily lives.lives.

BEST INTERESTS OF THE BEST INTERESTS OF THE TRIBETRIBE

The ability of the Tribe to continue as a The ability of the Tribe to continue as a viable cultural entity throughout their viable cultural entity throughout their daily lives. daily lives.

The ability of the Tribe to continue as a The ability of the Tribe to continue as a viable cultural entity will be hindered by viable cultural entity will be hindered by the loss of its children. the loss of its children.

Every child is a gift from the creator and is Every child is a gift from the creator and is viewed by the Tribe as crucial to the viewed by the Tribe as crucial to the future of the tribe as a whole.future of the tribe as a whole.

Customary AdoptionsCustomary Adoptions

More than 300 customary adoptions More than 300 customary adoptions completed in White Earth Tribal Courtcompleted in White Earth Tribal Court

Customary adoptions now recognized Customary adoptions now recognized by state statutes in CA and WA.by state statutes in CA and WA.

Momentum is building towards wide Momentum is building towards wide acceptance of customary adoption as a acceptance of customary adoption as a preferred permanency placement for preferred permanency placement for wide population. wide population.

Gila River Indian Community Gila River Indian Community Children’s CourtChildren’s Court

Judge Kami HartJudge Kami Hart

Model Court Lead JudgeModel Court Lead Judge

A Model of Creative A Model of Creative Problem-SolvingProblem-Solving

Support from Leadership by ResolutionSupport from Leadership by Resolution

Convening a collaborative groupConvening a collaborative group

Developing PrioritiesDeveloping Priorities

Goals to Improve Goals to Improve Child WelfareChild Welfare

First yearFirst year Create a CASA ProgramCreate a CASA Program Research Family Group Decision MakingResearch Family Group Decision Making Implement best practices in child welfare-removalImplement best practices in child welfare-removal

Second YearSecond Year Expansion continued creation of CASA ProgramExpansion continued creation of CASA Program Research Family Drug CourtResearch Family Drug Court Implement best practices in child welfare permanencyImplement best practices in child welfare permanency

AccomplishmentsAccomplishments

Cross site visitsCross site visits Created CASA Program Created CASA Program Starting a Family Drug Court pilot Starting a Family Drug Court pilot

program, granted a FDC grantprogram, granted a FDC grant Established relationshipsEstablished relationships

Federal/State/Tribal ForumFederal/State/Tribal Forum

Created ICWA subcommitteeCreated ICWA subcommittee Established goalsEstablished goals

– Statewide ICWA ConferenceStatewide ICWA Conference– Created a workgroup to develop ICWA Created a workgroup to develop ICWA

Resource GuidelinesResource Guidelines– Created a workgroup to develop collaborative Created a workgroup to develop collaborative

efforts/relationships between the tribes and efforts/relationships between the tribes and statestate

Innovation & OpportunityInnovation & Opportunity

Gina JacksonGina Jackson

Model Court LiaisonModel Court Liaison

Alabama-Coushatta Tribe of Texas Alabama-Coushatta Tribe of Texas Model CourtModel Court

Mississippi Band of Choctaw Mississippi Band of Choctaw Indians Model CourtIndians Model Court

Yurok Tribal Model CourtYurok Tribal Model Court

NCJFCJ Model CourtsNCJFCJ Model Courts► ► Alabama-Coushatta Tribe of Alabama-Coushatta Tribe of

TX TX ►►Austin, Texas Austin, Texas ►►Baltimore, Maryland Baltimore, Maryland ►►Charles County, Maryland Charles County, Maryland ►►Chicago, Illinois Chicago, Illinois ►►Dallas, Georgia Dallas, Georgia ►►Des Moines, Iowa Des Moines, Iowa ►►Gila River Indian Community Gila River Indian Community ►►Hattiesburg, Mississippi Hattiesburg, Mississippi ►►Honolulu, Hawaii Honolulu, Hawaii ►►Howell, Michigan Howell, Michigan ►►Kentucky Statewide Kentucky Statewide ►►Lake Charles, Louisiana Lake Charles, Louisiana

►►Las Vegas, Nevada Las Vegas, Nevada ► ► Los Angeles, California Los Angeles, California ►►MS Band of Choctaw MS Band of Choctaw ►►Nashville, Tennessee Nashville, Tennessee ►►Newark, New Jersey Newark, New Jersey ►►New Orleans, Louisiana New Orleans, Louisiana ►►New York City, NY New York City, NY

(statewide) (statewide) ►►Omaha, Nebraska Omaha, Nebraska ►►Portland, Oregon Portland, Oregon ►►Prince George County, Prince George County,

Maryland Maryland ►►San Jose California San Jose California ►►Seattle, Washington Seattle, Washington ►►Yurok Tribe, CaliforniaYurok Tribe, California

*Senior Model Courts: Cincinnati, Charlotte, *Senior Model Courts: Cincinnati, Charlotte, Indianapolis,  Reno,  San Jose, Salt Lake City, Utah; and Indianapolis,  Reno,  San Jose, Salt Lake City, Utah; and Tucson, and Washington DC. Tucson, and Washington DC. 

Court Improvement Program Court Improvement Program (CIP)(CIP)

“Meaningful and ongoing collaboration with child welfare and where applicable, tribes.”

Confederated Tribes of Salish and Kootenai, Pokagan Band of Potawatomi, Navajo Nation, White Earth, Washoe Tribe, Nooksack, & Pascua Yaqui

Training and TA NetworkTraining and TA Network

National Resource Center on Legal and Judicial National Resource Center on Legal and Judicial IssuesIssues

(National Council of Juvenile and Family Court (National Council of Juvenile and Family Court Judges, National Center for State Courts, American Judges, National Center for State Courts, American Bar Association)Bar Association)

NRC4TribesNRC4Tribes

Some reflectionsSome reflections

1.1. Creative problem-solvingCreative problem-solving

2.2. It’s all about relationshipsIt’s all about relationships

3.3. Systems don’t collaborate, people doSystems don’t collaborate, people do

““It’s about our children and our cultures. If weIt’s about our children and our cultures. If we

listen to our young people they will lift us out of listen to our young people they will lift us out of

darkness.” darkness.”

-Judge Deloresa Cadiente Former Chief Justice -Judge Deloresa Cadiente Former Chief Justice

of CCTHITAof CCTHITA

Thank you!Thank you!Gina JacksonGina Jackson

National Council of Juvenile National Council of Juvenile

and Family Court Judgesand Family Court Judges(775) 784-7040(775) 784-7040

gjackson@ncjfcj.orggjackson@ncjfcj.org