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NATIONAL CHILD WELFARE RESOURCE CENTER FOR ORGANIZATIONAL IMPROVEMENT

A service of the Children’s Bureau, US Department of Health and Human Services

FOCUS AREA IVB:

STATE-TRIBAL PARTNERSHIPS

FACILITATOR’S GUIDE03/03/07

Developed with assistance from

National Indian Child Welfare Association5100 SW Macadam Avenue, Suite 300

Portland, OR 97239

About this Focus Area

Focus Area IVB: State-Tribal Partnerships is part of the CFSR Comprehensive Training and Technical Assistance Package. These materials will be refined based upon feedback following their use. For this reason, the user should always download the latest version of a materials before each working session.

Using the Facilitator’s Guide

The pages in this guide are divided into two columns. The left-hand column contains the text of the guide (Facilitator’s Instructions) and the right-hand column (Facilitator’s Notes) sometimes contains comments but primarily provides space for users to write their own notes.

This guide organizes both content and process. Text in regular type provides guidance on subject matter to be covered and methods of moving through the material. Text in italic type suggests actual articulation by the facilitator.

The primary intents of the guide are to insure that key points are covered and to assist the facilitator in accomplishing this. It is not intended that a user memorize or read these instructions. Each facilitator’s individual knowledge and experience should be incorporated in the presentation; for instance, the facilitator can introduce illustrations of key points in addition to the examples provided

FOCUS AREA IVB: STATE-TRIBAL

PARTNERSHIPS

AttributesTime

6 hours, 30 minutes

Rationale

A state-tribal partnership is essential to achieve both (a) the best interests of Native children and their families and (b) full compliance with the Indian Child Welfare Act and other federal child welfare laws pertaining to Indian children. State-tribal partnerships are also important because of the unique and singular relationship tribes have with states due their sovereign nation status. Tribes represent governments within the boundaries of state geographical boundaries. The Indian Child Welfare Act, historical issues of disproportionality, as well as distinctive cultural values with regard to child protection and family preservation, are factors which must be considered in the provision of child welfare services involving Native American children This focus area will provide participants with the knowledge and skills to improve state-tribal relations in child welfare and will result in meaningful Tribal involvement in the Child and Family Services Review (CFSR) process.

Audience

Participants may include:

Senior management

Tribal representatives

Tribal courts

Field managers

Program managers

Child and Family Services Reviews (CFSR) / Child and

Family Services Plan (CFSP) coordinators

County managers

Supervisors

K

Focus Area IVB: State-Tribal Partnerships 1

Designated group leaders

Continuous Quality Improvement (CQI) / Quality

Assurance (QA) supervisor

Training supervisor

Community stakeholders

Indian Child Welfare Act (ICWA) experts

Expected Outcomes

Participants will:

Understand and describe the meaning of tribal sovereignty.

Understand and describe the benefits of tribal involvement

in child welfare agency planning and decision-making.

Identify tribes and Native communities in their state,

including urban Native organizations, as well as how to

identify and involve key tribal representatives.

Describe the unique characteristics of state-tribal

relationships that are factors in developing effective

partnerships with tribes and tribal organizations in child

welfare.

Assess the state child welfare system’s current partnering

efforts with tribes/tribal organizations.

Identify strategies through the initial development of action

plans to engage, improve collaboration and incorporate

tribal participation throughout the CFSR process.

Materials

Agenda

Index cards

Participant Workbook

Pages 5-6 (Approaches to Collaboration… State-Tribal

Partnerships) of Stakeholder Involvement and Interagency

Collaboration: An Overview of NRCOI Training and


Technical Assistance. National Child Welfare Resource

Center for Organizational Improvement,

http://muskie.usm.maine.edu/helpkids/rcpdfs/stakeholderfa

cts.pdf

Focus Area IVB PowerPoint handout

Focus Area IVB PowerPoint slide show

CFSR Overview PowerPoint slide show (optional)

CFSR Overview PowerPoint handout (optional)

SVGA projector

Projection screen

Facility with required seating

Butcher paper

4 classroom-sized flip charts (approx. 20 pages each)

2 easels

Name tents

Tape

Markers (assorted colors)

Evaluation Form

Advance Preparation

This focus area is designed for presentation by staff familiar with

the American Indian tribes and culture, the Indian Child Welfare

Act, the CFSR, state/Federal laws and related practices, and the

current state of collaboration between the state and tribes within

the state. Facilitators should be comfortable enough with the

materials to be able to customize the content for the participant

mix.

In order to present a balanced perspective and to gain knowledge

about how best to develop state-tribal relationships, it is important

to assure that there will be tribal representation at the working

session. The facilitator should know what tribal representatives –


http://muskie.usm.maine.edu/helpkids/rcpdfs/stakeholderfacts.pdf

http://muskie.usm.maine.edu/helpkids/rcpdfs/stakeholderfacts.pdf

from what tribe(s) and tribal agencies – will participate in the

working session.

Tribal invitees may not feel this “state” working session is

applicable to them. If possible, then, the facilitator should (in

collaboration with a state agency representative) contact tribal

representatives in advance to encourage their participation at the

working session and explain the agenda. Ask an appropriate tribal

representative if they are willing to begin the working session with

a prayer and the same or another representative to end the meeting

with a traditional closing (giving thanks for the important

discussion throughout the day and requesting guidance to continue

to develop State-Tribal Partnerships that will ensure the well-being

of all children and families). If so, have small gifts of appreciation

(tobacco, sweetgrass, sage, cloth, etc.) to present to the person(s)

following the invocation and closing.

In addition, the facilitator should:

Prepare an Agenda (page 1 in Participant Workbook) and

modify the Expected Outcomes (page 2 in the Participant

Workbook) to reflect the focus in this working session

selected by the state.

Review the Indian Child Welfare Act.

Gather and review state-specific outcomes, reports,

measures, the CFSR and PIP reports, and state plan

activities involving tribes and Native American children.

Research the proportionality of the state’s Native American

population and its representation in the child welfare

system; note this information on page 25 of this guide for

reference during the working session.

Research and develop an understanding of the current state

of collaboration between the agency and tribes in the state;


e.g.,

o Does a collaborative relationship exist?

o Are there tribal protocols, agreements, and legislative

directives in place regarding tribal-state relations?

If so, why and how did that happen?

If not, what barriers/dynamics exist?

o Who are the key tribal and state participants of any

current collaboration in the state – individuals/groups?

o Are there any significant issues that might impact this

meeting (for example, a current contested ICWA case

that could become the focus of discussion)?

o What entity is responsible for child welfare services on

Indian lands in the state?

Tribe only?

Tribe and State?

State only?

Is this a P.L. 280 state?

Select one of the three scenarios (Handouts 10-12) based

on its relevance to the state or, if none of these are

appropriate, develop a brief scenario that more closely

matches the situation of tribal engagement in the state and

insert it as Scenario 4 in Handout 13 of the Participant

Workbook.

Determine local terminology/definitions for key words,

such as titles, goals, outcomes, etc.

Retrieve the relevant Tribal State Fact Sheet, if available,

from the National Indian Child Welfare Association

website:

http://www.nicwa.org/resources/factsheets/index.asp

Modify the state-specific PowerPoint slide (slide #6) with

the state-specific information from the Tribal State Fact

Sheet.


http://www.nicwa.org/resources/factsheets/index.asp

Prepare a Participant Workbook for each participant.

Prepare the room.

Additional Considerations – Facilitators should anticipate a mix of

participants from both the tribal leadership/social services and the

child welfare agency sectors. It is likely that the tribal participants

may have limited experience with or knowledge of the CFSR and

its impact on the tribe or on Native American children in the state

child welfare system. As a result, facilitators must be prepared to

provide a brief overview of the CFSR following the

“Commencement.” This background material can be provided by

the facilitators or – through prearrangement – y experienced

representatives of the agency.

Bibliography and Suggested Readings

All curricula in The CFSR Comprehensive Training and

Technical Assistance Package

Indian Child Welfare Act

U.S. Department of Health and Human Services,

Administration for Children and Families, Children’s

Bureau. (2006, January). Tribal-State Relations.

Washington, D.C.: Child Information Gateway.

http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/

index.cfm

U.S. Department of Health and Human Services,

Administration for Children and Families, Children’s

Bureau. (n.d.). Appendix J Collaborating During the Child

and Family Services Reviews (Child and Family Services

Reviews Procedures Manual).

http://www.acf.hhs.gov/programs/cb/cwmonitoring/tools_g

uide/procedures/appendixj.pdf

NICWA State Fact Sheets (www.nicwa.org)


http://www.nicwa.org/

http://www.acf.hhs.gov/programs/cb/cwmonitoring/tools_guide/procedures/appendixj.pdf

http://www.acf.hhs.gov/programs/cb/cwmonitoring/tools_guide/procedures/appendixj.pdf

http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

Facilitator’s Instructions Facilitator’s Notes

COMMENCEMENT (30 minutes)

*{Slide 1 – title slide}

Welcome, Purpose and Introduction of Facilitator(s)

Welcome participants.

*{Slide 2 – Introduction}

Introduce facilitator(s)

My name is ______________________________ and I will be

(one of) your facilitator(s) for this session. My background is

[emphasize experiences / responsibilities relevant to the

working session]. It is my hope that we can learn a lot from

each other today.

Explain the purpose of the working session and the importance of

its subject matter.

This working session was requested by ________________.

The purpose of this working session is to assist the state

agency prepare for the next round of the Child and Family

Services Review. The best possible hope for child protection

anywhere is for the child welfare agency to invest in creating

community-wide alliances, where every relevant stakeholder

group and community constituency understands their role in

keeping children safe and supporting families.

Collaboration is not about funding – it’s about outcomes. The

CFSR process (particularly the PIP phase) provides an


opportunity to make systemic changes to achieve improved

outcomes. These outcomes will affect any Native American

child under state custody.

This working session explores the ways in which tribes and

Native American community organizations can advance their

sharing of information and collaborate with one another in

order to improve outcomes for the Native American children in

care.

Tribes, as stakeholders in child welfare, possess a unique and

singular relationship with states, governed by statute and

distinctive cultural values with regard to child protection and

family preservation. This working session will provide

information to and create opportunities for participants to

develop the knowledge and skills to obtain and maintain state-

tribal relations in child welfare.

Invocation

If a tribal participant has agreed to open the working session with

an invocation, briefly explain:

We would like to begin the meeting in a way that is customary

for many meetings involving tribal participants. An elder or

other tribal member begins the meeting with a blessing from

the Creator for the endeavor at hand. ________ has agreed to

open our meeting with such an invocation.

Proceed with invocation.

Following the invocation, thank and offer a small gift to the

participant who gave the invocation.


Participant Introductions and Expectations

Ask each participant to

a) introduce himself/herself, including name and role;

b) describe his/her interest in the focus area, including

familiarity / experience with the subject matter; and

c) complete the sentence: “This working session will be a

success if I leave here knowing __________.”

Expected Outcomes and Participant Expectations

Refer participants to page 1 of the Participant Workbook, Handout

1 (Expected Outcomes).

Review the expected outcomes and describe how/if the working

session will meet each participant’s learning expectation(s).

Clearly state any expectations that will not be met by this working

session.

Note that:

Although there will be discussion on the Indian Child Welfare

Act, this is not a training that is focusing specifically on

compliance with ICWA. However, the outcomes from this

working session will hopefully result in better collaboration

between the state and tribes, creating an improved child

welfare services system for all children.

You should depart this working session with new insight, able

to develop an Action Plan for improving state-tribal

collaboration in your state and improved cooperation and

partnership during the Child and Family Services Review.

Agenda, Ground Rules and Housekeeping


[Note the goals/issues that came

up that will not be addressed in

the working session. Pass these

on – with any recommendations –

to agency leadership.]


2 (Agenda).

Gain agreement on “ground rules” and housekeeping:

Receiving / making cell phone calls

Breaks

o Length (15 minutes)

o Frequency and times

o Areas (locations)

smoking

restrooms

public telephones

Lunch

o Food is available at ____________________

Introduce participants to their packet of material. If not all

materials in the curricula will be covered, acknowledge the

tailoring of the working session to meet the needs of the individual

state:

The material is quite extensive and only portions of it have

been identified for use in this working session. There may be

materials in your workbook that we do not cover and slides

that we’ll bypass. I encourage you, however, to review these

workbook materials at a later time as they may provide

additional thoughts and insights that you will find helpful.

Prepare participants for small group activities and possible changes

in the room accommodations necessary to conduct them:

How assignments will be made (and rationale).

How tables and chairs will be arranged.

Explain:

One of the elements to consider in planning state-tribal [That learning styles and


meetings is the timing, pacing, and breadth of the agenda and

expected outcomes. Expectations around format and meeting

styles may be an area of cultural difference.

State meetings are often planned with values on using

resources effectively and accomplishing as much as possible in

the allotted time. Meetings tend to be fast-paced and cover a

lot of material. Participants develop skills in assimilating

information quickly, verbal exchanges are quick and concise,

and there is a norm to move quickly to making decisions.

For example, most state agency staff are very aware of the

CFSR process and are ready to dive into the material. On the

other hand, tribal invitees (or anyone outside of the state

system) may be only slightly, or perhaps not at all, familiar

with the CFSR and it is important to recognize this before

moving “full speed ahead.”

Tribal meetings are often planned with values for creating a

shared vision and as much consensus as possible. Attention is

given to creating an environment where all viewpoints can be

heard and considered before decisions are made. Meetings

are slower paced to allow participants time to consider the

other points of view expressed, humor is used to relieve the

tension of diverse viewpoints and reinforce common bonds,

and agendas and timeframes are considered flexible. The

expected outcome is to go as far as the group is able to go

while maintaining group cohesion.

personality characteristics of

participants affect the meeting

process is generally recognized.

This portion of the introduction

acknowledges some

manifestations of the cultural

differences among participants.

The intent of this portion of the

introduction is that participants

recognize these differences so

that they can remain cognizant of

and sensitive to them not only

during this working session but in

their on-going collaborative

efforts.]

CFSR OVERVIEW (45 minutes) [The CFSR Overview is optional

but should be inserted here if


participants have not received it

in previous a working session.]

Icebreaker: “How to Treat the Common Cold” (15 minutes)

For this exercise, in smaller groups solicit verbal responses and

record them on a flip chart. In larger groups, place paper and pens

on each table, pose the question and ask for written responses;

collect these written responses and record them on a flip chart or a

Word document projected on the screen.

Point out that, when establishing communication with cultures

other than our own it, is important to examine assumptions

regarding cultural values:

In considering State-Tribal Partnership, it is important to

acknowledge differences in communication styles and

expectations about family, child welfare and risk assessment.

Cultural values influence even the most mundane decision-

making and choices, even those as basic as our approach to

self care.

Create an example by asking participants:

How would you treat a common cold?

When most people have had a chance to respond, point out how

differently people handle a common human problem. Ask:

Which is best?

Where do we get these solutions?

Point out that these are influenced by culture and that responses to

other problems may also be culturally shaped.

Now pick the two most different remedies (often this is chicken

[Exercise adapted from James

Leigh, University of Washington]


soup vs. Vicks). Ask:

How does the chicken soup person feel if their partner tries to

help them with Vicks?

How does the Vicks person feel at the reaction?

Point out that in child welfare a similar dynamic is happening.


3 (American Indian Values) and review it briefly. Initiate a

discussion about common experiences that have indicated value

differences.

CONTEXT OF THE RELATIONSHIP BETWEEN THE

FEDERAL GOVERNMENT AND INDIAN TRIBES (45

minutes)

Having explored value differences, introduce the context of the

relationship between federal and tribal governments:

Historically, there have been difficulties in most regions of the

country developing positive tribal-state relationships –

especially in the arena of child welfare. We will explore these

difficulties and address how to overcome challenges.

*{Slide 3 – The Context of the Relationship …}

In order to understand the root of these issues, it is important

to first know the context of the federal-tribal relationships.

Invite tribal participants to add their own knowledge about historic

relationships during this presentation.

*{Slide 4 – Map of U.S. showing tribal lands}


Remind the audience that the entire land base of the United States

was once “Indian country” and that the small areas sprinkled

throughout the country are what are designated as tribal lands

today.

*{Slide 5 – Native American Statistics - USA}

Provide an overview of the most recent US Census data for Native

Americans in the U.S.A.

*{Slide 5 – Native American Statistics – (State)}

Provide an overview of the most recent US Census data for Native

Americans in the state.

*{Slide 7 – History’s Impact on Child Welfare in American Indian

Communities}

Let’s look at some of the events which have impacted American

Indian communities.

*{Slide 8– Key Laws Affecting Indian Tribes}

Numerous laws over the past two centuries have been enacted

which have had a devastating impact on the social structures

of Native American people. We will briefly review some of the

major laws or policies that have impacted present day child

welfare in Native American communities.

*{Slide 9 – Federal Policies of the 1800s}


Cover the points on the slide.

*{Slide 10 – Civilization Fund Act - 1819}


*{Slide 11 – Removal Act, 1830}


*{Slide 12 – Indian Boarding Schools 1860s - Present}


*{Slide 13 – Dawes Allotment Act, 1887}


*{Slide 14 – Indian Citizenship Act, 1924}


*{Slide 15 – untitled}

In 1953, Congress perceived inadequate law enforcement in

Indian country and enacted Public Law 83-280 ("P.L. 280") to

address the problem.

*{Slide 16 – Public Law 83-280, 1953}

P.L. 280 conferred jurisdiction on certain states over most or

all of Indian country within their borders and suspended


enforcement of the Major Crimes Act and the General Crimes

Act (or Inter-racial Crimes Act) in those areas. The statute

also authorized other states to assume that jurisdiction. This

effort to allow local authorities to address local criminal

conditions was not intended to deprive tribal governments of

their authority. As a result, the federal government and the vast

majority of state and federal courts to consider the issue have

agreed that tribes retain concurrent jurisdiction to enforce

laws in Indian country. In addition, the Federal Government

retains jurisdiction to enforce nearly all federal criminal laws

in Indian country.

*{Slide 17 – Public Law 280, cont.}


*{Slide 18 – Federal Policies, 1950s-60s}


*{Slide 19 – Empowerment in the 1970s}


*{Slide 20 – Public Law 93-638, Indian Self-Determination Act,

1975}


*{Slides 21&22 – untitled}

Cover the points on the slides.


Proceed:

Because tribes are governments, the relationship between

tribes and the federal government is sometimes described as

“government-to-government,” and the President has directed

each federal agency to operate within this relationship.

Among other things, this means that federal agencies are not to

treat Indian tribes as “interest groups” or simply as part of the

general public. The relationship between tribes and states can

also be described as “government-to-government.”

In 2000, the President issued a new Executive Order on

"Consultation and Coordination with Indian Tribal

Governments." This Order emphasizes the unique government-

to-government relationship between the federal government

and tribal governments and the right of tribes to self-

government. Among other things, the Order requires that each

federal department have a process in place to ensure

"meaningful and timely" input by tribal officials in the

development of regulatory and other policies that have

"substantial direct effects" on one or more tribes, the

relationship between the federal government and tribes, or the

distribution of power between the federal government and

tribes.

Discuss the meaning of consultation with tribal governments:

Although there is no standard definition of “consultation,” it

generally does mean more than simply providing information

about what an agency is planning to do and allowing

concerned people to comment.

“Consultation” has been described as an enhanced form of


communication which emphasizes trust and respect. It is a

shared responsibility. It is an open and free exchange of

information and opinion among parties which leads to mutual

understanding and comprehension. Consultation is integral to

a deliberative process which results in mutually satisfying

collaboration and decision making.

*{Slide 23 – Tribal Sovereignty}

Indian tribes have a special status in American law as sovereign governments. Tribes also possess certain kinds of rights that are different from the rights of other Americans. Some of the special rights of tribes are based on treaties, some are based on acts of Congress, some are based on actions taken by the Executive Branch of the Federal Government, and others are clarified by federal court rulings. Consultation with tribes must be informed by awareness of the special status and rights that tribes possess.





*{Slide 26 – Jurisdiction Issues}

Indian tribes, as sovereigns that pre-exist the federal Union,

retain inherent sovereign powers over their members and


territory, including the power to exercise criminal jurisdiction

over Indians. The Constitution, which allocates powers of

government between the state and Federal Governments, vests

exclusive authority in the Federal Government to address the

affairs of Indians in Indian country. As a result, states lack

authority over Indians in Indian country absent congressional

authorization. Historically, this meant that the Federal

Government and Indian tribes jointly exercised criminal

jurisdiction over Indians in Indian country.





*{Slide 29 – Common Components of Tribal Government}

Move to a description of Tribal governments and bureaucracies,

with a comparison to state governments:

*{Slide 30 – untitled)


Segue into a discussion of the variety of viewpoints and the

spectrum of state relationships with tribes:

When addressing child welfare policy issues and the invitation

to contribute to policy, do we invite the State Governor to the

table? Although there may be similarities, each state and tribe


may have very different expectations. It is critical for each

state to research and inquire about appropriate contact

expectations and protocols. Some states have specific

expectations in this regard, some do not.

Provide examples of successful tribal-state collaboration:

Refer participants to pages 4-5 of the Participant’s

Workbook, Handout 4 (North Dakota Protocol When

Working With Tribes) and review it briefly. Note the

strong tribal-state collaboration in child welfare, including

tribal-state IV-E agreements.

Refer participants to pages 6-9 of the Participant’s

Workbook, Handout 5 (Tribal Comments and

Recommendations for Washington CFSR Self-Assessment)

and review it briefly. Refer participants to pages 10-12 of

the Participant Workbook, Handout 6 (Centennial Accord

between the Federally Recognized Indian Tribes in

Washington State and the State of Washington) and review

briefly. Note that Washington has developed an extensive

tribal-state ICWA Agreement

Refer participants to page 13 of the Participant Workbook,

Handout 7 (Montana Handbook on Tribes for the

Legislature 1985) and review it briefly. Refer participants

to pages 14-30 of the Participant Workbook, Handout 8

(Example of State-Tribal IV-E Agreement (Montana)) and

review it briefly. Note that Montana has well-established

Title IV-E agreements with all seven tribal governments

within the state.

Note that in Oregon, state leadership has emphasized

recognition of tribal sovereignty with a statute specifying

the relationships of all state government agencies with

tribes.

[The intention is to provide the

participants with a sense of the

many approaches to tribal

partnerships and to begin their

thinking in the direction of their

state’s specific circumstance with

regard to tribes.]


Note that South Dakota has recently developed a “Tribal-

State Collaborative Circle for Child Welfare.”

Note that a number of states have implemented Indian

Child Welfare Specialist positions and/or tribal liaisons.

Refer participants to page 31 of the Participant Workbook,

Handout 9, (Examples of Federal Tribal Consultation and

Coordination Policies) for additional references.

Provide each participant a copy of “Approaches to Collaboration…

State-Tribal Partnerships” from Stakeholder Involvement and

Interagency Collaboration: An Overview of NRCOI Training and

Technical Assistance.

CONTEXT FOR TRIBAL ENGAGEMENT IN CHILD

WELFARE (1 hour)

Continue the discussion of the historical context specific to

engaging tribes in the public child welfare agency system.

Exercise – The Road We Travel Together

Separate participants into small groups with tribal and state agency

representatives in each group. Provide each group with a large (6-8

feet) strip of butcher paper taped to the wall and colored markers.

[This unit highlights the troubling

experience that tribes have

experienced with outside agencies

– federal, state, and private –

which has resulted in difficulties

in establishing tribal-state

relationships. It is intended to

emphasize the need to distinguish

and acknowledge value

differences at every level when

attempting to engage tribes in

state child welfare issues.]

[The purpose of this group

exercise is to generate ideas by

discussing and documenting the

past, present and future of

collaboration in child welfare


Road maps provide pictures of how we travel from one

point to another – from our starting point to our

destination. I’d like each small group to draw a road map

of their tribe’s or agency’s journey in child welfare. Where

did the trip begin and what is the destination? Include

dates or eras, practice changes, past collaborative efforts

and hopes for future ones … everything you can think of

that has or will impact child welfare. Use whatever

symbols you think describe the experience, such as bridges,

u-turns, stop signs, speed limits, detours, winding roads,

freeways or dirt roads, etc. You’ll have 30 minutes to

complete your map. Please select someone in each small

group to present your results to the entire group.

After 30 minutes, provide each group approximately 5 minutes to

report back on a description of their ‘road map.’ Solicit discussion

as much as time allows.

Highlight the tribal child welfare perspective and factors leading to

the passage of the Indian Child Welfare Act:

*{Slide 31 – Context for Tribal Engagement in Child Welfare}


*{Slide 32 – Federal Child Welfare Legislation}


*{Slide 33 – Indian Child Welfare Act - 1978}

ICWA was a necessary response to the disastrous and

within the tribe/community/state

agency. This exercise has been

used at several national child

welfare planning meetings and

has been called “The River of

Culture.”]


traumatic outcomes of foster placement of Indian children in

non-Indian homes. ICWA has provided tribes the right to once

again have authority over their children. Under the Indian

Child Welfare Act (ICWA), child welfare agencies must ensure

notification and communication when tribal children are taken

into custody. ICWA also affirms Tribal jurisdiction over child

protective cases involving Indian children who are resident or

domiciled on tribal lands or are a ward of a tribal court, and

requires that Indian children be placed with relatives or Native

American families.


The Indian Child Welfare Act of 1978 provided the momentum

for tribes to take an active role with state child welfare

agencies. The Indian Child Welfare Act gave tribes the

authority to intervene in child custody proceedings under state

jurisdiction when it involved their tribal members. Prior to

ICWA, generations of children had been lost to foster care and

adoption. The following slides provide a brief overview of the

historical and traumatic events which have colored the tribal

view of tribal-state relationships. It is important to understand

the past in order to effect change today and in the future.

*{Slide 35 – Cultural Competence}

It is a fact that children of color are overrepresented in the

national child welfare. Effective social work requires a level of

cultural competence to meet the needs of these children and

families. In the effort to collaborate with tribes, cultural

competence or the effort to improve cultural competence is a

key factor in engaging dialogue.




*{Slide 37 – World View}


TRIBAL CHILD WELFARE ISSUES TODAY (30 minutes)

Preface current issues:

There was a time when tribes didn’t need any kind of outside

help to care for their children. Tribal communities had no need

for the type of child welfare systems that exists in mainstream

society today. Traditional beliefs, customs and values about

child rearing and protection provided the infrastructure of

traditional American/ Alaska Native child welfare.

Unfortunately, this natural system of protection for children

has been deeply affected by historical events which we have

talked about earlier. As tribes struggle to address the needs of

these children and families, a variety of issues must be

addressed.

*{Slide 38 – Current Tribal Child Welfare Issues}

In spite of 28 years since its passage, ICWA compliance is

spotty throughout the nation. In areas where tribes and states

have developed positive state-tribal collaboration, ICWA

compliance is generally improved as well.

The need for Native American foster families is a priority in

[Individuals may comment on

how tribal programs function in

the context of implementing child

welfare services in Native

American communities while

concurrently adhering to

necessary federal regulations. For

example, certain aspects of the


both state and tribal child welfare systems; development of

tribal-state advisory groups for recruitment/retention have

proven effective in many states.

Mainstream adoption has been problematic for many tribes

since tribes have lost so many of their children, prior to ICWA,

to non-Indian adoptive placements. Yet adoption is a common

practice among most tribes. Many tribes are beginning to

utilize the practice of customary adoption (adoption without

the termination of parental rights) as a way to regain the

traditional adoption practices of the tribe. While customary

adoption has not yet been embraced by state child welfare

systems, the practice has been sanctioned by the federal

Administration for Children and Families through the granting

of adoption subsidies for families who adopt IV-E eligible

children through the tribe’s customary law.

*{Slide 39 – Disproportionality in Child Welfare}

Today, Native American children are overrepresented in

several state child welfare systems or are placed in out of

home care at a higher rate than non-Indian children.

*{Slide 40 - untitled}

Refer to each of the “roadmaps” descriptions of present

circumstances as well as hopes for future directions. Ask tribal

participants to identify some of the key child welfare issues in their

communities.

Write these on flip charts.

Adoption and Safe Families Act

require petitions to terminate

parental rights in certain

circumstances. Termination of

parental rights may directly

conflict with tribal custom and

tradition. For tribes that have

entered into tribal-state IVE

agreements, these federal

requirements conflict with tribal

law.]

[Insert state-specific information

on representation of Native

American children in the child

welfare system and its

proportionality with the general

population.]


Ask all participants to provide input on how these and other

critical issues identified earlier are being addressed or how

solutions may be found through tribal-state collaboration. Explore

creative ways that tribes maintain traditional values while

protecting the safety and permanence of their children.

TRIBAL ENGAGEMENT – REPRESENTATIVE

SCENARIOS (45 minutes)

Separate participants into three small groups. Ask each group to

identify a recorder and a reporter. Refer all three groups to the

selected Scenario (from Handouts 10-13, pages 32-35 of the

Participant Workbook). Ask each group to answer these questions

(write these on flipchart at front of room) about the Scenario:

You realize that you have no idea how or who to contact

within the tribe. What steps will you take?

What method of contact will you use? Letter (to whom)?

Meeting(s) (with whom)? Other?

How will you determine who is an appropriate tribal

representative?

Who will you contact to represent tribes and why?

How will you involve the tribal representatives, once you

have identified them?

Give the small groups twenty (20) minutes to answer the

questions.

After 20 minutes, ask the reporter from each group to present their

group’s answers to the scenario questions.

[The intent of this small group

activity is to give participants an

opportunity to use working

session information to respond to

specific scenarios.]


CFSRs AND TRIBAL INVOLVEMENT – BENEFITS OF

COLLABORATING WITH TRIBES (45 minutes)

*{Slide 41 – Best Interests of Indian Children}

Explore with participants the benefits of collaboration in the

following areas (including issues related to access, cultural

competency, and quality assurance):

Consultation: i.e., without appropriate consultation with

tribal governments and key community leaders, state-tribal

relationships have no meaningful foundation.

ICWA compliance: i.e., as a means of achieving

permanency and connection to family and culture

Service array: i.e., many tribal communities lack the full

service array necessary to meet the needs of community

members; lack of services may result in Native American

children remaining under state jurisdiction, simply because

their tribe cannot offer specialized services (i.e. mental

health, substance abuse treatment, etc) that they may

require.

Training: i.e., while the need for training (for staff, foster

parents, etc) may be great, the opportunities to share

training resources between state and tribal communities

may be one of the easiest steps towards building state-tribal

collaboration

Recruitment and retention of foster and adoptive homes.

Licensing of homes: i.e., tribes continue to debate with

states whether tribal licensing standards will be accepted by

state agencies and whether tribal licensing may be applied

to families living off the reservation. The issue of licensing


varies from tribe to tribe and state to state.

Foster parent training: i.e., like foster parent licensing,

training is an issue for many tribal child welfare systems

who want to assure that their foster parents receive

culturally appropriate training for families living on and off

the reservation.

Ask the small groups to discuss the major issues that have been

identified as areas of need in addressing state/tribal consultation.

Ask them to consider their specific state experience and their

knowledge of the tribe(s) in their state. Give them ten minutes for

this discussion.

At the end of ten minutes, ask individual participants to identify

and write on an index card what they consider to be the priority

State/Tribal Partnership need in their state. Collect the cards from

the tables.

Based on the previous scenarios, consider the importance of

tribal participation in the CFSR process as well as practical

steps for involving tribes. The scenarios may provide examples

of how state agencies may learn better ways of engaging tribal

governments and tribal social services.

The CFSR may affect tribal entities, whether they be federally

recognized, reservations or urban communities, state

reservations, landless groups, California Rancherias, Alaskan

Tribal Corporation, etc. Let’s look at recommendations for

involving these tribal entities that have been developed through

feedback from a variety of sources experienced in tribal-state


collaborative efforts. Please add your own recommendations.

General Benefits

*{Slide 42 – Benefits of Collaborating with Tribes}

Statewide Assessment

*{Slides 43-45 – Statewide Assessment}

Onsite Review

*{Slide 46 – Onsite Review}

Program Improvement Plan

*{Slides 47-50 – PIP}

BREAK (15 minutes)

During the break, review the cards and categorize the priority

needs. Write the three categories with the most cards on separate

flipchart tablets.

PRACTICE STATE-TRIBAL ACTION PLAN (60 minutes)

Action Plans

*{Slide 51 – Action Planning}

Ask participants to break into the same three small groups as

previously. Assign each group one of the three priority needs

identified in the prior exercise. Refer participants to pages 36-45

of the Participant Workbook, Handout 14 (Program Improvement

Planning). Ask that each group develop an Action Plan to address


the group’s assigned need. Ask each group to identify a facilitator

and put their Action Plan, addressing the areas on the PIP planning

format, on a flip chart. Give the groups 35-40 minutes to define

their strategies.

After 35-40 minutes, ask the facilitator from each group to come to

the front of the room and outline the Plan developed by their group

to address the assigned priority need.

WRAP UP (15 minutes)

Summary

Although historical factors have played a significant role in

tensions between tribes and states, it is important to seize

opportunities to overcome these barriers. The CFSR provides a

unique opportunity for tribes to participate in a process that is

designed, by federal oversight, to improve state child welfare

systems. It is an opportunity that may open new doors for

ICWA compliance and improved tribal-state collaboration.

For the benefit of all children, and specifically for the benefit

of Native American children, it is an opportunity that must not

be lost.

Refer back to the expected outcomes listed in their workbooks and

solicit participant questions.

Thank participants for their time, focus, and commitment to

improving their collaborative efforts with the goal of improving

the lives of the children and families they serve.

Distribute and collect evaluations.


Traditional Closing

If a tribal representative has agreed to do so, ask them to close the

meeting.


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