Text of 1 Engaging Community Stakeholders and Building Community Partnerships: State-Tribal Partnerships
1 Engaging Community Stakeholders and Building Community Partnerships: State-Tribal Partnerships
2 Introduction Understanding the principles of Tribal Sovereignty, historical factors, and the Indian Child Welfare Act are key elements to developing positive state-tribal partnerships. This presentation will describe cultural distinctions that are the underpinnings of the statutes and protocols that guide the need for tribal engagement in child welfare.
3 The Context of the Relationship Between the Federal Government and Indian Tribes
5 Key Acronyms in Indian Country Native American Statistics - USA e Basic Numbers 4.1 million people reported as American Indian/Alaska Native (AI/AN) 2000 US. Census 1.4 million children under the age of 18 562 Federally Recognized Tribes Native American children are placed in out-of-home care at a rate that is 3.6 times higher than the general population
6 Native American Statistics (State) Federally recognized tribes = Total AI/AN population = Total AI/AN population
7 Historys Impact on Child Welfare in American Indian Communities
8 Key Laws Affecting Indian Tribes y Laws related to Indian Tribes 1819 Civilization Fund Act 1830 Removal Act 1887 Dawes Allotment Act 1924 Indian Citizenship Act 1934 Indian Reorganization Act 1953 Public Law 280 (limits of state jurisdiction) 1975 Indian Self-Determination Act 1978 Indian Child Welfare Act Court Rulings
9 Federal Policies of the 1800s American history and federal policy have impacted Indian tribes since first contact.
10 Civilization Fund Act-1819 The act intended to civilize and Christianize Indians through federal and private means.
11 Removal Act, 1830 Enacted to move Indians away from traditional homelands to Indian Territory west of the Mississippi
12 Indian Boarding Schools 1860s Present Native children were removed from home and sent to military style boarding schools
13 Dawes Allotment Act, 1887 Indian land divided up in effort to turn Indians into nuclear families and farmers Introduction of blood quantum concept of tribal enrollment
14 Indian Citizenship Act, 1924 American Indians granted United States Citizenship. And while all Native Americans were now citizens, not all states were prepared to allow them to vote. Western states, in particular, engaged in all sorts of legal ruses to deny Indians the ballot. It was not until almost the middle of the 20th century that the last three states, Maine, Arizona and New Mexico, finally granted the right to vote to Indians in their states.
15 In 1953, Congress perceived inadequate law enforcement in Indian country and enacted Public Law 83-280 ("P.L. 280") to address the problem.
16 Public Law 83-280, 1953 Public Law 280 is a federal statute enacted by Congress in 1953. It enabled states to assume criminal, as well as civil, jurisdiction in matters involving Indians as litigants on reservation land. Previous to the enactment of Public Law 280, these matters were dealt with in either tribal and/or federal court. Essentially, Public Law 280 was an attempt by the federal government to reduce its role in Indian affairs.
17 Public Law 280, cont. Without tribal agreement, six states which were obligated to assume jurisdiction from the outset of the law: Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin. States that have assumed at least some jurisdiction since the enactment of Public Law 280 include: Nevada, South Dakota, Washington, Florida, Idaho, Montana, North Dakota, Arizona, Iowa, and Utah. After 1968, tribal agreement was required before state assumption of jurisdiction.
18 Federal Policies, 1950-60s Federal and private agency policies and practices impact Native American children and families-- Indian Adoption Project (Bureau of Indian Affairs and the Child Welfare League of America)-1958 Relocation Program - 1950s 1960s: tribes began questioning placement rate of their children into non-Indian homes
19 Empowerment in the 1970s 1970s: Association on American Indian Affairs, New York, conducted surveys to find out extent of Indian child welfare issues. Studies found 25-35% of all Indian children had been removed from families and placed in non-Indian care Findings created and expressed national tribal concern, then action and advocacy In 1978 Congress passed Indian Child Welfare Act
20 Public Law 93-638 Indian Self-Determination Act, 1975 The Indian Self-Determination and Education Assistance Act (PL93-638) gave official US sanction to promote Indian self-governance by the tribes. It did so by allowing the tribes to contract with federal agencies such as the Bureau of Indian Affairs (BIA) and Indian Health Services (IHS) to operate these formerly federally operated delivery systems through 638 contracts.
21 In April 1994, President Bill Clinton reinforced the longstanding federal policy supporting self-determination for Indian Nations and directed federal agencies to deal with Indian Nations on a government-to-government basis when tribal governmental or treaty rights are at issue. Each President since Lyndon Johnson has formally recognized the sovereign status of Indian Nations.
22 The five main principles of President Clintons policy required agencies to: (a) Operate within a government-to-government relationship with tribes (b) Consult, to the greatest extent practicable, with tribes prior to taking actions that affect tribes (c) Assess the impact of all federal plans, projects, programs, and activities on tribal trust resources, and assure those tribes rights and concerns are considered during the development of plans, projects, programs and activities (d) Take appropriate steps to remove procedural impediments to working directly and effectively with tribes on activities affecting the property or rights of tribes (e) Work cooperatively with other agencies to accomplish the goals of this memorandum
23 Tribal Sovereignty Indian Reorganiza tion World View Reserva tions Tribal Sovereignty Treaties ICW A Indian Self Determina tion Act Sovereig nty
24 Tribal governments are acknowledged in the U.S. Constitution and hundreds of treaties, federal laws, and court cases as distinct political entities with the inherent power to govern themselves.
25 The essence of tribal sovereignty is tribes ability to make and enforce their own laws and programs to promote the heath, safety, and welfare of tribal citizens within tribal territory.
26 Jurisdictional 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.
27 Tribes also have exclusive jurisdiction over such proceedings when they involve an Indian child who is a ward of the tribal court, regardless of where the child resides. Custody proceedings covered by the act include foster care placement, the termination of parental rights, and pre- adoptive and adoptive placement.
28 The federal government also has key responsibilities to tribes. The federal trust responsibility, one of the most important doctrines in federal Indian law, is the federal governments obligation to protect tribal self-governance, lands, assets, resources, and treaty rights and to carry out the directions of federal statutes and court cases. The federal relationship with tribal governments also limits the role of state governments on tribal lands.
29 Common Components in Tribal Governments (note there are over 560 federally recognized distinct tribes)
30 The historic oppression of Native Peoples has resulted in an historic mistrust of state and federal governmental agencies.
31 Context for Tribal Engagement in Child Welfare American Indian cultural values are distinct from those that frame mainstream child welfare systems Mainstream child welfare systems have not always acknowledged these differences. Historical events have had a profound effect on tribal-state relationships
32 Federal child welfare legislation is not always viewed in a positive way by Native Americans. It was feared that laws, such as the Multi-ethnic Placement Act and Adoption and Safe Families Act could cause confusion with ICWA compliance The Adoption and Safe Families Act was initially viewed as just another method to find permanency for Native American children in adoption placements -- such as the 1950s Indian Adoption Project.
33 Indian Child Welfare Act -1978 The stated purpose of ICWA is to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families. The ac