After 18 & ICWA

Eligibility and Practice considerations with Tribal

Youth

Version 1.0, December 5, 2012

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Agenda

- Demographics- After 18 Values- Quick Facts- Native American Values & Beliefs- Small Group Discussion- AB 2418 - Eligibility for After 18- Participation in After 18

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Agenda (continued)

- Placement- Permanency – TCA & Adult Adoptions- Kin-GAP- Legal Process & Engaging the Tribe- Small Group Discussion- Re-entry- Question and Answer

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Learning Objectives

Knowledge:• K1. The trainee will be able to identify the basic

provisions of the AB12/212/1712 legislation and its impact on Native American youth in foster care.

• K2. The trainee will be able to identify basic facts about the demographics of Native American youth in California, foster care and disproportionate representation.

• K3. The trainee will be able to identify key similarities and differences between After 18 Values and common Native American values and beliefs.

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Learning Objectives

• K4. The trainee will be able to identify the basic eligibility for participation in After 18 and specific issues related to tribal youth.

• K5. The trainee will be able to identify how Tribal Customary Adoption and Adult Adoption per AB1712

and Kin-GAP support permanency in After 18.

• K6. The trainee will be able to identify the differences between “Active Efforts” and “Reasonable Efforts” in engaging tribal youth.

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Learning Objectives

Skills:

• S1. Using small group discussion, the trainee will be able to describe and implement “Active Efforts” when engaging youth to remain in EFC or re-enter.

Values:

• V1. The trainee will value the benefits of extended foster care for non-minor dependent youth.

• V2. The trainee will value common Native American values and beliefs.

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Learning Objectives

• V3. The trainee will value the role of Tribal Customary Adoption and its role in permanency for tribal youth.

• V4. The trainee will value of encouraging trust when engaging Tribal communities.

• V5. The trainee will value collaboration and the use of participatory team-based practices with emerging adults, service providers and others engaged in supporting young adults in transition.

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2012 California Department of Finance Child Population Projections

CaliforniaEthnic Group Ethnic Group

TotalBlack White Hispanic Asian/P.I. Native Other

Black613,585 . . . . . 613,585

White. 2,955,752 . . . . 2,955,752

Hispanic. . 5,732,827 . . . 5,732,827

Asian/P.I.. . . 1,233,658 . . 1,233,658

Nat Amer. . . . 42,518 . 42,518

Other. . . . . 507,585 507,585

Total613,585 2,955,752 5,732,827 1,233,658 42,518 507,585 11,085,925

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Point in Time July 2012

Year 2012

Native Americans 812

California Total 55,7529

Native American Children in California Foster Care

Year 1998 1999 2000 2001 2002 2003 2004  

Native Americans 1,199 1,163 1,161 1,105 1,024 956 939  

California Total 108,061 109,334 103,498 95,584 90,763 86,178 81,547  

Year 2005 2006 2007 2008 2009 2010 2011

Native Americans 939 1,004 979 881 777 792 830

California Total 79,122 76,843 74,993 68,036 62,081 57,495 56,062

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Disproportionality in California

• .04% Native American children in California

• 1% Native American children in Foster Care in California

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First Entries into Foster Care, by Race/Ethnicity: 2009-2011 

California Rate per 1,000

 

African American/Black8.4

Asian/Pacific Islander0.8

Caucasian/White2.5

Hispanic/Latino2.6

Native American/Alaska Native

7.6

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Age of Native American Children in Foster Care

Under 1 46

1-2 years117

3-5 years132

6-10 years176

11-15 years205

16-17 years 95

18-20 years 41

Total 812

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After 18 Values

• Voice of Young Adults

• Assistance and Partnering

• Love and Belonging

• Unique Needs

• Eligibility is Maintained

• Development is Supported

Quick Facts

• Not all tribes are federally recognized.• Children may be descendants of tribal members

but not eligible for enrollment.• Spirit of ICWA intends to treat these as ICWA

cases following the Spirit of the Act.• Research shows that children who stay

connected to their culture and community have better outcomes

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More quick facts

• Many American Indians/Alaska Natives do not have complete knowledge of their tribal heritage and often will not claim their heritage when speaking with social workers.

• Being American Indian is not only a racial/ethnic distinction; it is also a political status.   

• The United States has a government to government relationship with American Indian/Alaska Native tribes

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Some common Native American Values & Beliefs

• Most Native American families are extended and often include mothers, fathers, grandparents, aunts, uncles and cousins. It is not uncommon to have adopted relatives in the household and all living in very close proximity to one another (Allison & Vining, 1999).

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• Native Americans highly value traditional beliefs concerning relation, harmony, balance, spirituality, and wellness; as part of valuing "relation" all these beliefs are interrelated. 

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Relation

• Central to Native American spiritual traditions is the importance of "relation" as a way of existing in the world.

• The power of relation is symbolized by the Circle of Life, represented throughout the traditions, customs and art forms of Native people (Dufrene, 1990).

• This Circle of Life is believed, in many tribal traditions, to consist of the basic elements of life: fire, earth, water and wind.

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Harmony and Balance

• Native American traditional values reflect the importance placed upon community contribution, sharing, cooperation, being, noninterference, community and extended family, harmony with nature, a time orientation toward living in the present, preference for explanation of natural phenomena according to the spiritual, and a deep respect for elders (Garret, 1999). 

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Wellness

• Traditional Native American views of healing and wellness emphasize seeking harmony within oneself, with others and with one's surroundings (Garrett & Carroll, 2000). 

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Spirituality

• In many Native American languages, there is no word for "religion" because spiritual practices are an integral part of every aspect of daily life; spirituality is necessary for the harmony and balance, or wellness, of the individual, family, clan and community (Locust, 1988). 

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Cultural Identity

• As in every culture, it is very important to consider the stage of personal identity development when looking at family practices, values, beliefs and attitudes. 

• Today, Native American families may identify themselves as either traditional, bicultural, or assimilated, which is largely based on the location of the household, language spoken at home, and the participation in religious events (Allison & Vining, 1999).  

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School Cultural Identity

• Education has always played a vital role in the Native American culture.

• Historically, Non-Natives utilized education to "civilize" the group, thus belittling the Native American culture's morals and traditional beliefs.

• Native Americans were further re-educated in their religious and spiritual beliefs.  

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Educational Facts

• In 2000, 90% of Native American students attend non-tribal, public schools (Sparks, 2000). 

• Make up some of the highest dropout rates of any minority group (Sparks, 2000) and a disproportionate number are identified as requiring special education services (Grossman, 1995)

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Higher Education

• Nationally, 7.6% Native Americans have a Bachelor's degree, compared with 15.5 % of the total population.

• Less than 4% of Native Americans have an advanced degree in comparison to 9% of the total population (American Demographics, 2002).

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Small group discussion

• Discuss how After 18 values and Native American values & beliefs may play into how tribal youth might want to engage in extended foster care or not.

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AB 2418

• In 2010 California passed AB 2418 which extends the definition of “Indian child” found in ICWA up to age 21 for a youth who is a member or eligible for membership in a tribe and remains under the jurisdiction of the state dependency court.

• This provision ensures that Native American Youth are eligible for receiving benefits under AB 12/212/1712 and ICWA applies to these youth.

 

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Amends W&IC § 224.1 (b):

– “Indian Child” means:• unmarried person who is 18 or older, but

under 21 • Tribal member, or eligible and biological child

of a member• Dependent child—unless person or attorney

elects not to be so considered– Proceedings must respect legal adult

status

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Participation in After 18

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Eligibility

• Are the requirements different for tribal youth?

No, they are the same.

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Eligibility Basics

• Open court case with out-of-home placement at age 18

• Satisfy at least 1 of 5 participation requirements

• Meet with Social Worker and update TILCP• Attend court or administrative review every

6 months• Live in a licensed/approved setting

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Participation Conditions• Be enrolled in high school

• Be enrolled in college/vocational school

• Work at least 80 hours/month

• Participate in a program/activity that removes barriers to employment

• Be unable to do one of the above due to medical conditions

Be sure to recognize tribal services when determining eligibility!

Placement

Where can tribal youth live?

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Licensed/Approved Placement

• Traditional placement options still available

• Limitations on group home placement

• 2 NEW Placement Options:

– THP-Plus Foster Care

– Supervised Independent Living (SILP)

• Tribe can “license” a home for an ICWA child using tribal housing standards, but only the county can obtain the live scan clearances for the tribe, so takes some coordination

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AFDC-FC

• As long as the youth remains under county jurisdiction in a tribal home the AFDC-FC money flows.

• SILP can be approved on tribal land.

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Extended Foster Care Benefits

• The same benefit rates apply

• New rates established for THP-Plus FC

• SILP is limited to basic AFDC-FC rate

• Wraparound services available

Permanency

Tribal Customary Adoption & Adult Adoptions

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Tribal Customary Adoption (TCA)

• Clarifies that a NMD Indian Child is eligible for TCA and Adoptions Assistance Payment is payable for a NMD TCA. WIC Sections 366.24, 366.26, 366.3 and 16120.

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AB1325

• On October 11, 2009, just in time for Indigenous People’s Day, Governor Arnold Schwarzenegger signed into law Assembly Bill 1325, which allows “tribal customary adoption” for American Indian children in foster care.

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Permanency Option

• Effective July 1, 2010, this statute adds to state law “tribal customary adoption” as a permanency option for a child who is a dependent of the juvenile court and eligible under the Indian Child Welfare Act (ICWA).

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TCA

• It defines tribal customary adoption as an adoption which occurs under the customs, laws or traditions of child’s tribe.

• Termination of parental rights (TPR) is not required to effect the tribal customary adoption. While tribal customary adoption is unique, it is intended to be a seamless integration into the current process of conventional adoption.

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AB1712 and Adult Adoption

• AB1712 will authorize the dependency court to order adult adoption as the permanent plan for a NMD, and to terminate its jurisdiction over a NMD following a final adult adoption. 

• Does not terminate parental rights.• Adoption Assistance Program (AAP)

available

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Small Group Discussion

• How are TCA and Adult Adoption similar and how do they support Tribal youth values?

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Kinship Guardianship Assistance Payments (Kin-GAP)

• Aid provided for children in kinship care.• Aid can be provided until age 21• Includes an adult who is either a member of

the Indian child's tribe, or an Indian custodian, as defined in Section 1903(6) of Title 25 of the United States Code. (11391 (3))

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Child Support

• AB212 and AB1712 modified statute to include ability to waive the requirement to collect child support for those in Kin-GAP

• Can determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services.

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Legal Process

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ICWA

• Federal law passed in 1978. • ICWA was passed in response to the alarmingly

high number of Indian children being removed from their homes by both public and private agencies.

• The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902).

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Active Efforts Definition

• States are required to provide active efforts to families, and the court will be asked to determine whether active efforts have been made.

• The definition of "active efforts" is left open in the Indian Child Welfare Act to accommodate individual case decisions.

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Active Efforts

• ICWA mandates the state to make active efforts in every ICWA case in two areas:– Provide services to the family to prevent

removal of an Indian child from his or her parent or Indian custodian

– Reunify an Indian child with his or her parent or Indian custodian after removal

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Active Efforts vs. Reasonable Efforts

• Active efforts is more intensive than "reasonable efforts."

• For example, reasonable efforts might be only a referral for services, but active efforts would be to arrange for the best-fitting services and help families engage in those services.

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Court Hearings

• ICWA hearings will also respect the status of the non-minor dependent youth as a legal adult.

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Resolving Disputes• Team Decision Making meetings, Emancipation

Conferences and mediation• Fair hearing process regarding

– Amount of the benefit– Termination of benefits – Denial of federal eligibility (ie: for youth placed with

relatives)

• The juvenile court will resolve disputes about the youth’s placement and sufficient participation

Engaging the Tribe

• Try to work out disputes with youth and tribe prior to bringing in the formal dispute process

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Four cornerstones that help encourage trust among Tribal people:

• Demonstrate respect for Elders, Tribal Leaders, elected Tribal Leaders, and Spiritual Leaders by acknowledging and appreciating their roles in the community and seeking their advice as experts of the community.

• Schedule meetings and events around meals, and impart the sense of importance of eating together combined with community sharing. This is a good time to recognize individuals new to the community, and to praise an individual’s or organization’s recent success.

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• Always publicly acknowledge Tribal participation at meetings and make sure non-Tribal participants know who in attendance is from one of the local reservations, and any who are recognized as leaders.

• Model a spirit of cross-cultural collaboration by including and recognizing the efforts of both Tribal and non-Tribal entities throughout your event.

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Small Group Discussion

In the context of Active Efforts requirements of ICWA, discuss how engaging a tribal youth might be different from engaging a non-tribal youth.

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Re-entry

• Youth can re-enter unlimited times prior to turning 21 yrs old.

• Youth must be informed of right to re-enter at termination hearing

• Re-entry process is intended to be as accessible and easy as possible

• Beginning date of aid is date NMD signs re-entry agreement AND is living in an eligible placement

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Youth who want to opt-out

• Hearing (WIC 391) must be held prior to terminating jurisdiction (and assistance)

• Eligibility for assistance does not end until the youth turns 21, but aid can be suspended at youth’s request or if the court finds the youth is not meeting participation requirements

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Re-Entry and Youth’s Income

• For non-minor dependent youth re-entering foster care:

• A new qualification for foster care benefits is needed

• Qualification is based solely on the youth’s income and property

• New documentation is needed

Per capita payments, minors trust accounts, tribal distributions

Please consult with the County Eligibility Worker

who will consult with the EAS 44-111.61

Most income from the tribe is exempt.

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Large Group Discussion

• In the context of Active Efforts, how might a social worker engage a tribal youth to re-enter foster care?

• What are some ways to engage youth?

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Conclusion

Question and Answer

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