American Indian Child Welfare: Minnesota and National Perspective Minnesota Department of Human Services May 2008

American Indian Child Welfare: American Indian Child Welfare: Minnesota and National Minnesota and National

Perspective Perspective

Minnesota Department of Human Services

May 2008

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American Indian Child Welfare: American Indian Child Welfare: Minnesota and National Minnesota and National Perspective Perspective This presentation will highlight:• Minnesota’s American Indian Child Welfare

Initiative (AICWI)• How other states approach tribal child

welfare • The states allocating funds to Tribes for

administration of child welfare services• Tribal-state interaction models.

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ObjectiveObjectiveThe project goals include:

• Compiling other states’ experiences in developing programs and relationships with tribal governments

• Comparing similarities, differences with Minnesota’s AICWI

• Incorporating lessons learned from other states’ experiences

• Providing contact information for state and tribal staff.

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Minnesota’s American Indian Minnesota’s American Indian Child Welfare Initiative (AICWI)Child Welfare Initiative (AICWI)•Collaboration between Tribes, counties

and the Minnesota Department of Human Services

•Funding for tribal delivery of child welfare services on reservations approved by the legislature and signed by governor

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Minnesota’s American Indian Minnesota’s American Indian Child Welfare Initiative (AICWI)Child Welfare Initiative (AICWI)

• Participants: Leech Lake Band of Ojibwe and White Earth Band of Ojibwe; and Becker, Beltrami, Cass, Clearwater, Hubbard, Itasca and Mahnomen counties

Map of Minnesota courtesy of http://geology.com/state-map/minnesota.shtml

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Minnesota’s American Indian Minnesota’s American Indian Child Welfare Initiative, cont. Child Welfare Initiative, cont.

•Funds are included in the department's base budget to ensure sustainability of the projects

•AICWI supports transfer of child welfare program responsibilities from the counties to the Tribes.

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AICWI provides child welfare AICWI provides child welfare funds to Tribes for:funds to Tribes for:

• Prevention of child abuse and neglect

• Family preservation

• Child protection

• Foster care costs

• Permanency options

• Alternative interventions.

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Capturing the data Capturing the data

• Contacted every child welfare department in states with Tribes

• Consulted with state child welfare staff qualified to answer questions

• Requested answers to specific questions related to AICWI

• Sent requests via e-mail and followed up by telephone.

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The United States The United States = American Indian reservation

Map of the United States, excluding the land of the sovereign American Indian reservations, courtesy of www.radicalcartography.net.

Dots and areas in white (except lakes)

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States with federally-recognized States with federally-recognized TribesTribes

= States with TribesMap courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm

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Federally-recognized Tribes per Federally-recognized Tribes per statestate

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6

7

4

712

1111

3

38

4

2 9

1

2

1

10

7

1

4

2

3

14

2

2222

19

4

104

229

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Map courtesy of Texas A&M Extension Services, http://monarch.tamu.edu/~maps2/us.htm

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• Of the 50 states, Washington D.C., and Puerto Rico, there are federally-recognized Tribes in 33

• Seventeen states have no federally-recognized Tribes:Vermont, New Hampshire, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Missouri, Kentucky, West Virginia, Virginia, Maryland, Delaware, Tennessee, Arkansas, Georgia and Hawaii.

States with federally-recognized States with federally-recognized TribesTribes

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Minnesota TribesMinnesota Tribes• Eleven total

• Seven Anishinabe (Ojibwe): Bois Forte Band of Ojibwe, Red Lake Band of Ojibwe, White Earth Band of Ojibwe, Leach Lake Band of Ojibwe, Mille Lacs Band of Ojibwe, Fon du Lac Band of Lake Superior, Grand Portage Band of Ojibwe

• Four Dakota Sioux: Upper Sioux Indian Community, Lower Sioux Indian Community, Shakopee Mdewakanton Indian Community and Prairie Island Indian Community.

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Red Lake

Fon du Lac

Mille Lacs

Boise Forte

Leech Lake

White Earth

Lower Sioux

Upper Sioux

Shakopee Mdewakanton

Prairie Island

Grand Portage

Minnesota Tribes

Map courtesy of National Atlas of the USA - INTERIOR-GEOLOGICAL SURVEY, RESTON, VA-2003

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Leech Lake

White Earth

American Indian Child Welfare Initiative

Map courtesy of National Atlas of the USA - INTERIOR-GEOLOGICAL SURVEY, RESTON, VA-2003

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Minnesota’s current policy – Minnesota’s current policy – maltreatment on reservationsmaltreatment on reservations

• Red Lake responds to all child maltreatment on reservation

• For all of the other reservations, county social services agencies are delegated authority by the state, therefore, the county has legal responsibility for all children on these reservations. However, process implementation varies from Tribe to Tribe.

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Minnesota’s current policy – Minnesota’s current policy – maltreatment on reservationsmaltreatment on reservations

• Counties and Tribes collaborate regarding reports of maltreatment to a greater or lesser extent

• Shakopee is an exception; it handles all child maltreatment for tribal members in their service area

• Outside the reservation, the county is the responding entity.

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Minnesota’s current policy – Minnesota’s current policy – funding of Indian child welfare funding of Indian child welfare servicesservices

Sources of funding include:• Federal Indian Child Welfare Act

grants/Bureau of Indian Affairs• Bureau of Indian Affairs Social Services

Grants• Federal Title IV-B funds• Minnesota Indian Family Preservation Act

Grants (may now be called ICWA grants)

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Minnesota’s current policy – Minnesota’s current policy – funding of Indian child welfare services funding of Indian child welfare services (continued)(continued)

• County funds

• Targeted Case Management – Medical Assistance reimbursement

• Foundation grants

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Minnesota’s current policy – Minnesota’s current policy – funding of foster carefunding of foster care

• County dollars

• State – no contribution except for American Indian Child Welfare Initiative

• Federal dollars:

Counties reimbursed through federal Title IV-

E (for eligible children) Indian Child Welfare Act appropriations

Bureau of Indian Affairs Foster Care (Red Lake).

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Focus of nationwide survey Focus of nationwide survey

•Are any states allocating funds to the Tribes for administration of American Indian child welfare services?

•Answers provided in maps and appendices at end of presentation (in matrix form).

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States responded to the following States responded to the following questions:questions:

• Which government (tribal or state/county) is responsible for responding to American Indian child welfare reports of maltreatment on the reservation? Off the reservation?

• How are American Indian child welfare services financed on the reservation? Off the reservation?

• Which government (tribal or state/county) pays for foster care costs of American Indian children on the reservation? Off the reservation?

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Who Answered the Who Answered the questions?questions?

Answered questions

Did not answer questions

No federally-recognized Tribes


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Question 1A – Which government entity is Question 1A – Which government entity is responsible for responding to reports of responsible for responding to reports of American Indian child maltreatment American Indian child maltreatment onon the the reservation? reservation?

Tribe

State / County

Combination

Did not respond


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Question 1A - Which government entity is Question 1A - Which government entity is responsible for responding to reports of American responsible for responding to reports of American Indian child maltreatment Indian child maltreatment onon the reservation the reservation (continued)?(continued)?

• The tribal government is the first responder for

all Tribes in 12 states (AZ, FL, KS, ME, MI, MS, NE, NV, NM, ND, OK, WY)

• In five states with multiple Tribes, some reservations have a tribal response, others a state/county response (MT, OR, SD, WA, WI)

• The state responds in Massachusetts and Alaska• The Tribes collaborate with counties for

responses in four states (AL, CA, LA, IA).

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Question 1B – Which government entity is Question 1B – Which government entity is responsible for responding to reports of American responsible for responding to reports of American Indian child maltreatment Indian child maltreatment outsideoutside the the reservation?reservation?

Tribe

State / County

Combination

Did not respond


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• Fifteen states have a state or county/parish response (AL, AK, FL, LA, IA, MA, MI, MT, ND, NE, NV, NM, OK, SD, WI)

• Six states utilize a tribal-state/county collaboration (AZ, CA, KS, ME, OR, WY)

• Mississippi defers to the Tribe if requested• Washington responds for 27 of the 29 Tribes, two

offer a tribal response.

Question 1B – Which government entity is Question 1B – Which government entity is responsible for responding to reports of American responsible for responding to reports of American Indian child maltreatment Indian child maltreatment outsideoutside the the reservation? (continued)reservation? (continued)

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Question 2A - How are American Indian child Question 2A - How are American Indian child welfare services funded welfare services funded onon the reservation? the reservation?

Tribe

State / County

Combination

State funds to Tribe


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Question 2A - How are American Indian child Question 2A - How are American Indian child welfare services funded welfare services funded onon the reservation? the reservation? (continued) (continued)

Examples of services provided:

• In Wisconsin, the state passes funds through the counties to the Tribes:

These funds finance programs such as alcohol and drug treatment, domestic violence

reduction, child care, health programs, elderly services and child welfare services

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• Three states provide funding to Tribes, administering their own child welfare programs (KS, WA, WY)

• The Tribes fund child welfare services for all children under their guardianship in 12 states (AL, AZ, FL, KS, LA, MA, ME, MS, NE, NV, OK, WI)

• Five states have a combination – child welfare services are funded by the Tribe on some reservations, and by the state or county on other reservations (CA, MI, MT, NM, SD). This is determined by contracts between the states and the Tribes


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• Iowa and Michigan finance all child welfare on the reservations.

• South Dakota has three responsible entities for nine Tribes – state (five), Tribe (three), and BIA (one)

• Oregon Tribes receive funding from multiple sources – Bureau of Indian Affairs, state system of care (a strength-based alternative response program), and federal grants

• Alaska has multiple funding sources for 229 Tribes (Bureau of Indian Affairs, ICWA grants and PL-632 contracts).

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Tribe

State / County

Combination


Question 2B - How are American Indian child Question 2B - How are American Indian child welfare services funded welfare services funded outsideoutside the the reservation?reservation?


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Question 2B - How are American Indian child Question 2B - How are American Indian child welfare services funded welfare services funded outsideoutside the reservation? the reservation? (continued)(continued)• The state or county provides funding in 12 states

(AZ, CA, FL, IA, MA, MI, NV, NM, ND, SD, WI, WY).

• The Tribes fund child welfare services for all children under their guardianship in seven states (AL, KS, LA, ME, MS, OK, WA).

• In Montana, child welfare services are funded by the Tribe on some reservations, and by the state or county on other reservations.

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• Nebraska offers tribal-state collaboration if Indian Child Welfare Act case is transferred to tribal court.

• Tribes in Oregon receive funding from multiple sources – Bureau of Indian Affairs, state system of care (a strength-based alternative response program), and federal grants.

• Alaska also has multiple funding sources for 229 Tribes (Bureau of Indian Affairs, ICWA grants and PL-632 contracts).

Question 2B - How are American Indian child Question 2B - How are American Indian child welfare services funded welfare services funded outsideoutside the reservation? the reservation? (continued)(continued)

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Question 3A - Which government entity pays Question 3A - Which government entity pays for American Indian child foster care costs for American Indian child foster care costs onon the reservation?the reservation?

Tribe

State / County

Combination



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Question 3A - Which government entity pays for Question 3A - Which government entity pays for American Indian child foster care costs American Indian child foster care costs onon the the reservation? (continued)reservation? (continued)

• Iowa and Wyoming allocate funding for the Tribes to administer their foster care programs.

• The Tribes finance child welfare services for all children under their guardianship in 10 states (AL, AK, AZ, FL, KS, MA, ME, MS, NM, NV).

• Foster care costs are funded by the Tribe on some reservations, and by the state or county on other reservations in six states (CA, MI, MT, SD, WA, WI).

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Question 3A - Which government entity pays for Question 3A - Which government entity pays for American Indian child foster care costs American Indian child foster care costs onon the the reservation? (continued)reservation? (continued)

• The state pays for all non Title IV-E eligible children in five states (LA, ND, NE, OK, OR).

• With one exception, Tribes have a limited Title IV-E Agreement in Michigan, which leaves most expenses to the state.

• South Dakota has four approaches with nine Tribes. The Casey Foundation (one), Bureau of Indian Affairs / state (six), and Public Law 638 funds (two) serve as the base for foster care funding.

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Question 3B - Which government entity Question 3B - Which government entity pays for American Indian child foster care pays for American Indian child foster care costs costs outsideoutside the reservation? the reservation?

Tribe

State / County

Combination



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Question 3B - Which government entity pays for Question 3B - Which government entity pays for American Indian child foster care costs American Indian child foster care costs outside outside the reservation? (continued)the reservation? (continued)

• The state or county provides the funding in nine states (AK, AZ, FL, MA, MT, NV, ND, SD, WI).

• The Tribes fund foster care for all children under their guardianship in five states (AL, KS, ME, MS, NM).

• The state pays for all non Title IV-E eligible children in four states (CA, LA, NE, OR).

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Question 3B - Which government entity pays for Question 3B - Which government entity pays for American Indian child foster care costs American Indian child foster care costs outside outside the reservation? (continued)the reservation? (continued)

• The state pays 100 percent of costs for Tribes without a Title IV-E Agreement in Michigan. Tribes with Title IV-E Agreements that cannot meet their foster care costs receive state funding to cover the balance.

• Iowa and Wyoming allocate funds for the Tribes to administer their foster care programs.

• Oklahoma uses Bureau of Indian Affairs (BIA) funds and other grants to pay costs for non Title IV-E eligible children.

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What other states’ policies What other states’ policies are similar to Minnesota’s?are similar to Minnesota’s?

• Kansas, Washington and Wyoming allocate state dollars to Tribes, which provide administration for child welfare on their reservations.

• Kansas, Iowa and Wyoming allocate state funding for the Tribes to administer American Indian foster care on their reservations.

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Other findingsOther findings• Michigan is drafting a new Title IV-E Agreement

that will provide funding to Tribes for administration, training, out-of-home placement costs, and adoption subsidies for Title IV-E eligible children. The state will provide matching funds for Tribes to fund child welfare costs.

• Nevada’s Indian population resides primarily in urban enclaves called Colonies, due to the remote nature of rural areas. This aids collaboration between state and Tribes.

• California has a Title IV-E Agreement with one Tribe (Karuk), and is working on adding more.

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Other findingsOther findings• Tribes in Florida can ask for state collaboration for Indian

child welfare services, however, they rarely make such requests

• Some Tribes respond to reports of maltreatment in Montana, yet the state encourages all reports to be made via the state’s central intake office

• Oregon has an advisory committee where government and tribal representatives jointly determine levels of state support for each tribe.

• Oklahoma has trust lands, not reservations. The Osage tribal land may become a reservation in the near future.

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Thank you for attending Thank you for attending Todd M. StumpResearch Analysis Specialist, Minnesota Department of Human ServicesChild Safety and Permanency DivisionSt. Paul MN 55164-0943 (651) [email protected]

For information on the American Indian Child Welfare Initiative, contact: Kris Johnson American Indian Child Welfare Initiative CoordinatorMinnesota Department of Human Services Child Safety and Permanency Division(651) 431-4677 [email protected]

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Appendix one and legend:Appendix one and legend:• ST = State

• #T = Number of Federally-recognized Tribes in state

• Q1 = Which government (tribal or state/county) is responsible for responding to reports of child maltreatment (A) on the reservation and (B) outside the reservation?

• Q2 = How are American Indian child welfare services financed (A) on the reservation and (B) outside of the reservation?

• Q3 = Which government (tribal or state/county) pays for foster care costs (A) on the reservation and (B) outside of the reservation?

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Appendix one and legend Appendix one and legend (continued):(continued):

• T = tribal responsibility

• S = State responsibility

• C = Combination state/Tribe responsibility (or within the state, some Tribes have full responsibility, while others do not).

• S$ = State dollars allocated to Tribes.

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•

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Appendix two – state contacts Appendix two – state contacts for tribal child welfarefor tribal child welfare

(see next slide)

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Documents

American Indian Child Welfare: Minnesota and National Perspective Minnesota Department of Human Services May 2008