Association for Criminal Justice Research Sacramento, California March 17 – 18, 2011 Nicole...
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Identifying, Accessing and Using Data on Native American Children Association for Criminal Justice Research Sacramento, California March 17 – 18, 2011 Nicole Sieminski, J.D. Researcher Specialist American Indian Studies Center University of California, Los Angeles James F. Mensing, J.D., Ph.D. Senior Research Analyst Judicial Council of California Administrative Office of the Courts Center for Families, Children & the Courts San Francisco, CA
Association for Criminal Justice Research Sacramento, California March 17 – 18, 2011 Nicole Sieminski, J.D. Researcher Specialist American Indian Studies
Association for Criminal Justice Research Sacramento,
California March 17 18, 2011 Nicole Sieminski, J.D. Researcher
Specialist American Indian Studies Center University of California,
Los Angeles James F. Mensing, J.D., Ph.D. Senior Research Analyst
Judicial Council of California Administrative Office of the Courts
Center for Families, Children & the Courts San Francisco,
CA
Slide 2
Introductions Summary of UCLA National Institute of Justice
Project A Study of the Administration of Criminal Justice in Indian
Country Summary of Native American Community Justice Project
(NACJP) Outcome of NACJP: California Tribally Specific Data
Investigation One Area of Focus: Indian Child Welfare Data and
CMS/CWS Group Discussion of Availability of Tribally Specific Data
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Slide 3
Tribal Law and Policy Institute 3
Slide 4
Non-PL280 Tribe and feds share jurisdiction over major crimes
by Indians and over Indian- against-non-Indian crimes Tribes have
exclusive jurisdiction over non-major crimes committed by Indians
against Indians States or feds have jurisdiction over non-Indians,
depending on whether victim is Indian or non-Indian PL280 (or like
statute) Tribe shares jurisdiction over Indians with state State
has sole jurisdiction over non-Indians Special situation in Alaska,
where state has more jurisdiction because of limited Indian
country
Slide 5
Model 1 NON-PL 280 All Tribal (court, police & jail) Model
2NON-PL 280 All Tribal, contract jail Model 3 NON-PL 280 All BIA
Model 4NON-PL 280 Mixed (tribal except jail) Model 5NON-PL 280
Mixed (BIA except court) Model 6 NON-PL 280 Mixed (tribal except
police) Model 7PL 280 All State (court, police & jail) Model
8PL 280 Concurrent (all tribal but may contract jail) Model 9Alaska
All state except no longer burdened by PL280 Model 10Partial PL 280
(ALL the Idaho tribes, Salish-Kootenai of MT, and all of the WA
tribes EXCEPT Muckleshoot, Nisqually, Skokomish, and Squaxin
Island) Model 11Mixed CFR courts enforcing CFR codes but tribal
police (Wyandotte) 5
Slide 6
Number of repeat offenders Number of tribal members admitted to
jail facilities Crime/victimization rates Number of arrests for
Indian country-based offenses Number of criminal prosecutions for
Indian country-based offenses Percentage of defendants released on
bail or their own recognizance Approximate rate of pre-trial
release violation Conviction rates for criminal cases involving
Indian country-based offenses Percentage of convicted defendants
sentenced to incarceration, fines, community service, treatment
Number of tribal convictions resulting in habeas corpus petitions
Recidivism rates for Indian inmates in tribal and nontribal
facilities Percentage of Indian defendants who plead guilty or plea
bargain Number of reported Part I violent crime incidents Number of
major felony cases reported, number of major felony cases
closed
Slide 7
Tribal Approval Accessibility Format Incomplete Unwillingness
to share
Slide 8
Full Reports: Policy Paper (PDF) Research Report (PDF)
Definition of Family Violence Sexual Assault Domestic Violence
Stalking Teen Dating Violence Elder Abuse Little data or
information exists on these issues 8
Slide 9
Strategic Approach respecting tribal sovereignty Letter to
Chairs of Federally and Non-federally Recognized Tribes seeking
recommendation for tribal consultant Consultants hired were Tribes
first or second consultant choice Outreach to urban Indians in San
Francisco and Los Angeles areas Updated all Tribes in California
through updated Fact Sheet Planning Meeting invitation to
participants of local community meetings and Tribes 9
Slide 10
17 community meetings held Over 250 California Native
participants: Service providers Advocates Tribal Leaders Elders
Interested Community Members Victim/Survivors 10
Slide 11
Federally Recognized Tribes Non-Federally Recognized Tribes
Urban Community Meetings Facilitator guided Open ended questions
Notes taken Survey filled out by most participants 11
Slide 12
1: Crime Statistics and Family Violence Data 2: Reporting
Family Violence and Treatment of Native Americans 3: Services 4:
Restraining Orders 5: State Courts 6: Tribal Courts and Police
7:CommunityLevel Concerns 12
Slide 13
Violence Against Men Youth and Violence Domestic
Violence/Family Violence Definitions Systemic Problems AND Lack of
Data. Tribal Law and Policy Institute 13
Slide 14
Discussion Question: What sources of data exist (or should
exist) to document the problems? Data collection is directly
related to securing funding. Some data is not accurate. Reports
often come through the grapevine. Underreporting is a problem.
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Slide 15
Data is collected by outside agencies and organizations. The
data is then used to obtain money and other resources that are not
shared with tribal/Native American people. Giving back the data to
the tribes and communities from which it was collected is a crucial
issue. Data is sometimes collected from different sources. More
information is needed on how to mine data and calculate data from
different sources. Any data collection or reporting should be
mindful of confidentiality. 15
Slide 16
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Slide 17
Cooperation Cooperative efforts with the county and the
tribe/Native American community to collect data. Coordination
Recognize and standardize reporting for different sources to make
data mining easier. Capacity Tribe needs funding for a full-time
salaried employee to mine data from all sources. 17
Slide 18
Obstacle to implementing change: Lack of tribally specific data
to document the problem AI/AN data exists, but over 500 tribes have
very different circumstances State level data is better, but often
not sufficient Requests for Proposals (RFPs) require tribally
specific data Respect for Tribal Sovereignty requires each tribe to
be treated as a separate sovereign entity 18
Slide 19
Initital Goals Data Stakeholders Meeting Data Investigation
Data Availability Report Data Availability Grid Additional Tasks
Identified Annotated Bibliography of Reports Virtual Native
California Data Community 19
Slide 20
1. Juvenile Dependency 2. Elder Abuse 3. Violence Against Women
4. Juvenile Delinquency 5. General Crime 6. General Health 7. Child
Custody and Support 8. Demographic 9. DMV 10. TANF 20
Slide 21
Slide 22
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Slide 24
Familiarity with ICWA... CMS/CWS data State and local social
service departments BIA federal and regional offices Drop down list
of federally recognized tribes for local caseworkers 24
Slide 25
AI/AN children may be identified in two places: Through
ethnicity Through ICWA eligibility Tribal affiliation may be
entered if known at initial intake Tribal affiliation may not be
entered if learned at later date through ICWA or other
investigation Data on known tribal affiliations exists at both
county and state levels 25
Slide 26
Data is not available through public website because of
reliability and confidentiality concerns Data can be requested
through special ad hoc reports from state social services 26
Slide 27
Juvenile, Family, and Probate cases Case participant by
federally recognized tribe or historical identity Track noticing
information under ICWA View ICWA status of case participant 27
Slide 28
Indian Unit within Department of Social Services State/tribal
data sharing agreements All tribes in state are part of data
sharing agreement Data used for funding primarily 28
Slide 29
Is Tribally Specific Child Welfare Data Available in your
organization? If so, how is it made available? If not, would this
be useful? How might it happen? 29