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ICWA Courts: Gold Standard Courts Sheldon Spotted Elk, JD March 4, 2020

ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

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Page 1: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

ICWA Courts:Gold Standard CourtsSheldon Spotted Elk, JDMarch 4, 2020

Page 2: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Viral Memes

Page 3: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

After years of decline, the number of children in foster care has steadily risen in recent years.

Page 4: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Need for ICWA?

Page 5: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Indian Child Welfare Act

Page 6: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Why the Gold Standard of child welfare?

Community

Relatives

Families

Page 7: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

ICWA CourtsStakeholder

Collaboration

Page 8: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says
Page 9: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Child Welfare: What do we know is best for children and families? • The goal in child welfare should be to ensure the safety, permanency and

well-being of children and their families.• We know to support child well-being, it is important to intervene as early as

possible.• We know that the act of removing children from their families and homes

creates emotional distress and trauma that should be avoided whenever possible.

• We know some children can be better served by remaining safely at home while their parents receive the community services and support they need.

Page 10: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

ICWA Baseline Measures• Tribe being present shortens

the time to permanency by 125 days.

• Enhanced ICWA Application: Parents attorney at hearing, Tribe being present, finding of ICWA early. Longer notice less ICWA application.

Page 11: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

ICWA Courts

ICWA Court Collaborative

Page 12: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Native American Populations 2019

Page 13: ICWA Courts: Gold Standard Courts - wacita.org · The proposed court would encourage a legal team to specialize in the requirements of the Indian Child Welfare Act, an official says

Moral Courage—