Identifying, Accessing and Using Data on Native American Children

Community Based Code Drafting

Identifying, Accessing and Using Data on Native American ChildrenAssociation for Criminal Justice ResearchSacramento, California March 17 18, 2011Nicole Sieminski, J.D.Researcher SpecialistAmerican Indian Studies CenterUniversity of California, Los AngelesJames F. Mensing, J.D., Ph.D.Senior Research AnalystJudicial Council of CaliforniaAdministrative Office of the CourtsCenter for Families, Children & the CourtsSan Francisco, CA1Overview of PresentationIntroductionsSummary of UCLA National Institute of Justice Project A Study of the Administration of Criminal Justice in Indian CountrySummary of Native American Community Justice Project (NACJP)Outcome of NACJP: California Tribally Specific Data InvestigationOne Area of Focus: Indian Child Welfare Data and CMS/CWSGroup Discussion of Availability of Tribally Specific Data

22HVSTribal Law and Policy Institute3

Indian Countrys Maze of JurisdictionNon-PL280Tribe 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

UCLA NIJ Project FrameworkModel 1 NON-PL 280 All Tribal (court, police & jail)Model 2NON-PL 280 All Tribal, contract jailModel 3 NON-PL 280 All BIAModel 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 PL280Model 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)5Data QuestionsNumber of repeat offendersNumber of tribal members admitted to jail facilitiesCrime/victimization ratesNumber of arrests for Indian country-based offensesNumber of criminal prosecutions for Indian country-based offensesPercentage of defendants released on bail or their own recognizanceApproximate rate of pre-trial release violationConviction rates for criminal cases involving Indian country-based offensesPercentage of convicted defendants sentenced to incarceration, fines, community service, treatmentNumber of tribal convictions resulting in habeas corpus petitionsRecidivism rates for Indian inmates in tribal and nontribal facilitiesPercentage of Indian defendants who plead guilty or plea bargainNumber of reported Part I violent crime incidentsNumber of major felony cases reported, number of major felony cases closed

Roadblocks to Data CollectionTribal ApprovalAccessibilityFormatIncompleteUnwillingness to shareCalifornia Native American Communities Justice Project: Dialogue on Family ViolenceFull Reports:Policy Paper (PDF)Research Report (PDF)

Definition of Family ViolenceSexual AssaultDomestic ViolenceStalkingTeen Dating ViolenceElder Abuse

Little data or information exists on these issues88HVSMethodologyStrategic Approach respecting tribal sovereignty

Letter to Chairs of Federally and Non-federally Recognized Tribes seeking recommendation for tribal consultantConsultants hired were Tribes first or second consultant choiceOutreach to urban Indians in San Francisco and Los Angeles areasUpdated all Tribes in California through updated Fact SheetPlanning Meeting invitation to participants of local community meetings and Tribes99JMOutreach to Tribal GovernmentsLetter to Chairs of Federally and Non-federally Recognized Tribes in California seeking recommendation for tribal consultant and their Tribes representative for this projectHired tribally run organizations as local consultants to hold local community meetingsThose tribally run organizations were Tribes first or second consultant choice and consultants to engage urban IndiansOutreach to urban Indians in the Bay Area and Los Angeles AreaUpdated all Tribes in California about the project through updated Fact SheetInvitation to this Planning Meeting extended to participants of the local community meetings and to Tribes through tribal representative where designated (and where none designated then to Chair)

Community Meetings17 community meetings heldOver 250 California Native participants:Service providersAdvocatesTribal LeadersEldersInterested Community MembersVictim/Survivors1010JMCommunity MeetingsFederally Recognized TribesNon-Federally Recognized TribesUrban Community MeetingsFacilitator guidedOpen ended questionsNotes takenSurvey filled out by most participants

1111JM

Themes from Community Meetings1: Crime Statistics and Family Violence Data2: Reporting Family Violence and Treatment of Native Americans3: Services4: Restraining Orders5: State Courts6: Tribal Courts and Police7:CommunityLevel Concerns

1212HVS break into 2 slidesOther Themes from Community MeetingsViolence Against MenYouth and ViolenceDomestic Violence/Family Violence DefinitionsSystemic ProblemsANDLack of Data.

Tribal Law and Policy Institute1313Dearth of Data Theme from MeetingsDiscussion 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.

14HVS break into 2 slides14Dearth of Data Theme from MeetingsData 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.

15HVS break into 2 slides15Dearth of Data Theme from Survey16

16

Promising Data Practices Identified CooperationCooperative efforts with the county and the tribe/Native American community to collect data.

CoordinationRecognize and standardize reporting for different sources to make data mining easier.

CapacityTribe needs funding for a full-time salaried employee to mine data from all sources.

1717HVSWhy Tribally Specific Data?Obstacle to implementing change: Lack of tribally specific data to document the problem

AI/AN data exists, but over 500 tribes have very different circumstancesState 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

1818HVSTribally Specific Data InvestigationInitital GoalsData Stakeholders MeetingData InvestigationData Availability ReportData Availability Grid

Additional Tasks IdentifiedAnnotated Bibliography of ReportsVirtual Native California Data Community1919JMTypes of Tribally Specific Data PrioritizedJuvenile DependencyElder Abuse Violence Against Women Juvenile Delinquency General Crime General Health Child Custody and SupportDemographic DMVTANF2020

Juvenile Dependency/Indian Child Welfare DataFamiliarity with ICWA . . . CMS/CWS dataState and local social service departmentsBIA federal and regional officesDrop down list of federally recognized tribes for local caseworkers2424Availability of Data in CMS/CWS SystemsAI/AN children may be identified in two places:Through ethnicityThrough 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 2525Availability of Data in CMS/CWS SystemsData 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

26California Court Case Management SystemJuvenile, Family, and Probate casesCase participant by federally recognized tribe or historical identityTrack noticing information under ICWAView ICWA status of case participant

27Washington State ModelIndian Unit within Department of Social ServicesState/tribal data sharing agreementsAll tribes in state are part of data sharing agreementData used for funding primarily 2828Discussion . . . 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?2929Thank you !

For more information, contact:

James MensingSenior Research Analyst, [email protected] SieminskiResearch SpecialistUCLA American Indian Studies [email protected] 30Does your tribe or agency collect data on

Yes

No

Dont know

N

Calls for service to CPS36.4%(132)31.1%(113)32.5%(118)363

Calls for service to law enforcement30.5%(109)38.7%(138)30.8%(110)357

Incidents of family violence29.8%(108)39.7%(144)30.6%(111)363

Prosecutions22.4%(79)39.8%(140)37.8%(133)352

Note: Answered question = 368; Skipped question = 40.

California Native Communities Data Investigation Project: Data Matrix

Type of DataUse Source(s)Aggregation/AvailabilityHow to access

General Crime DataU.S. DOJ solicitations (TCAP, IASAP, COPS, etc.)County SheriffsReservation level data: available on a county by county basisCall individual Sheriffs departments to request

FBI: National Incident Based Reporting System (NIBRS) and Uniform Crime Reports (UCR)

Reservation level data through NIBRS. Nationwide aggregated reservation data through UCR. (New reservation based data available soon?)

National level data available at: http://www.fbi.gov/ucr/ucr.htm

Bureau of Justice Statistics (BJS): American Indians and Crime

Nationwide level data: aggregated race data.

http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=386

National Institute of Justice (NIJ): PL 280 study

On file with TLPI ; Data for several reservations in CaliforniaCopies available upon request


Indian Child Welfare Data (juvenile dependency)TANF & IVE Funding; Keeping track of member children off reservation; accountabilityCase Management System (CMS/CWS) database

General American Indian data available, no tribal specific data (tribal data may be available through special request . . . )http://cssr.berkeley.edu/ucb_childwelfare/

County Child Welfare Department

Tribal level data availableCall individual Child Welfare Departments to request

Juvenile DelinquencyU.S. DOJ solicitations (OJJDP)California OJJDP program

General American Indian data on disproportionate minority contactTBD

County Sheriffs?

Reservation level data: available on a county by county basisCall individual Sheriffs departments to request

Violence Against Women Victimization Data (domestic violence, sexual assault, stalking, etc.)

Violence Against Women Victimization Data

U.S. DOJ solicitations (OVW)

U.S. DOJ solicitations (OVW)National Crime Victimization Survey (NCVS)

Nationwide level data: aggregated race data (also used for American Indians and Crimehttp://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=245

National Criminal Justice Reference Service (NCJRS)Nationwide level data: aggregated race data?http://www.ncjrs.gov/pdffiles1/nij/grants/223691.pdf

Indian Health Service (IHS)

TBDTBD

National Institute of Justice (NIJ)Anticipating disaggregated data, but unclear if it will be reservation levelForthcoming study. For additional information, see www.ojp.usdoj.gov/nij/topics/tribal-justice/vaw-research/welcome.htm

CA Office of Native American Affairs (ONA)

Data from select counties in CaliforniaOn file with TLPI/AOC

General Health dataHHS Solicitations; Solicitations to address Alcohol, substance abuse

Indian Health Service (IHS)Data from 23 regional IHS clinics. Urban and tribal reservation clinics. http://www.ihs.gov/FacilitiesServices/AreaOffices/California/UpLoadedFiles/Local/2009_California_Book_FINAL.pdf

Heather Valdez Singleton, Tribal Law and Policy InstitutePage 1


Indian Child Welfare Data (juvenile dependency)TANF & IVE Funding; Keeping track of member children off reservation; accountabilityCase Management System (CMS/CWS) database

General American Indian data available, no tribal specific data (tribal data may be available through special request . . . )http://cssr.berkeley.edu/ucb_childwelfare/

County Child Welfare Department

Tribal level data availableCall individual Child Welfare Departments to request

Juvenile DelinquencyU.S. DOJ solicitations (OJJDP)California OJJDP program

General American Indian data on disproportionate minority contactTBD

County Sheriffs?

Reservation level data: available on a county by county basisCall individual Sheriffs departments to request


Violence Against Women Victimization Data


U.S. DOJ solicitations (OVW)National Crime Victimization Survey (NCVS)

Nationwide level data: aggregated race data (also used for American Indians and Crimehttp://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=245

National Criminal Justice Reference Service (NCJRS)Nationwide level data: aggregated race data?http://www.ncjrs.gov/pdffiles1/nij/grants/223691.pdf

Indian Health Service (IHS)

TBDTBD
















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Identifying, Accessing and Using Data on Native American Children