M I C H I G A N D E PA R T M E N T O F H U M A N S E RV I C E S

Understanding Roles and Responsibilities for Cases Involving

American Indian/Alaska Native (AIAN) Children

C o m p a s s i o n . P r o t e c t i o n . I n d e p e n d e n c e .

Overview

Michigan & Indian ChildWelfare The Premise

Federal/Tribal Relations

MI ICWA Statistics

ICWA/MIFPA Overview

MIFPA Compliance

Resources & Caseworker Tools

Native American Affairs Business Plan

Native American Affairs Policy

Indian Outreach Services

Quality Assurance

Introduction to AIAN Law/Policy

American Indians/Alaska Native tribes have a government to government relationship with federal and state governments based uponExecutive Orders, laws, policies, and treaties.

Programs and services that the departmentprovides specifically to American Indian/Alaska Native persons are not race-based; respectiveservices are based upon legal agreementsestablished by federal and state government with tribal governments. Members of tribes have full access to services as tribal, state and U.S. citizens.

1 of 13

American Indian Law& Policy Timeline

Federal Treaty

Termination

Relocation

Self-Determination

State Treaty of 1836 & 1847

Tribal recognition

Gaming Compacts

Tax Agreements

Tribal Consultation

25% of Indian children prior to 1978 were in boarding schools, foster care, pre-adoptive or adoptive homes in the United States.

85% of the Indian children in foster care prior to 1978 were in white foster care or adoptive homes and out of their tribal communities.

American Indian/Alaska Native (AIAN) children remain a disproportionate population in foster care today; compared to other races and the size of the AIAN population.

ICWA: The Premise

DHS Data Warehouse Reports

Child Welfare Data for:

Children’s Protective Services

Foster Care

Juvenile Justice

Adoption

Guardianships

Indian Children in Care

1st Qtr 2013

2nd Qtr 2013

3rd Qtr 2013

4th Qtr 2013

2 of 13

ENACTED IN 1978 AS EXCERPTED FROM CONGRESSIONAL

DECLARATION TO:

“..protect the best interests of Indian children and stability and security of Indian tribes and families..”

Indian Child Welfare Act (ICWA)25 USC 1901 et seq.

ICWA/MIFPA Mandates

C o m p a s s i o n . P r o t e c t i o n . I n d e p e n d e n c e .

Indian ancestry verification (25 USC § 1903[4]/MCL 712B. 3 et seq.)

Notice to Tribe (25 USC §1912/MCL 712B. 3 et seq.)

Tribal Intervention (25 USC §1911/MCL 712B. 7 et seq.)

Tribal Jurisdiction (25 USC §1911/MCL 712B. 7 et seq.)

Placement Priorities (25 USC §1915 [a-b]/MCL 712B. 23 et 25 et seq.)

Active Efforts (25 USC §1912/MCL 712B. 3 et seq.)

Qualified Expert Witness (25 USC § 1912/MCL 712B. 17 et seq.)

Culturally Competent Services (25 USC § 1902 & 1915 [d]/MCL 712B. 3 et seq.)

Understanding State Responsibilities

For Indian child welfare cases, it is the “petitioner’s” responsibility to implement all of the legal requirements of ICWA. State agency responsible

for child welfare or agency responsible for placement; includes placement agency foster care providers contracting with states.

Department of Human Services has ICWA specific policy to ensure ICWA implementation (NAA Policy –http://www.michigan.gov/americanindians).

When does ICWA apply (2 Factors)? There is an Indian child.

There is a child custody proceeding.

3 of 13

MIFPA

Michigan Indian Family Preservation Act (MIFPA), MCL 712B. 1 –41.

Enacted January 2, 2013.

Reinforces, clarifies, and enhances ICWA for Michigan application specifically.

Defines Active Efforts and Culturally Appropriate Services minimally for Michigan.

Provides additional guidance for Adoptions, Guardianships, and Qualified Expert Witness.

NAA Policy

NAA Policy Location: DHS Public Website http://www.michigan.gov/dhs ; DHSnet Online Manuals; and NAA website www.michigan.gov/americanindians.

Policy Content:

Indian Outreach Services (IOS)

Indian Outreach Worker duties and protocol

Native American Affairs (NAA)

CPS/Foster Care/Adoption/Juvenile Justice/Guardianship Indian child welfare policy

Native American Glossary (NAG)

Tribal Agreement Manual (TAM)

MOUs between DHS and Michigan tribes

Indian Outreach Services (IOS)

Culturally competent prevention/homemaker aid services provided to American Indian/Alaska Native residents in Michigan.

Indian Outreach Workers (IOW) are tribal members working in respective community.

There are 12 counties in Michigan that have an Indian Outreach Worker position.

Each county DHS Director utilizes IOW staff differently based upon population need and tribal requests.

4 of 13

AIAN Services Timeline

Indian Outreach Services (IOS) was established by DHS in 1975 as a response to the need of intensive social services for the American Indian/Alaska Native (AI/AN) population of Michigan at that time.

The Office of Native American Affairs (NAA) was established in 1978 in response to the passage of the Indian Child Welfare Act (ICWA).

In 1989, a Native American Task Force was established by DHS to assess the status of American Indian/Alaska Native (AI/AN) peoples of Michigan; evolved into the Tribal State Partnership.

National ICWA Compliance

SCOTUS: Baby Veronica Contested adoption.

ICWA advocates letter to Department of Justice Requesting ICWA

accountability.

BIA Tribal Listening Sessions Guidelines for State

Courts updates.

5 of 13

MIFPA Compliance in 2013

9 ICWA/MIFPA cases were appealed in 2013.

4 lower court decisions were upheld.

1 case decision was reversed.

4 case decisions were conditionally reversed.

8 of the 9 appeals involved lack of ICWA notice.

1 appeal contested lack of active efforts to prevent the breakup of an Indian family.

4 of the 9 cases were in urban counties.

5 of the 9 cases were in rural counties in the lower peninsula.

ICWA/MIFPA Notice

DHS-120 (DHS 121 for Canadian ancestry) NAA policy (NAA 200).

Indian ancestry verification, case investigation, case opening for services, and notice of potential Indian child welfare hearing.

Registered mail, return receipt.

Interstate Compact for the Placement of Children (ICPC).

NAA Policy (NAA 200) Every new case assigned for children’s protective services,

foster care, adoption, juvenile justice and guardianship.

Resources

QUICWA Performance Checklist

ICWA Poster

NAA Tribal Service Area Maps

ICWA Field Guide

Indian Outreach Services Map

Practical Guide to the Indian Child Welfare Act (NARF)

ICWA Bench book (SCAO)

Web Links: Frequently Asked Questions (FAQs):

www.michigan.gov/americanindians

Caseworker Tools & Resources: http://www.michigan.gov/americanind

ians

http://www.narf.org

http://www.nicwa.org

Tribal Directories: http://www.bia.gov

See also Federal Register Indian Agent Listing

http://www.ncai.org

http://fnpim-cippn.inac-ainc.gc.ca/index-eng.asp

6 of 13

7 of 13

AIAN Foster Care Recruitment

http://youtu.be/58MsxiqI-AE

8 of 13

P R O G R A M O F F I C E R E S P O N S I B L E F O R T R I B A L C O N S U L T A T I O N A N D T R I B A L L I A I S O N

F U N C T I O N S F O R T H E D E PA R T M E N T O F H U M A N S E RV I C E S

D I V I S I O N O F T H E C H I L D R E N ’ S S E RV I C E S B U R E A U

Native American Affairs

Native American Affairs (NAA)

The Office of Native American Affairs (NAA) consists of one full-time employee who serves as the department’s avenue to comply with federal and state requirements for consultation with American Indian tribes regarding all state plans, programs, legislative changes, and policy changes that impact North American Indian children and families per the 1994 amendments of the Social Security Act, Presidential Memorandum 2009 (Tribal Consultation), Governor Granholm’ s Executive Directive 2004-05, and Governor Snyder’s Executive Directive 2012-02.

DHS Strategic Goals

Interrupt generational poverty and support families and individuals on their road to self-sufficiency.

Ensure for the safety, well-being and permanence of the children in our care and safety of the elderly.

Demonstrate good stewardship of taxpayer dollars.

Improve Employee Relations.

9 of 13

Native American Affairs Business Plan

Advocacy National/State/Private

Agency/Tribal Committees

ICWA Profiling Case consults

ICWA Compliance

Service Enhancement NAA Policy Manual &

Caseworker Tools

NAA Website

Grants/Contracts

Training/Technical Assistance ICWA New Worker &

New Supervisor Training; Advance ICWA; & Cultural Competence

Tribal Consultation Executive Directive 2012-

02

Tribal Agreements

Federal Tribal Consultation

Title XX, Social Security Act (1994), requires tribal consultation of state child welfare programs with tribal governments/agencies pertaining to Indian Child Welfare.

In 1993, President Clinton published an Executive Memo requiring state government agencies to provide tribal consultation to the tribal governments and agencies within their states.

Subsequent Administrations of President George W. Bush and President Barack Obama published Executive Memo’s pertaining to tribal consultation.

State Tribal Consultation

In 2004, Governor Granholm published Executive Directive 2004-05 pertaining to state department requirements to develop and implement tribal consultation plans.

In 2012, Governor Snyder published Executive Directive 2012-02 pertaining to state department tribal liaisons and tribal consultation.

10 of 13

DHS Tribal Consultation

In 2011, Director Maura D. Corrigan, signed Tribal Consultation Agreements with 8 tribes in Michigan pertaining to Indian Child Welfare implementation and systems reform.

The department facilitates quarterly Tribal State Partnership (TSP) and Urban Indian State Partnership (UISP) meetings with Michigan tribes and urban Indian centers to review Indian child welfare and other policy/programs to assist American Indian/Alaska Native (AI/AN) residents achieve safety, permanency, and well-being.

Tribal Meetings

Tribal State Partnership (TSP) – A collaborative body of Tribal Social Service Directors, urban Indian organizations, state/private agencies; and DHS staff focusing on Indian child welfare and the implementation of the Indian Child Welfare Act (ICWA) of 1978.

Urban Indian State Partnership (UISP) – A collaborative body of urban Indian organizations, tribal representatives, state/private agencies; and DHS staff focusing on the unique challenges facing tribal at-large membership and point-of-entry for DHS services

.

Tribal Meetings

Michigan Tribal Child Care Task Force – A collaborative body of Tribal Child Care and Tribal Education Directors, MDE, and DHS staff working to ensure Zero to Three, Great Start, and pathways to success program access for young children and adults.

11 of 13

Professional Development/Training/Advocating

Regional Indian Outreach Worker Meetings – Indian Outreach Worker (IOW) forum to provide cohort updates and professional development.

Child Welfare Training Institute – Assists department with ICWA new Caseworker and Supervisor Training.

State Court Administrative Office (SCAO), Court Improvement Program (CIP), Statewide Task Force and Tribal Court Relations Subcommittee Member – Advocating on behalf of tribal families.

Program Effectiveness

ONAA Quality assurance is measured on an ongoing basis for cultural competency and customer service using tribal consultation, stakeholder surveys, meetings and Indian Child Welfare Training evaluations.

Federal and state ICWA compliance is assessed through CWTI and ICWA training exams, child welfare case reviews, CFSR and Title IV-E reporting, and Tribal Consultation Agreements.

YO U R C O N T I N U E D E X C E L L E N C E I N C H I L D W E L FA R E I S O U R G OA L

Thank you for your participation!

12 of 13

S T A C E Y T A D G E R S O N, D I R E C T O R

PHONE : 5 1 7 . 3 3 5 . 7 7 8 2

EMAIL : T A D G E R S O N S @ M I C H I G A N. G OVWEBS ITE : H T T P : / / W W W. M I C H I G A N. G OV / A M E R I C A N I N D I A N S

Native American Affairs

13 of 13