Your SlideShare is downloading. ×
0
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Indian Child Welfare Act  - Summarized
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Indian Child Welfare Act - Summarized

1,190

Published on

This is a DRAFT presentation, only including court-related items for the Indian Child Welfare Act, applicable in court settings. There is much more to the ACT outside of these slides. This is just a …

This is a DRAFT presentation, only including court-related items for the Indian Child Welfare Act, applicable in court settings. There is much more to the ACT outside of these slides. This is just a sample for public consumption, and is not all-inclusive.

Published in: Education
0 Comments
2 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
1,190
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
2
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Indian Child Welfare Act The bare bones basics of P.L. 93-608 and a “smidge” of historyRachelle Pavao Goldenberg, MSW Seawolf Consulting www.seawolfconsulting.com
  • 2. It starts with national policy...
  • 3. It starts with national policy...The Civilization Act (early 1800’s)
  • 4. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)
  • 5. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)Indian Boarding Schools
  • 6. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)Indian Boarding SchoolsThe Dawes Act (1887)
  • 7. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)Indian Boarding SchoolsThe Dawes Act (1887)The BIA/CWLA Indian Adoption Project (1950’s)
  • 8. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)Indian Boarding SchoolsThe Dawes Act (1887)The BIA/CWLA Indian Adoption Project (1950’s)PL- 83-280 - Giving States Jurisdiction over tribes (some)
  • 9. It starts with national policy...The Civilization Act (early 1800’s)The Removal Act (1830)Indian Boarding SchoolsThe Dawes Act (1887)The BIA/CWLA Indian Adoption Project (1950’s)PL- 83-280 - Giving States Jurisdiction over tribes (some)The BIA Relocation Program (1950’s) - Urban
  • 10. Realization in the 1970’s
  • 11. Realization in the 1970’sApproximately 30% of ALL Indianchildren had been removed from their families and placed in non-native homes!
  • 12. Realization in the 1970’sApproximately 30% of ALL Indianchildren had been removed from their families and placed in non-native homes!
  • 13. Hello ICWA!With the support of advocates acrossthe country, a law was passed. This law was the Indian Child Welfare Act.
  • 14. Who does this apply to?
  • 15. Who does this apply to? Indian children that are unmarried, under 18, andenrolled in or eligible for enrollment (biologically) in a federally recognized Indian tribe.ALERT: YOU CANNOT TELL IF A CHILD IS NATIVE BY LOOKING - YOU MUST
  • 16. ICWA Applies:
  • 17. ICWA Applies:...whether the child custody (CPS) proceeding isvoluntary or involuntary when:
  • 18. ICWA Applies:...whether the child custody (CPS) proceeding isvoluntary or involuntary when: a child enters foster care, pre-adoptive, and adoptive placements (foster homes / institutions)
  • 19. ICWA Applies:...whether the child custody (CPS) proceeding isvoluntary or involuntary when: a child enters foster care, pre-adoptive, and adoptive placements (foster homes / institutions) a parent loses or forfeits their parental rights.
  • 20. ICWA does not apply:
  • 21. ICWA does not apply:during custody proceedings in a divorce when determiningwhich parent to place the child with.
  • 22. ICWA does not apply:during custody proceedings in a divorce when determiningwhich parent to place the child with.juvenile detention proceedings (mostly)
  • 23. ICWA does not apply:during custody proceedings in a divorce when determiningwhich parent to place the child with.juvenile detention proceedings (mostly)when placement is temporary (i.e. guardianship) where theparent/Indian Custodian can demand return of the child.
  • 24. Role of Tribe / State
  • 25. Role of Tribe / StateThe child’s tribe has the right to intervene at any point.
  • 26. Role of Tribe / StateThe child’s tribe has the right to intervene at any point.The government agency (CPS) is required to send (viaregistered mail) notice to the parent/Indian custodian andto the tribe(s)of pending proceedings.
  • 27. Role of Tribe / StateThe child’s tribe has the right to intervene at any point.The government agency (CPS) is required to send (viaregistered mail) notice to the parent/Indian custodian andto the tribe(s)of pending proceedings.All parties have right to examine all reports or documentsrelated to case
  • 28. Prior to removal, the court with the help of an “Expert Witness”:
  • 29. Prior to removal, the court with the help of an “Expert Witness”: must determine that there is “clear and convincing evidence that continued custody of a child by the parent is likely to result in serious emotional or physical damage to the child.” (this is a higher standard than traditional “reasonable suspicion” for removal)
  • 30. Prior to removal, the court with the help of an “Expert Witness”: must determine that there is “clear and convincing evidence that continued custody of a child by the parent is likely to result in serious emotional or physical damage to the child.” (this is a higher standard than traditional “reasonable suspicion” for removal) must review and verify that “active efforts” have been made to provide remedial services to “prevent the breakup of the Indian Family”
  • 31. Active vs. Reasonable Active efforts are not the same as reasonable efforts, and they must be applied throughout the case. Reasonable Active Arranging services and diligently helpingProviding referrals for services families engage in those services. Case Management - Engaging with the client directly, in monthly (minimum) contact person, and frequently Culturally appropriate service plans and Usual contracted service specific tiered placements providers and case plans (tribal input)
  • 32. !ank Y"
  • 33. !ank Y"Please visit us online at:
  • 34. !ank Y"Please visit us online at: SeawolfConsulting.com
  • 35. !ank Y"Please visit us online at: SeawolfConsulting.com facebook.com/SeawolfConsulting
  • 36. !ank Y"Please visit us online at: SeawolfConsulting.com facebook.com/SeawolfConsulting
  • 37. !ank Y"Please visit us online at: SeawolfConsulting.com facebook.com/SeawolfConsulting Rachelle Pavao Goldenberg, MSW
  • 38. !ank Y"Please visit us online at: SeawolfConsulting.com facebook.com/SeawolfConsulting Rachelle Pavao Goldenberg, MSW 1-877-777-6443
  • 39. !ank Y"Please visit us online at: SeawolfConsulting.com facebook.com/SeawolfConsulting Rachelle Pavao Goldenberg, MSW 1-877-777-6443 Follow me @RPGoldenberg

×