Association on American Indian Affairs Washington State Tribal- State ICWA Agreement Jack F. Trope...

Association on American Indian Affairs

Washington State Tribal-State ICWA Agreement

Jack F. Trope

Executive Director


History of the Agreement• In the early 1980s, tribal child welfare workers in

Washington State were increasingly angered over the services being provided to Indian families and children.

• Identified a need for greater State compliance with ICWA and a need to increase cultural awareness and sensitivity on the part of state workers whose caseloads included Indian children and families.


History of the Agreement (cont.)The first two years of the process consisted of tribal

workers from across the state developing a draft agreement that would include policies that would ensure State compliance with ICWA.

They were assisted by a BIA Social Worker from the Olympic Peninsula Agency and an attorney associated with the Association on American Indian Affairs.


History of the Agreement (cont.)The agreement was presented to the State in

late 1985 and negotiations began.

There was a core group of tribes leading the negotiations with a larger group of tribes attending intermittently, although some not attending provided input along the way.


History of the Agreement (cont.)• Negotiations continued for about a year and a half.

Breakthrough took place when the state realized that the tribal programs were a valuable resource, and not adversaries.

• Agreement was signed in a ceremony in 1987 in which the Governor of Washington and many Tribal leaders participated.


Summary of the Agreement• 166 pages• Detailed procedures to meet ICWA goals and provide

adequate protective services to Indian children• Methods for involving tribal social services programs

whenever an Indian child needs protective services• Means to mobilize additional services and resources

for Indian children and families.


Summary of the Agreement (cont.)• Tribal involvement as soon as an Indian child is in need

of services, with Tribal social services involved in all phases of providing services to the maximum extent possible.

• Sharing of case information between state and tribal social services.

• Notice to tribes of voluntary placement and pending reviews.


Summary of the Agreement (cont.)

• Participation of the tribe and an expert witness in social studies and judicial reviews of placement.

• State agreement to follow (absent compelling reasons) tribal recommendations in regard their children in foster care, termination and adoption proceedings

• Tribal input into state staffing decisions.


Summary of the Agreement (cont.)• Use of an “Indian interpreter” • Participation of parents, custodians, grandparents, a

qualified expert and the tribe in the development of post-placement plans.

• Optimum visitation rights for non-terminated parents.• Tribally-set placement preferences and other safeguards

to maximize placement of Indian children in Indian homes.


Summary of the Agreement (cont.)

• Joint tribal-state recruitment of foster homes, including financial assistance for recruitment and training

• Training for state and tribal workers• Extension of ICWA protection to Canadian Indian

children.


Summary of the Agreement

(cont.)• Inclusion of the provisions of this agreement into

minimum licensing standards for all private child placement agencies.

• Purchase of service contracts between the state and tribes to provide tribes with the resources necessary to run effective child welfare programs, including child welfare services, social services and CPS.


Summary of the Agrement (cont.)• Contracts for payment to tribal foster homes based

on tribal standards and placed by tribal courts. • Agreement was very specific in terms of the content

of certain notices and petitions to ensure that the state would comply with the agreement and could easily incorporate the provisions into state policies and procedures.


Aftermath

• Many agreement provisions incorporated in the Washington Administrative Code (WAC), Indian child welfare manual and court rules.

• State legislation enacted – notice of voluntary proceedings

• Inclusion of money for tribal programs in the state budget and negotiation of contracts.


Conclusion

Impact of 1987 Tribal-state agreement still meaningful in 2012 as many current policies can be traced back to the agreement.

Association on American Indian Affairs Washington State Tribal- State ICWA Agreement Jack F. Trope...

Documents

Transcript of Association on American Indian Affairs Washington State Tribal- State ICWA Agreement Jack F. Trope...