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NATIONAL CHILD WELFARE RESOURCE CENTER FOR ORGANIZATIONAL IMPROVEMENT
A service of the Children’s Bureau, US Department of Health and Human Services
FOCUS AREA IVB:
STATE-TRIBAL PARTNERSHIPS
FACILITATOR’S GUIDE03/03/07
Developed with assistance from
National Indian Child Welfare Association5100 SW Macadam Avenue, Suite 300
Portland, OR 97239
About this Focus Area
Focus Area IVB: State-Tribal Partnerships is part of the CFSR Comprehensive Training and Technical Assistance Package. These materials will be refined based upon feedback following their use. For this reason, the user should always download the latest version of a materials before each working session.
Using the Facilitator’s Guide
The pages in this guide are divided into two columns. The left-hand column contains the text of the guide (Facilitator’s Instructions) and the right-hand column (Facilitator’s Notes) sometimes contains comments but primarily provides space for users to write their own notes.
This guide organizes both content and process. Text in regular type provides guidance on subject matter to be covered and methods of moving through the material. Text in italic type suggests actual articulation by the facilitator.
The primary intents of the guide are to insure that key points are covered and to assist the facilitator in accomplishing this. It is not intended that a user memorize or read these instructions. Each facilitator’s individual knowledge and experience should be incorporated in the presentation; for instance, the facilitator can introduce illustrations of key points in addition to the examples provided
FOCUS AREA IVB: STATE-TRIBAL
PARTNERSHIPS
AttributesTime
6 hours, 30 minutes
Rationale
A state-tribal partnership is essential to achieve both (a) the best interests of Native children and their families and (b) full compliance with the Indian Child Welfare Act and other federal child welfare laws pertaining to Indian children. State-tribal partnerships are also important because of the unique and singular relationship tribes have with states due their sovereign nation status. Tribes represent governments within the boundaries of state geographical boundaries. The Indian Child Welfare Act, historical issues of disproportionality, as well as distinctive cultural values with regard to child protection and family preservation, are factors which must be considered in the provision of child welfare services involving Native American children This focus area will provide participants with the knowledge and skills to improve state-tribal relations in child welfare and will result in meaningful Tribal involvement in the Child and Family Services Review (CFSR) process.
Audience
Participants may include:
Senior management
Tribal representatives
Tribal courts
Field managers
Program managers
Child and Family Services Reviews (CFSR) / Child and
Family Services Plan (CFSP) coordinators
County managers
Supervisors
K
Focus Area IVB: State-Tribal Partnerships 1
Designated group leaders
Continuous Quality Improvement (CQI) / Quality
Assurance (QA) supervisor
Training supervisor
Community stakeholders
Indian Child Welfare Act (ICWA) experts
Expected Outcomes
Participants will:
Understand and describe the meaning of tribal sovereignty.
Understand and describe the benefits of tribal involvement
in child welfare agency planning and decision-making.
Identify tribes and Native communities in their state,
including urban Native organizations, as well as how to
identify and involve key tribal representatives.
Describe the unique characteristics of state-tribal
relationships that are factors in developing effective
partnerships with tribes and tribal organizations in child
welfare.
Assess the state child welfare system’s current partnering
efforts with tribes/tribal organizations.
Identify strategies through the initial development of action
plans to engage, improve collaboration and incorporate
tribal participation throughout the CFSR process.
Materials
Agenda
Index cards
Participant Workbook
Pages 5-6 (Approaches to Collaboration… State-Tribal
Partnerships) of Stakeholder Involvement and Interagency
Collaboration: An Overview of NRCOI Training and
Focus Area IVB: State-Tribal Partnerships 2
Technical Assistance. National Child Welfare Resource
Center for Organizational Improvement,
http://muskie.usm.maine.edu/helpkids/rcpdfs/stakeholderfa
cts.pdf
Focus Area IVB PowerPoint handout
Focus Area IVB PowerPoint slide show
CFSR Overview PowerPoint slide show (optional)
CFSR Overview PowerPoint handout (optional)
SVGA projector
Projection screen
Facility with required seating
Butcher paper
4 classroom-sized flip charts (approx. 20 pages each)
2 easels
Name tents
Tape
Markers (assorted colors)
Evaluation Form
Advance Preparation
This focus area is designed for presentation by staff familiar with
the American Indian tribes and culture, the Indian Child Welfare
Act, the CFSR, state/Federal laws and related practices, and the
current state of collaboration between the state and tribes within
the state. Facilitators should be comfortable enough with the
materials to be able to customize the content for the participant
mix.
In order to present a balanced perspective and to gain knowledge
about how best to develop state-tribal relationships, it is important
to assure that there will be tribal representation at the working
session. The facilitator should know what tribal representatives –
Focus Area IVB: State-Tribal Partnerships 3
from what tribe(s) and tribal agencies – will participate in the
working session.
Tribal invitees may not feel this “state” working session is
applicable to them. If possible, then, the facilitator should (in
collaboration with a state agency representative) contact tribal
representatives in advance to encourage their participation at the
working session and explain the agenda. Ask an appropriate tribal
representative if they are willing to begin the working session with
a prayer and the same or another representative to end the meeting
with a traditional closing (giving thanks for the important
discussion throughout the day and requesting guidance to continue
to develop State-Tribal Partnerships that will ensure the well-being
of all children and families). If so, have small gifts of appreciation
(tobacco, sweetgrass, sage, cloth, etc.) to present to the person(s)
following the invocation and closing.
In addition, the facilitator should:
Prepare an Agenda (page 1 in Participant Workbook) and
modify the Expected Outcomes (page 2 in the Participant
Workbook) to reflect the focus in this working session
selected by the state.
Review the Indian Child Welfare Act.
Gather and review state-specific outcomes, reports,
measures, the CFSR and PIP reports, and state plan
activities involving tribes and Native American children.
Research the proportionality of the state’s Native American
population and its representation in the child welfare
system; note this information on page 25 of this guide for
reference during the working session.
Research and develop an understanding of the current state
of collaboration between the agency and tribes in the state;
Focus Area IVB: State-Tribal Partnerships 4
e.g.,
o Does a collaborative relationship exist?
o Are there tribal protocols, agreements, and legislative
directives in place regarding tribal-state relations?
If so, why and how did that happen?
If not, what barriers/dynamics exist?
o Who are the key tribal and state participants of any
current collaboration in the state – individuals/groups?
o Are there any significant issues that might impact this
meeting (for example, a current contested ICWA case
that could become the focus of discussion)?
o What entity is responsible for child welfare services on
Indian lands in the state?
Tribe only?
Tribe and State?
State only?
Is this a P.L. 280 state?
Select one of the three scenarios (Handouts 10-12) based
on its relevance to the state or, if none of these are
appropriate, develop a brief scenario that more closely
matches the situation of tribal engagement in the state and
insert it as Scenario 4 in Handout 13 of the Participant
Workbook.
Determine local terminology/definitions for key words,
such as titles, goals, outcomes, etc.
Retrieve the relevant Tribal State Fact Sheet, if available,
from the National Indian Child Welfare Association
website:
http://www.nicwa.org/resources/factsheets/index.asp
Modify the state-specific PowerPoint slide (slide #6) with
the state-specific information from the Tribal State Fact
Sheet.
Focus Area IVB: State-Tribal Partnerships 5
Prepare a Participant Workbook for each participant.
Prepare the room.
Additional Considerations – Facilitators should anticipate a mix of
participants from both the tribal leadership/social services and the
child welfare agency sectors. It is likely that the tribal participants
may have limited experience with or knowledge of the CFSR and
its impact on the tribe or on Native American children in the state
child welfare system. As a result, facilitators must be prepared to
provide a brief overview of the CFSR following the
“Commencement.” This background material can be provided by
the facilitators or – through prearrangement – y experienced
representatives of the agency.
Bibliography and Suggested Readings
All curricula in The CFSR Comprehensive Training and
Technical Assistance Package
Indian Child Welfare Act
U.S. Department of Health and Human Services,
Administration for Children and Families, Children’s
Bureau. (2006, January). Tribal-State Relations.
Washington, D.C.: Child Information Gateway.
http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/
index.cfm
U.S. Department of Health and Human Services,
Administration for Children and Families, Children’s
Bureau. (n.d.). Appendix J Collaborating During the Child
and Family Services Reviews (Child and Family Services
Reviews Procedures Manual).
http://www.acf.hhs.gov/programs/cb/cwmonitoring/tools_g
uide/procedures/appendixj.pdf
NICWA State Fact Sheets (www.nicwa.org)
Focus Area IVB: State-Tribal Partnerships 6
Facilitator’s Instructions Facilitator’s Notes
COMMENCEMENT (30 minutes)
*{Slide 1 – title slide}
Welcome, Purpose and Introduction of Facilitator(s)
Welcome participants.
*{Slide 2 – Introduction}
Introduce facilitator(s)
My name is ______________________________ and I will be
(one of) your facilitator(s) for this session. My background is
[emphasize experiences / responsibilities relevant to the
working session]. It is my hope that we can learn a lot from
each other today.
Explain the purpose of the working session and the importance of
its subject matter.
This working session was requested by ________________.
The purpose of this working session is to assist the state
agency prepare for the next round of the Child and Family
Services Review. The best possible hope for child protection
anywhere is for the child welfare agency to invest in creating
community-wide alliances, where every relevant stakeholder
group and community constituency understands their role in
keeping children safe and supporting families.
Collaboration is not about funding – it’s about outcomes. The
CFSR process (particularly the PIP phase) provides an
Focus Area IVB: State-Tribal Partnerships 7
opportunity to make systemic changes to achieve improved
outcomes. These outcomes will affect any Native American
child under state custody.
This working session explores the ways in which tribes and
Native American community organizations can advance their
sharing of information and collaborate with one another in
order to improve outcomes for the Native American children in
care.
Tribes, as stakeholders in child welfare, possess a unique and
singular relationship with states, governed by statute and
distinctive cultural values with regard to child protection and
family preservation. This working session will provide
information to and create opportunities for participants to
develop the knowledge and skills to obtain and maintain state-
tribal relations in child welfare.
Invocation
If a tribal participant has agreed to open the working session with
an invocation, briefly explain:
We would like to begin the meeting in a way that is customary
for many meetings involving tribal participants. An elder or
other tribal member begins the meeting with a blessing from
the Creator for the endeavor at hand. ________ has agreed to
open our meeting with such an invocation.
Proceed with invocation.
Following the invocation, thank and offer a small gift to the
participant who gave the invocation.
Focus Area IVB: State-Tribal Partnerships 8
Participant Introductions and Expectations
Ask each participant to
a) introduce himself/herself, including name and role;
b) describe his/her interest in the focus area, including
familiarity / experience with the subject matter; and
c) complete the sentence: “This working session will be a
success if I leave here knowing __________.”
Expected Outcomes and Participant Expectations
Refer participants to page 1 of the Participant Workbook, Handout
1 (Expected Outcomes).
Review the expected outcomes and describe how/if the working
session will meet each participant’s learning expectation(s).
Clearly state any expectations that will not be met by this working
session.
Note that:
Although there will be discussion on the Indian Child Welfare
Act, this is not a training that is focusing specifically on
compliance with ICWA. However, the outcomes from this
working session will hopefully result in better collaboration
between the state and tribes, creating an improved child
welfare services system for all children.
You should depart this working session with new insight, able
to develop an Action Plan for improving state-tribal
collaboration in your state and improved cooperation and
partnership during the Child and Family Services Review.
Agenda, Ground Rules and Housekeeping
Refer participants to page 2 of the Participant Workbook, Handout
[Note the goals/issues that came
up that will not be addressed in
the working session. Pass these
on – with any recommendations –
to agency leadership.]
Focus Area IVB: State-Tribal Partnerships 9
2 (Agenda).
Gain agreement on “ground rules” and housekeeping:
Receiving / making cell phone calls
Breaks
o Length (15 minutes)
o Frequency and times
o Areas (locations)
smoking
restrooms
public telephones
Lunch
o Food is available at ____________________
Introduce participants to their packet of material. If not all
materials in the curricula will be covered, acknowledge the
tailoring of the working session to meet the needs of the individual
state:
The material is quite extensive and only portions of it have
been identified for use in this working session. There may be
materials in your workbook that we do not cover and slides
that we’ll bypass. I encourage you, however, to review these
workbook materials at a later time as they may provide
additional thoughts and insights that you will find helpful.
Prepare participants for small group activities and possible changes
in the room accommodations necessary to conduct them:
How assignments will be made (and rationale).
How tables and chairs will be arranged.
Explain:
One of the elements to consider in planning state-tribal [That learning styles and
Focus Area IVB: State-Tribal Partnerships 10
meetings is the timing, pacing, and breadth of the agenda and
expected outcomes. Expectations around format and meeting
styles may be an area of cultural difference.
State meetings are often planned with values on using
resources effectively and accomplishing as much as possible in
the allotted time. Meetings tend to be fast-paced and cover a
lot of material. Participants develop skills in assimilating
information quickly, verbal exchanges are quick and concise,
and there is a norm to move quickly to making decisions.
For example, most state agency staff are very aware of the
CFSR process and are ready to dive into the material. On the
other hand, tribal invitees (or anyone outside of the state
system) may be only slightly, or perhaps not at all, familiar
with the CFSR and it is important to recognize this before
moving “full speed ahead.”
Tribal meetings are often planned with values for creating a
shared vision and as much consensus as possible. Attention is
given to creating an environment where all viewpoints can be
heard and considered before decisions are made. Meetings
are slower paced to allow participants time to consider the
other points of view expressed, humor is used to relieve the
tension of diverse viewpoints and reinforce common bonds,
and agendas and timeframes are considered flexible. The
expected outcome is to go as far as the group is able to go
while maintaining group cohesion.
personality characteristics of
participants affect the meeting
process is generally recognized.
This portion of the introduction
acknowledges some
manifestations of the cultural
differences among participants.
The intent of this portion of the
introduction is that participants
recognize these differences so
that they can remain cognizant of
and sensitive to them not only
during this working session but in
their on-going collaborative
efforts.]
CFSR OVERVIEW (45 minutes) [The CFSR Overview is optional
but should be inserted here if
Focus Area IVB: State-Tribal Partnerships 11
participants have not received it
in previous a working session.]
Icebreaker: “How to Treat the Common Cold” (15 minutes)
For this exercise, in smaller groups solicit verbal responses and
record them on a flip chart. In larger groups, place paper and pens
on each table, pose the question and ask for written responses;
collect these written responses and record them on a flip chart or a
Word document projected on the screen.
Point out that, when establishing communication with cultures
other than our own it, is important to examine assumptions
regarding cultural values:
In considering State-Tribal Partnership, it is important to
acknowledge differences in communication styles and
expectations about family, child welfare and risk assessment.
Cultural values influence even the most mundane decision-
making and choices, even those as basic as our approach to
self care.
Create an example by asking participants:
How would you treat a common cold?
When most people have had a chance to respond, point out how
differently people handle a common human problem. Ask:
Which is best?
Where do we get these solutions?
Point out that these are influenced by culture and that responses to
other problems may also be culturally shaped.
Now pick the two most different remedies (often this is chicken
[Exercise adapted from James
Leigh, University of Washington]
Focus Area IVB: State-Tribal Partnerships 12
soup vs. Vicks). Ask:
How does the chicken soup person feel if their partner tries to
help them with Vicks?
How does the Vicks person feel at the reaction?
Point out that in child welfare a similar dynamic is happening.
Refer participants to page 3 of the Participant Workbook, Handout
3 (American Indian Values) and review it briefly. Initiate a
discussion about common experiences that have indicated value
differences.
CONTEXT OF THE RELATIONSHIP BETWEEN THE
FEDERAL GOVERNMENT AND INDIAN TRIBES (45
minutes)
Having explored value differences, introduce the context of the
relationship between federal and tribal governments:
Historically, there have been difficulties in most regions of the
country developing positive tribal-state relationships –
especially in the arena of child welfare. We will explore these
difficulties and address how to overcome challenges.
*{Slide 3 – The Context of the Relationship …}
In order to understand the root of these issues, it is important
to first know the context of the federal-tribal relationships.
Invite tribal participants to add their own knowledge about historic
relationships during this presentation.
*{Slide 4 – Map of U.S. showing tribal lands}
Focus Area IVB: State-Tribal Partnerships 13
Remind the audience that the entire land base of the United States
was once “Indian country” and that the small areas sprinkled
throughout the country are what are designated as tribal lands
today.
*{Slide 5 – Native American Statistics - USA}
Provide an overview of the most recent US Census data for Native
Americans in the U.S.A.
*{Slide 5 – Native American Statistics – (State)}
Provide an overview of the most recent US Census data for Native
Americans in the state.
*{Slide 7 – History’s Impact on Child Welfare in American Indian
Communities}
Let’s look at some of the events which have impacted American
Indian communities.
*{Slide 8– Key Laws Affecting Indian Tribes}
Numerous laws over the past two centuries have been enacted
which have had a devastating impact on the social structures
of Native American people. We will briefly review some of the
major laws or policies that have impacted present day child
welfare in Native American communities.
*{Slide 9 – Federal Policies of the 1800s}
Focus Area IVB: State-Tribal Partnerships 14
Cover the points on the slide.
*{Slide 10 – Civilization Fund Act - 1819}
Cover the points on the slide.
*{Slide 11 – Removal Act, 1830}
Cover the points on the slide.
*{Slide 12 – Indian Boarding Schools 1860s - Present}
Cover the points on the slide.
*{Slide 13 – Dawes Allotment Act, 1887}
Cover the points on the slide.
*{Slide 14 – Indian Citizenship Act, 1924}
Cover the points on the slide.
*{Slide 15 – untitled}
In 1953, Congress perceived inadequate law enforcement in
Indian country and enacted Public Law 83-280 ("P.L. 280") to
address the problem.
*{Slide 16 – Public Law 83-280, 1953}
P.L. 280 conferred jurisdiction on certain states over most or
all of Indian country within their borders and suspended
Focus Area IVB: State-Tribal Partnerships 15
enforcement of the Major Crimes Act and the General Crimes
Act (or Inter-racial Crimes Act) in those areas. The statute
also authorized other states to assume that jurisdiction. This
effort to allow local authorities to address local criminal
conditions was not intended to deprive tribal governments of
their authority. As a result, the federal government and the vast
majority of state and federal courts to consider the issue have
agreed that tribes retain concurrent jurisdiction to enforce
laws in Indian country. In addition, the Federal Government
retains jurisdiction to enforce nearly all federal criminal laws
in Indian country.
*{Slide 17 – Public Law 280, cont.}
Cover the points on the slide.
*{Slide 18 – Federal Policies, 1950s-60s}
Cover the points on the slide.
*{Slide 19 – Empowerment in the 1970s}
Cover the points on the slide.
*{Slide 20 – Public Law 93-638, Indian Self-Determination Act,
1975}
Cover the points on the slide.
*{Slides 21&22 – untitled}
Cover the points on the slides.
Focus Area IVB: State-Tribal Partnerships 16
Proceed:
Because tribes are governments, the relationship between
tribes and the federal government is sometimes described as
“government-to-government,” and the President has directed
each federal agency to operate within this relationship.
Among other things, this means that federal agencies are not to
treat Indian tribes as “interest groups” or simply as part of the
general public. The relationship between tribes and states can
also be described as “government-to-government.”
In 2000, the President issued a new Executive Order on
"Consultation and Coordination with Indian Tribal
Governments." This Order emphasizes the unique government-
to-government relationship between the federal government
and tribal governments and the right of tribes to self-
government. Among other things, the Order requires that each
federal department have a process in place to ensure
"meaningful and timely" input by tribal officials in the
development of regulatory and other policies that have
"substantial direct effects" on one or more tribes, the
relationship between the federal government and tribes, or the
distribution of power between the federal government and
tribes.
Discuss the meaning of consultation with tribal governments:
Although there is no standard definition of “consultation,” it
generally does mean more than simply providing information
about what an agency is planning to do and allowing
concerned people to comment.
“Consultation” has been described as an enhanced form of
Focus Area IVB: State-Tribal Partnerships 17
communication which emphasizes trust and respect. It is a
shared responsibility. It is an open and free exchange of
information and opinion among parties which leads to mutual
understanding and comprehension. Consultation is integral to
a deliberative process which results in mutually satisfying
collaboration and decision making.
*{Slide 23 – Tribal Sovereignty}
Indian tribes have a special status in American law as sovereign governments. Tribes also possess certain kinds of rights that are different from the rights of other Americans. Some of the special rights of tribes are based on treaties, some are based on acts of Congress, some are based on actions taken by the Executive Branch of the Federal Government, and others are clarified by federal court rulings. Consultation with tribes must be informed by awareness of the special status and rights that tribes possess.
*{Slide 24 – untitled}
Cover the points on the slide.
*{Slide 25 – untitled}
Cover the points on the slide.
*{Slide 26 – Jurisdiction Issues}
Indian tribes, as sovereigns that pre-exist the federal Union,
retain inherent sovereign powers over their members and
Focus Area IVB: State-Tribal Partnerships 18
territory, including the power to exercise criminal jurisdiction
over Indians. The Constitution, which allocates powers of
government between the state and Federal Governments, vests
exclusive authority in the Federal Government to address the
affairs of Indians in Indian country. As a result, states lack
authority over Indians in Indian country absent congressional
authorization. Historically, this meant that the Federal
Government and Indian tribes jointly exercised criminal
jurisdiction over Indians in Indian country.
*{Slide 27 – untitled}
Cover the points on the slide.
*{Slide 28 – untitled}
Cover the points on the slide.
*{Slide 29 – Common Components of Tribal Government}
Move to a description of Tribal governments and bureaucracies,
with a comparison to state governments:
*{Slide 30 – untitled)
Cover the points on the slide.
Segue into a discussion of the variety of viewpoints and the
spectrum of state relationships with tribes:
When addressing child welfare policy issues and the invitation
to contribute to policy, do we invite the State Governor to the
table? Although there may be similarities, each state and tribe
Focus Area IVB: State-Tribal Partnerships 19
may have very different expectations. It is critical for each
state to research and inquire about appropriate contact
expectations and protocols. Some states have specific
expectations in this regard, some do not.
Provide examples of successful tribal-state collaboration:
Refer participants to pages 4-5 of the Participant’s
Workbook, Handout 4 (North Dakota Protocol When
Working With Tribes) and review it briefly. Note the
strong tribal-state collaboration in child welfare, including
tribal-state IV-E agreements.
Refer participants to pages 6-9 of the Participant’s
Workbook, Handout 5 (Tribal Comments and
Recommendations for Washington CFSR Self-Assessment)
and review it briefly. Refer participants to pages 10-12 of
the Participant Workbook, Handout 6 (Centennial Accord
between the Federally Recognized Indian Tribes in
Washington State and the State of Washington) and review
briefly. Note that Washington has developed an extensive
tribal-state ICWA Agreement
Refer participants to page 13 of the Participant Workbook,
Handout 7 (Montana Handbook on Tribes for the
Legislature 1985) and review it briefly. Refer participants
to pages 14-30 of the Participant Workbook, Handout 8
(Example of State-Tribal IV-E Agreement (Montana)) and
review it briefly. Note that Montana has well-established
Title IV-E agreements with all seven tribal governments
within the state.
Note that in Oregon, state leadership has emphasized
recognition of tribal sovereignty with a statute specifying
the relationships of all state government agencies with
tribes.
[The intention is to provide the
participants with a sense of the
many approaches to tribal
partnerships and to begin their
thinking in the direction of their
state’s specific circumstance with
regard to tribes.]
Focus Area IVB: State-Tribal Partnerships 20
Note that South Dakota has recently developed a “Tribal-
State Collaborative Circle for Child Welfare.”
Note that a number of states have implemented Indian
Child Welfare Specialist positions and/or tribal liaisons.
Refer participants to page 31 of the Participant Workbook,
Handout 9, (Examples of Federal Tribal Consultation and
Coordination Policies) for additional references.
Provide each participant a copy of “Approaches to Collaboration…
State-Tribal Partnerships” from Stakeholder Involvement and
Interagency Collaboration: An Overview of NRCOI Training and
Technical Assistance.
CONTEXT FOR TRIBAL ENGAGEMENT IN CHILD
WELFARE (1 hour)
Continue the discussion of the historical context specific to
engaging tribes in the public child welfare agency system.
Exercise – The Road We Travel Together
Separate participants into small groups with tribal and state agency
representatives in each group. Provide each group with a large (6-8
feet) strip of butcher paper taped to the wall and colored markers.
[This unit highlights the troubling
experience that tribes have
experienced with outside agencies
– federal, state, and private –
which has resulted in difficulties
in establishing tribal-state
relationships. It is intended to
emphasize the need to distinguish
and acknowledge value
differences at every level when
attempting to engage tribes in
state child welfare issues.]
[The purpose of this group
exercise is to generate ideas by
discussing and documenting the
past, present and future of
collaboration in child welfare
Focus Area IVB: State-Tribal Partnerships 21
Road maps provide pictures of how we travel from one
point to another – from our starting point to our
destination. I’d like each small group to draw a road map
of their tribe’s or agency’s journey in child welfare. Where
did the trip begin and what is the destination? Include
dates or eras, practice changes, past collaborative efforts
and hopes for future ones … everything you can think of
that has or will impact child welfare. Use whatever
symbols you think describe the experience, such as bridges,
u-turns, stop signs, speed limits, detours, winding roads,
freeways or dirt roads, etc. You’ll have 30 minutes to
complete your map. Please select someone in each small
group to present your results to the entire group.
After 30 minutes, provide each group approximately 5 minutes to
report back on a description of their ‘road map.’ Solicit discussion
as much as time allows.
Highlight the tribal child welfare perspective and factors leading to
the passage of the Indian Child Welfare Act:
*{Slide 31 – Context for Tribal Engagement in Child Welfare}
Cover the points on the slide.
*{Slide 32 – Federal Child Welfare Legislation}
Cover the points on the slide.
*{Slide 33 – Indian Child Welfare Act - 1978}
ICWA was a necessary response to the disastrous and
within the tribe/community/state
agency. This exercise has been
used at several national child
welfare planning meetings and
has been called “The River of
Culture.”]
Focus Area IVB: State-Tribal Partnerships 22
traumatic outcomes of foster placement of Indian children in
non-Indian homes. ICWA has provided tribes the right to once
again have authority over their children. Under the Indian
Child Welfare Act (ICWA), child welfare agencies must ensure
notification and communication when tribal children are taken
into custody. ICWA also affirms Tribal jurisdiction over child
protective cases involving Indian children who are resident or
domiciled on tribal lands or are a ward of a tribal court, and
requires that Indian children be placed with relatives or Native
American families.
*{Slide 34 – untitled}
The Indian Child Welfare Act of 1978 provided the momentum
for tribes to take an active role with state child welfare
agencies. The Indian Child Welfare Act gave tribes the
authority to intervene in child custody proceedings under state
jurisdiction when it involved their tribal members. Prior to
ICWA, generations of children had been lost to foster care and
adoption. The following slides provide a brief overview of the
historical and traumatic events which have colored the tribal
view of tribal-state relationships. It is important to understand
the past in order to effect change today and in the future.
*{Slide 35 – Cultural Competence}
It is a fact that children of color are overrepresented in the
national child welfare. Effective social work requires a level of
cultural competence to meet the needs of these children and
families. In the effort to collaborate with tribes, cultural
competence or the effort to improve cultural competence is a
key factor in engaging dialogue.
Focus Area IVB: State-Tribal Partnerships 23
*{Slide 36 – untitled}
Cover the points on the slide.
*{Slide 37 – World View}
Cover the points on the slide.
TRIBAL CHILD WELFARE ISSUES TODAY (30 minutes)
Preface current issues:
There was a time when tribes didn’t need any kind of outside
help to care for their children. Tribal communities had no need
for the type of child welfare systems that exists in mainstream
society today. Traditional beliefs, customs and values about
child rearing and protection provided the infrastructure of
traditional American/ Alaska Native child welfare.
Unfortunately, this natural system of protection for children
has been deeply affected by historical events which we have
talked about earlier. As tribes struggle to address the needs of
these children and families, a variety of issues must be
addressed.
*{Slide 38 – Current Tribal Child Welfare Issues}
In spite of 28 years since its passage, ICWA compliance is
spotty throughout the nation. In areas where tribes and states
have developed positive state-tribal collaboration, ICWA
compliance is generally improved as well.
The need for Native American foster families is a priority in
[Individuals may comment on
how tribal programs function in
the context of implementing child
welfare services in Native
American communities while
concurrently adhering to
necessary federal regulations. For
example, certain aspects of the
Focus Area IVB: State-Tribal Partnerships 24
both state and tribal child welfare systems; development of
tribal-state advisory groups for recruitment/retention have
proven effective in many states.
Mainstream adoption has been problematic for many tribes
since tribes have lost so many of their children, prior to ICWA,
to non-Indian adoptive placements. Yet adoption is a common
practice among most tribes. Many tribes are beginning to
utilize the practice of customary adoption (adoption without
the termination of parental rights) as a way to regain the
traditional adoption practices of the tribe. While customary
adoption has not yet been embraced by state child welfare
systems, the practice has been sanctioned by the federal
Administration for Children and Families through the granting
of adoption subsidies for families who adopt IV-E eligible
children through the tribe’s customary law.
*{Slide 39 – Disproportionality in Child Welfare}
Today, Native American children are overrepresented in
several state child welfare systems or are placed in out of
home care at a higher rate than non-Indian children.
*{Slide 40 - untitled}
Refer to each of the “roadmaps” descriptions of present
circumstances as well as hopes for future directions. Ask tribal
participants to identify some of the key child welfare issues in their
communities.
Write these on flip charts.
Adoption and Safe Families Act
require petitions to terminate
parental rights in certain
circumstances. Termination of
parental rights may directly
conflict with tribal custom and
tradition. For tribes that have
entered into tribal-state IVE
agreements, these federal
requirements conflict with tribal
law.]
[Insert state-specific information
on representation of Native
American children in the child
welfare system and its
proportionality with the general
population.]
Focus Area IVB: State-Tribal Partnerships 25
Ask all participants to provide input on how these and other
critical issues identified earlier are being addressed or how
solutions may be found through tribal-state collaboration. Explore
creative ways that tribes maintain traditional values while
protecting the safety and permanence of their children.
TRIBAL ENGAGEMENT – REPRESENTATIVE
SCENARIOS (45 minutes)
Separate participants into three small groups. Ask each group to
identify a recorder and a reporter. Refer all three groups to the
selected Scenario (from Handouts 10-13, pages 32-35 of the
Participant Workbook). Ask each group to answer these questions
(write these on flipchart at front of room) about the Scenario:
You realize that you have no idea how or who to contact
within the tribe. What steps will you take?
What method of contact will you use? Letter (to whom)?
Meeting(s) (with whom)? Other?
How will you determine who is an appropriate tribal
representative?
Who will you contact to represent tribes and why?
How will you involve the tribal representatives, once you
have identified them?
Give the small groups twenty (20) minutes to answer the
questions.
After 20 minutes, ask the reporter from each group to present their
group’s answers to the scenario questions.
[The intent of this small group
activity is to give participants an
opportunity to use working
session information to respond to
specific scenarios.]
Focus Area IVB: State-Tribal Partnerships 26
CFSRs AND TRIBAL INVOLVEMENT – BENEFITS OF
COLLABORATING WITH TRIBES (45 minutes)
*{Slide 41 – Best Interests of Indian Children}
Explore with participants the benefits of collaboration in the
following areas (including issues related to access, cultural
competency, and quality assurance):
Consultation: i.e., without appropriate consultation with
tribal governments and key community leaders, state-tribal
relationships have no meaningful foundation.
ICWA compliance: i.e., as a means of achieving
permanency and connection to family and culture
Service array: i.e., many tribal communities lack the full
service array necessary to meet the needs of community
members; lack of services may result in Native American
children remaining under state jurisdiction, simply because
their tribe cannot offer specialized services (i.e. mental
health, substance abuse treatment, etc) that they may
require.
Training: i.e., while the need for training (for staff, foster
parents, etc) may be great, the opportunities to share
training resources between state and tribal communities
may be one of the easiest steps towards building state-tribal
collaboration
Recruitment and retention of foster and adoptive homes.
Licensing of homes: i.e., tribes continue to debate with
states whether tribal licensing standards will be accepted by
state agencies and whether tribal licensing may be applied
to families living off the reservation. The issue of licensing
Focus Area IVB: State-Tribal Partnerships 27
varies from tribe to tribe and state to state.
Foster parent training: i.e., like foster parent licensing,
training is an issue for many tribal child welfare systems
who want to assure that their foster parents receive
culturally appropriate training for families living on and off
the reservation.
Ask the small groups to discuss the major issues that have been
identified as areas of need in addressing state/tribal consultation.
Ask them to consider their specific state experience and their
knowledge of the tribe(s) in their state. Give them ten minutes for
this discussion.
At the end of ten minutes, ask individual participants to identify
and write on an index card what they consider to be the priority
State/Tribal Partnership need in their state. Collect the cards from
the tables.
Based on the previous scenarios, consider the importance of
tribal participation in the CFSR process as well as practical
steps for involving tribes. The scenarios may provide examples
of how state agencies may learn better ways of engaging tribal
governments and tribal social services.
The CFSR may affect tribal entities, whether they be federally
recognized, reservations or urban communities, state
reservations, landless groups, California Rancherias, Alaskan
Tribal Corporation, etc. Let’s look at recommendations for
involving these tribal entities that have been developed through
feedback from a variety of sources experienced in tribal-state
Focus Area IVB: State-Tribal Partnerships 28
collaborative efforts. Please add your own recommendations.
General Benefits
*{Slide 42 – Benefits of Collaborating with Tribes}
Statewide Assessment
*{Slides 43-45 – Statewide Assessment}
Onsite Review
*{Slide 46 – Onsite Review}
Program Improvement Plan
*{Slides 47-50 – PIP}
BREAK (15 minutes)
During the break, review the cards and categorize the priority
needs. Write the three categories with the most cards on separate
flipchart tablets.
PRACTICE STATE-TRIBAL ACTION PLAN (60 minutes)
Action Plans
*{Slide 51 – Action Planning}
Ask participants to break into the same three small groups as
previously. Assign each group one of the three priority needs
identified in the prior exercise. Refer participants to pages 36-45
of the Participant Workbook, Handout 14 (Program Improvement
Planning). Ask that each group develop an Action Plan to address
Focus Area IVB: State-Tribal Partnerships 29
the group’s assigned need. Ask each group to identify a facilitator
and put their Action Plan, addressing the areas on the PIP planning
format, on a flip chart. Give the groups 35-40 minutes to define
their strategies.
After 35-40 minutes, ask the facilitator from each group to come to
the front of the room and outline the Plan developed by their group
to address the assigned priority need.
WRAP UP (15 minutes)
Summary
Although historical factors have played a significant role in
tensions between tribes and states, it is important to seize
opportunities to overcome these barriers. The CFSR provides a
unique opportunity for tribes to participate in a process that is
designed, by federal oversight, to improve state child welfare
systems. It is an opportunity that may open new doors for
ICWA compliance and improved tribal-state collaboration.
For the benefit of all children, and specifically for the benefit
of Native American children, it is an opportunity that must not
be lost.
Refer back to the expected outcomes listed in their workbooks and
solicit participant questions.
Thank participants for their time, focus, and commitment to
improving their collaborative efforts with the goal of improving
the lives of the children and families they serve.
Distribute and collect evaluations.
Focus Area IVB: State-Tribal Partnerships 30
Traditional Closing
If a tribal representative has agreed to do so, ask them to close the
meeting.
Focus Area IVB: State-Tribal Partnerships 31