Lakota Oyate Wakanyeja Owicakiyapi

The purpose of the LOWO Tiwahe Risk Assessment/Investigation is to protect children from risks of harm and to assess the family and provide services to parents, guardians and custodians to strengthen the protective parenting styles that they already have built into their Tiwahe and Tiyospaye.  Determination on if maltreatment to the child has occurred  Identify the strengths and needs of the Tiwahe (family)  Exploration of the likelihood that future maltreatment will occur

 Examine three risk levels of Wakanyeja Safety (knowledge objective)  Completion of Risk Assessment Tools (skills objective)  Assessment of family functioning (abilities objective)

 LOWO CPS has established well defined risk assessment guidelines for investigating wakanyeja abuse and neglect reports. The LOWO child protective services will conduct risk assessments to determine maltreatment, or if any wakanyeja in the home is at risk for maltreatment to initiate protective services and to make referrals as deemed appropriate.

 LOWO will conduct Wopasi (Assessment/Investigation) on wakanyeja abuse/neglect reports that are “screened in” and assigned to a Risk Assessment (Investigator) Worker during the intake screening process.

 Section requires all abuse and neglect reports to be jointly investigated by LOWO CPS and the Department of Public Safety. However LOWO CPS is the lead agency for conducting wopasi on maltreatment reports in order to determine treatment and services needs and to provide treatment and services to the wakanyeja and tiwahe

 Section distinguishes the responsibilities of agencies involved in wakanyeja abuse and neglect reports:  The Department of Public Safety is the lead agency to investigate reports of wakanyeja abuse for the purpose of criminal prosecution: and  The BIA Criminal Investigation Unit is the lead agency to investigate reports of sexual abuse for the purposes of criminal prosectuion

 Section (d) designates the Child Advocacy Center to conduct forensic interviews in maltreatment cases and when a need exists to collect eveidence for potential criminal prosecution  Section (g) (1)-(5) designates the Office of the Attorney General’s responsibilities that includes, but not limited to the prosecuting wakanyeja abuse and neglect cases, conducting wopasi and making referrals of suspected wakanyeja abuse and neglect reports and participating in the Integrated Child Welfare Work Group

 LOWO approaches a report of Wakanyeja Abuse and Neglect through the “Tiwahe Risk Assessment Process” which supports the family strengths as well as the “Investigative Assessment Approach” which utilizes the forensic interviewing techniques to determine if maltreatment occurred.

 The folloing professionals, agencies or groups may participate in some aspect of the Wopasi (Risk Assessment/Investigation)  The Integrated Child Welfare Work Group  The Multi-disciplinary team  The Tiyospaye Advisory Council  The Tiyospaye Nawicakicijinpi  The Tiyospaye Interpreters  Medical Personnel  Educational Personnel  Mental Health Personnel  Child Care Providers  Criminal Investigators

 Priority 1 High Risk – (Imminent Danger): respond immediately, based on obvious active threats to child safety. The child is currently exposed to abuse/neglect  Priority 2 Intermediate (Foreseeable Danger): there may be underlying dangerous family conditions that would pose a threat to the safety of the Wakanyeja  Priority 3 – Low/No Risk: No immediate or foreseeable danger however risk factors may rise to the level of foreseeable or imminent danger

 In cases of imminent danger, visual contact must occur immediately  In cases of foreseeable danger, visual contact must occur within 3 calendar days of the report  In cases where there is identified risk and the wakanyeja is 0-6 years of age and cannot protect themselves, visual contact must occur within 7 calendar days of the report  In cases where there is identified risk and the wakanyeja is 7 – 18 years of age, and there are indications the wakanyeja can protect self, visual contact must occur within 14 calendar days of the report  Imminent or foreseeable danger or risk, and mal-treated does not have access to the wakanyeja, visual contact must occur within 14 calendar days of the report or before mal-treated has contact with the wakanyeja

When a Wakanyeja Abuse/Neglect referral has been assigned “screened-in” for a Risk Assessment (Investigation) to occur, a face- to-face visual contact with the maltreated wakanyeja must occur to assess level of risk as well as protect the maltreated wakanyeja from imminent danger

This process allows for the Wakanyeja to provide information on rather the alleged incident occurred without the perpetrator interceding and affecting the outcome. (Hand Out – Wakanyeja Interviewing Questions)  Maltreated child  Non-maltreated child  Non-Perpetrating parent  Perpetrating Parent

 The focus of the Safety Evaluation is to identify any existing conditions of placing the wakanyeja in an unprotected situation and/or imminent danger.  The Risk Assessment examines risk factors predictive of future maltreatment of the Wakanyeja (Hand Out – Safety Plan)

SAFETY FACTORS  Maltreated Wakanyeja  Wakanyeja severely deprived suffering from malnutrition, cruel restraints, or is locked up  Previously maltreated Wakanyeja, prior CA/N history, caretaker reaction  Non-accidental trauma – inconsistent with injury type  Sexual abuse and/or sexual exploitation  Parent, guardian or custodian unable to protect or provide care due to substance abuse  Domestic violence places Wakanyeja in serious danger of being harmed  Life threatening arrangements exist now  Wakanyeja physical and mental health require immediate response  Parent, guardian or custodian cannot protect the wakanyeja from harm by others such as PA, SA or Neglect  Parent, guardian or custodian cannot meet basic needs, food, clothing, health care or is presently unsupervised  Wakanyeja is afraid of current living situation SAFETY INTERVENTIONS  Use of Tiyospaye Interpreter as care provider  Use of the tiwahe/Tiyospaye as care providers  Use of the Awayanka (In-Home Over Night Care)  The non-offending caregiver appropriately protect the Wakanyeja from the alleged perpetrator  The alleged perpetrator must leave the home  The non-offending caregiver appropriately protect the Wakanyeja from the alleged perpetrator  The non-offending caregiver must move to a safe environment with the Wakanyeja  Wakanyeja is placed in protective custody to assure safety

 A determination will be made on Wakanyeja Safety upon the Safety Evaluation:  If no significant risk factors were identified and no abuse and neglect occurred and the wakanyeja is safe then safety interventions do not need to be explored  If the worker has identified significant risk factors and/or injury to the wakanyeja has occurred, then the wakanyeja is not safe. The worker must then determine the best and least restrictive setting to keep the wakanyeja safe while child protective services or support services are provided to the tiwahe.  Some low – intermediate risk factors exist, but the tiwahe has agreed to use traditional Lakota and/or western-mainstream interventions to sufficiently address the risk factors that would adequately ensure the safety of the wakanyeja.

Safety Assessment Questions  Is the situation out of control without any means to maintain safety and keep the Wakanyeja from harm  Was the situation observed or observable that can be described in detail  The situation has caused injury to the Wakanyeja  The situation has reached a point where the injury could be inflicted on the Wakanyeja  Are there any caregivers that can provide for and ensure the safety of the Wakanyeja  Has sufficient information been gathered and analyzed to make a safety and risk determination and investigative disposition

 When imminent danger has occurred due to the actions of the parents, guardians, custodians or by actions of the wakanyeja, removal from the home will occur.  A determination will be made whether the presenting circumstances of the Wopasi warrant the removal of the wakanyeja from their parents, guardians, custodians and placed into temporary emergency care

 The Risk Assessment and Safety Evaluation take a comprehensive approach in assessing the primary caretakers. Examining the caregiver’s behaviors, emotions, level of functioning that could pose a threat to the Wakanyeja or illustrate their capacity to protect the Wakanyeja. Assessment of the physical setting, home, atmosphere and the people living in the home.

To assure the safety of the Wakanyeja, it is important to assess the Tiyospaye member’s care-giving role as well as their protective capacities. If they serve as a caregiver a determination will be made on if they will be part of the Risk Assessment and Safety Evaluation, as well as a potential safety plan.

WAKANYEJA MALTREATMENT  Identifying alleged child TIWAHE ASSESSMENT  Assessment of Tiwahe functioning The LOWO Risk Assessment is two-fold!

 What questions do you ask during the interview (Wakanyeja Maltreatment) Process?

 What questions do you ask during the Tiwahe Assessment Process?

Risk Factors are the behaviors of the child and parent that can lead to child maltreatment. In conducting the risk assessment on the Wakanyeja Na Tiwahe it is imperative to involve the whole Tiwahe in the assessment process, family engagement is the vital step in obtaining information to make thoroughly decision on what risk factors may be present within the family.

 High Risk:  The parents, caretakers or guardians are young  Little to no knowledge of child development  Child discipline that does not match the child’s development  Lack appropriate parenting skills to care for children  Inadequate coping strategies, high levels of stress  No access to resources and services  Domestic Violence, Substance Abuse, Mental Health  Unemployment  Child is seen in negative terms, unwanted or “mistake”  Child is physically or mental disadvantaged  Lack of social support

 Moderate Risk:  Limited resources and services  Limited understanding of basic childhood development  Changes in family dynamics: divorce, separation  Diminishing mental, social or physical health of parent  Employment or marital status changes  Changes in Child’s physical or mental health  Prior history of child abuse & neglect  History of substance abuse

 Low Risk  Parents has appropriate parenting skills that match the child’s development  Parents have services and resources to meet the child and families needs  Prior challenges with substance abuse, no longer current

 Age of Wakanyeja ability to protect or care for self  Alleged Wakanyeja Maltreatment  Imminent danger, foreseeable or risk to Wakanyeja  Likelihood of future wakanyeja maltreatment  Parent, Guardian or Custodian level of cooperation  Previous history of Wakanyeja Abuse & Neglect  Perpetrator’s access to Wakanyeja  Presences of parent substitute

How does the Wakanyeja function and could the functioning ability place the wakanyeja at risk?  Wakanyeja Spirituality or Religion  Wakanyeja Education  Wakanyeja Social  Wakanyeja Mental Health  Wakanyeja Physical Health  Wakanyeja Independent Living Skills

How does the parent function and could the functioning ability place the wakanyeja at risk?  Spirituality  Ability to problem solve & access services  Income  Mental Health  Education  Social  Physical Health

Observing and assessing parental functioning can assist in determining the level of skill the parent possess to assure wakanyeja safety.  Parenting Skills (General)  Discipline Methods  Supervision

Given the importance of Tiyospaye Interpreters, Wakan Iyeska and spiritual and cultural practices the LOWO Assessment Worker should identify the following within the Risk Assessment.  The Tiwahe participates in Lakota practices and customs  The Tiwahe have a preferred Wakan Iyeska  The Tiwahe requests cultural services

. This contact log serves as written form of supportive documentation that the wakanyeja and tiwahe were assessed and interviewed, in the event that the Tribal Court System requests to review the Risk Assessment, a through documented narrative can be provided to support the dispositional outcome of the risk assessment.

 If the investigation finds abuse/neglect did not occur or if there were no risk factors indicating the wakanyeja would be harmed, the following should occur:  Referral Not Appropriate: “Inactive” status placed on case, Otunga Ekignakapi (End Process) concludes the Wopasi (Investigation)  Tokunl (Referral is Appropriate: Tiwahe voluntary requests services. LOWO CPS assists tiwahe in identifying interventions, including referrals to Tiyospaye Interpreters

 A determination for referral of services will be made for the Tiwahe in the absence of maltreatment, the Tiwahe need for services or if intermediate or high risk factors exist  Referral Not Appropriate: If the need of additional services is not warranted or request by the Tiwahe, then an “inactive” status is initiated, or Otuga Ekignakapi (End Process) concludes the Risk Assessment and contact with wakanyeja, parents, guardians or custodians.  Tokunl (Referral)/Referral is appropriate: If continuing risk factors exist and there is supporting evidence to warrant additional services to maintain wakanyeja a referral will be made for supportive or therapeutic services. The Tiwahe may also request voluntary services to help improve family functioning.

 There are three possible dispositions as a result of the Wopasi (investigation).  Unsubstantiated: The LOWO CPS determines that it is reasonable to conclude that abuse or neglect has not occurred.  Indicated: The LOWO CPS has determined during the course of the Wopasi (Investigation) that some evidence of child maltreatment occurred however not enough to substantiate the case  Substantiated: The LOWO CPS determines that the allegation of wakanyeja abuse or neglect or that a high risk level for future maltreatment was present