1. Introduction to Indian Child Welfare Classroom Session

2. “We Shall Remain” Film Clip
Discussion of video
Historical Trauma
Foundation
Click the image to watch video.

3. Legal and Historical Basis
Briefly explain what lead to the passage of the federal Indian Child Welfare Act.
-Historical acts of actual and cultural genocide, boarding schools and forced removals, policies to place Native children into White homes and “assimilate” them, practices and policies that led to huge numbers of children being removed from families in Indian communities and within tribes.
Explain the nature of the relationship between federally-recognized Indian Tribes and the US government, and how this impacts our work with Tribes under ICWA.
-Tribes are sovereign and the US government maintains a government to government relationship with Tribes. This means that when social workers or DSHS interacts with Tribes and their representatives we must be mindful of the full sovereignty (decision making authority, etc) of Tribes and interact with them in a way that recognizes this gov. to gov. relationship.
Discuss the article Reactions by Native American Parents to Child Protection Agencies: Cultural and Community Factors
Discussion point: With historical trauma, the lack of trust in the state system and what was read in the article; how would you as a CA caseworker approach a family? What would be the best ways in building rapport with families?

4. Verification of a Child’s Indian Status
Briefly summarize the main requirements of ICWA in regards to the following:
Identifying Indian Children
Must ask both parents (and should extend to other family members), document information including the Ancestry Chart, and then contact tribes to verify a child’s status as a member or the biological child of a member and eligible for membership.
What is the definition of an Indian Child used by federal and state ICWA?
Any unmarried (or unemancipated) person who is under age 18 and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe
What is the process for sending an inquiry to a federally recognized tribe and documenting that the inquiry was sent?
A NAIR referral – workers should document in a case note…coaches/trainers may want to note that CA will be releasing revised policy and procedure in 2016 that workers will need to follow when implemented
If a child may be an Indian Child affiliated with more than one federally recognized tribe, what is the requirement for verifying their Indian status with each Tribe – must we send an inquiry to each possible federally recognized tribe or can we stop once one Tribe has confirmed the child’s membership or eligibility for membership?
Inquiry letters must be sent to each tribe the child may be eligible for membership in
**Legal Notice discussion** - review judicial form and discuss in class

5. Important Forms
In CA, these two forms are important in recording verification of Indian ancestry. The Indian Identity form asks both parents about Indian ancestry. If they claim that they do indeed have Indian Ancestry, the Family Ancestry Chart is filled out to note the lineage.
Let’s practice completing Family Ancestry Charts in class.

6. Family Ancestry Chart
Here is a copy of a completed Family Ancestry Chart. Please take note of the different Tribal affiliations. Remember to get specific names of Tribes, Bands and/or locations

7. “ ” Federal Definition of an Indian Child
…any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe
Federal Definition of an Indian Child ”

8. Legal Notice
Discussion: Per ICWA, Tribes should receive Legal Notice about major hearings in a child’s case. The first hearing that Legal notice is required is the Dependency hearing (Fact-finding hearing) and Termination of Parental Rights. Along with Legal Notice, ICWA cases require a higher standard of proof by the courts.

9. Working with Tribes 1.7.3 Working With Tribes
Briefly summarize the main requirements of ICWA in regards to the following:
Tribal Jurisdiction
Tribes have the right to assume jurisdiction over a case involving an Indian child who is a member or eligible for membership in their tribe
Sovereignty is an important concept guiding the working relationships between representatives of Children’s Administration and representatives of federally recognized Tribes. How does this impact our work together?
It means that our interactions should reflect this government to government relationship. Tribes are not stakeholders or a special interest group. They have rights regarding each child who may be a member or eligible for membership in their Tribe.

10. Regional Map of Washington State
Let’s review this map. It shows how Washington State is divided into regions and where tribes are located.
Read the explanation of MOU’s/Local agreements titled “Memorandums of Agreement/Understanding Info” on the CA intranet ICW page. From the home page go to Programs – then ICW:
Look through a few MOU’s. Read the MOU pertaining to a Tribe in your region that you believe you are likely to work with. List two things the agreement between this Tribe and CA addresses:
3. Various including jurisdiction, notification of an intake, investigations on and off the reservation, case management and access to services, transfer of dependency actions to Tribal court, placement preferences, etc.
4. Who would you contact if you could not locate an MOU for a Washington state, federally recognized tribe?
Your local ICW Program Coordinator
Review the policy for LICWAC staffings in the Indian Child Welfare Manual section 10.05
If a child’s tribe is involved and has not requested a staffing, is LICWAC staffing appropriate? No
When, where, and how often are LICWAC staffings available in your area?
Answers will vary
Work with your supervisor, co-workers, or the LICWAC coordinator to attend a LICWAC staffing.
What was the purpose of the particular LICWAC you attended? What did you observe about the staffing that might be helpful to a staff member who was going to present a case at LICWAC?
Answers will vary.
*If the participant wasn’t able to attend a LICWAC, work with them to identify opportunities to do so before RCT is complete or ensure that they have a good understanding of the LICWAC process.
Use information found on the CA Intranet ICW page to answer the following questions. From the home page go to Programs – then ICW:
List a Tribe located within your region. Provide their contact information. Identify any resources or services they may provide to mutual clients. This may be identified by looking at a Tribal web page, asking local ICW staff or supervisor, or reviewing a case file and noting culturally specific services provided to an Indian Child and their family from that tribe.
Use the federal register to look up information on the White Mountain Apache Tribe. Where are they located?
Whiteriver, Arizona. Yes
Discussion point: Review the federal register and Tribal contact forms for Washington State Tribes on CA intranet, ICW page. Depending on location of RCT, have participants locate the closest Tribe to their office and find out who the after-hours contact person is for that Washington State Tribe. 
 Possible class question/demonstration. Class activity to locate closest tribe to their office.

11. Placement of Indian Children
Placement of Indian Children
Briefly summarize the main requirements of ICWA in regards to the following:
Placement
Creates a placement preference hierarchy. Many tribes have their own placement preferences which can be identified by contacting the tribe. And in Washington state the placement of preferences of Washington state tribes may be found in their MOU (if the tribe has an MOU with the state) or by contacting the Tribe.
Voluntary Placement (VPA)
VPA must be signed in court where a judge/commissioner can advise the parents of their rights, and the child needs to be over 10 days old
Notifying the child’s Tribe of Placement
Must happen prior to the move or as soon as possible if the placement/move was an emergency.
Use the information in the CA Indian Child Welfare Policies and Procedures, Chapter 7 Indian Child Placement Preferences and Relative Search , to answer the following questions .
What is the name of the form that must be sent to the child’s extended family members during the diligent search for a suitable placement?
Notice to Extended Family Members, DSHS
The social worker does not make an out-of-home placement of an Indian child prior to review and, when possible, approval of the placement by the social services program of the child's Tribe(s). If the child is placed in emergency circumstances, the social worker contacts all identified Tribe(s) within one working day of placement.
When an Indian Child is placed outside the placement preferences of their Tribe or of RCW , diligent efforts must continue to identify a suitable placement within the placement preferences. True or False? True

12. Achieving Permanence Through Active Efforts
Briefly summarize the main requirements of ICWA in regards to the following:
Active Efforts
Must make active efforts to prevent removal of the Indian child from their home and also to reunify an Indian child with his/her parent or Indian custodian after removal. For examples of active efforts see the WSICWA, or newly revised BIA guidelines, they include diligent, purposeful, ongoing actions that integrate cultural practices and provision of concrete resources to assist parents in making progress.
Termination of Parental Rights
The state must prove beyond a reasonable doubt that the Indian child would be seriously emotionally or physically damaged by continued custody with the parent.
An expert witness, familiar with the child’s tribe, must testify that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
List three different local providers, entities, or supports that provide culturally specific services (housing, treatment, health, financial, parenting, vocational, legal, etc) to parents or children placed in homes outside of extended family and their tribe.
a. Various
b.      
c.      
ICW Program Consultants serve as support to staff and supervisors by helping them to understand and follow law, policy, and local agreements/MOU’s. They also serve to assist staff and supervisors in creating better working relationships with Indian children, their families, and Tribes. ICW program consultants are available in every region. Use the contact information posted in the document on the top, right hand side of the ICW page to locate your ICW Program consultant. What is their name and contact information:
Various
Are there specialized Indian Child Welfare units in your area? What responsibilities do they have and what responsibilities do non ICW designated staff have in regards to ensuring ICWA compliance?
Region 1 – there is the Spokane ICW unit – but there other assigned workers/staff who handle ICWA cases.
Region 2, there are specific units and the OICW office.
Region 3 – Pierce West has the ICW unit to work with the Puyallup Tribe, however, the other staff of Region 3 need to be aware of and practice ICWA.

13. Terminology Identifying Indian Children Indian Child Definition
Active Efforts
a.) Prevent removal b.) Must ask both parents c.) Member of Indian tribe
ICWA Terminology – Let’s match the terms on the left with the terms on the right
Requirements for Identifying Indian Children – (Selection b) Must ask both parents (and should extend to other family members), document information including the Ancestry Chart, and then contact tribes to verify a child’s status as a member or the biological child of a member and eligible for membership.
What is the definition of an Indian child by Federal and State ICWA – Any unmarried (or unemancipated) person who is under age 18 and is either (Selection c) (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe
Briefly summarize the main requirements of ICWA in regards to Active Efforts - Must make active efforts to (selection a) prevent removal of the Indian child from their home and also to reunify an Indian child with his/her parent or Indian custodian after removal. For examples of active efforts see the WSICWA, or newly revised BIA guidelines, they include diligent, purposeful, ongoing actions that integrate cultural practices and provision of concrete resources to assist parents in making progress.

14. Terminology Tribal Jurisdiction a.) Must happen prior to move
Placement Preference
Notifying the Tribe of Child’s Placement
a.) Must happen prior to move
b.) May be found in their MOU
c.) Right to assume jurisdiction
ICWA Terminology-Let’s match the terms on the left with the terms on the right
Briefly summarize the main requirements of ICWA in regards to Tribal Jurisdiction - Tribes have the (selection c)right to assume jurisdiction over a case involving an Indian child who is a member or eligible for membership in their tribe
Briefly summarize the main requirements of ICWA in regards to Placement Preference - Creates a placement preference hierarchy. Many tribes have their own placement preferences which can be identified by contacting the tribe. And in Washington state the placement of preferences of Washington state tribes (selection b) may be found in their MOU (if the tribe has an MOU with the state) or by contacting the Tribe.
Briefly summarize the main requirements of ICWA in regards to Notifying the child’s Tribe of Placement – (selection a) Must happen prior to the move or as soon as possible if the placement/move was an emergency.

15. Terminology
a.) Process for sending Inquiry b.) Beyond a reasonable doubt c.) Signed in court
VPA
TPR
NAIR
ICWA Terminology-Let’s match the terms on the left with the terms on the right
A NAIR referral is the (selection a) process for sending an inquiry to a federally recognized tribe and documenting that the inquiry was sent.
Briefly summarize the main requirements of ICWA in regards to VPA - VPA must be (selection c) signed in court where a judge/commissioner can advise the parents of their rights, and the child needs to be over 10 days old
Termination of Parental Rights - The state must prove (selection b) beyond a reasonable doubt that the Indian child would be seriously emotionally or physically damaged by continued custody with the parent.
An expert witness, familiar with the child’s tribe, must testify that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child