Running Head: ORGANIZATION CONTENT PAPER: INDIAN CHILD WELFARE

SYSTEMS

Organization Content Paper: Indian Child Welfare System

Melinda Brockie
Western Washington University

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
Abstract
In this paper I will be writing about the Indian Child Welfare System. By explaining
what the Indian Child Welfare Act is, what it means, and how it impacts tribes and governmentto-government relationships with states. This paper will also briefly review state and child
welfare services available to American Indian children and families. To paint a picture of what
Indian Child Welfare is, I will talk about child protection services from tribal and state
perspectives. Discussing title IV-E and how it can help increase access to Native American foster
care homes to Indian children along with reimbursements and financial support for foster care
homes. In addition to discussing what the Indian Child Welfare Act is, I will also discuss how
this organization or welfare system impacts tribes across Indian Country; in terms of
institutionalized racism, governmental biases, and the impacts this has on cultural genocide. I
will also discuss how this stems from historical trauma and why the ICWA was enacted. The last
piece to this, I will present a study discussing the improvements that can be made or
implemented to strengthen ICWA. By proving if the guidelines are followed it could be a
program that would better benefit all stakeholders.

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS

Organization Content Paper

Indian Child Welfare System
The Indian Child Welfare Act (ICWA) was passed in 1978 due to the alarming
devastation of Indian children being removed from their homes and placed with non native
families, among other factors. ICWA was passed to reinforce tribal governments to take
jurisdiction over cases involving their own tribal children residing on the reservation. Since the
passage of ICWA, the need for tribal foster care has increased, with little resources or support in
place. In the article by Mannes (1993), it states ICWA urged tribal governments to assume

jurisdiction over cases involving children living on the reservation, and required state courts
to transfer jurisdiction to tribal courts in child welfare cases involving young native people
living off-reservation. (p. 142). Because of the Passage of ICWA tribes were able to access
funding from the BIA to create programs, and establish laws, guidelines and provisions to
enforce not only ICWA but self-governance and tribal sovereignty as well.
Children welfare can be summed up as stated by Mannes (1993) as, One of the
fundamental dilemmas and tension in child welfare, wherever and with whomever it is
practiced revolves around finding and maintain that elusive balance between protecting
children and preserving families. (p. 142). This is the primary concern and foundation for
child welfare. For Indian Child Welfare it is protecting children, maintaining families, and
protecting and preserving culture. ICWAs primary reason for creation is to keep Native
American children with Native American families. But Mannes (1993) also states,
Ironically, tribally based child welfare programs seem to be responding to their increasing

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
case loads by acting as the other jurisdictional units have historically behaved- they are breaking
up Native families, separating children from their parents, and making extensive use of out-of
home care. (p. 144). Whereas, ICWA is a good thing for tribes by addressing the mission of
family preservation, protecting children, and preserving culture is secondary to case loads. There
are financial issues and lack of ICWA compliance on all levels and tribes can benefit by taking
jurisdiction and increasing case load. ICWA emphasizes the importance of keeping families
intact and children in the communities, to prevent the increase of harm done with out of home
and non-native placement as in an attempt to preserve culture.
ICWA Policies: State and Tribal
Discussing the policies in place for the Indian Child Welfare system is relevant in
showing the lack of compliance to ICWA, and the disparities that stem from lack of
implementation. To first understand policies you need to understand them from a tribal
prospective. From an Indian Child Welfare perspective, the ICWA needs to be understood from
congressional findings, as stated in Crofoot & Harris (2012):
1901. Congressional findings: Recognizing the special relationship between the
United States and the Indian tribes and their members and the Federal
responsibility to Indian people To fulfill treaty obligations to American Indian
and Alaska native peoples Congress had to act. Sovereign American Indian and
Alaska Native nations spoke up to protect the rights of their citizens, and to
demand that their citizens-children, parents, grandparents, relatives, and guardians
receive due process guaranteed under treaties and federal responsibilities to tribes
that extend from the beginning of the Republic. The ICWA comes from the
nation-to-nation relationship between the United States federal government and
federally recognized tribes. In this respect the ICWA is similar to a body of law
related to international child welfare issues. (p. 1670)
Compliance with ICWA guidelines, process, interpretation and inclusion of Tribal Nations has
been an issue since its enacting. The National Indian Child Welfare Association (NICWA), a non-

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
profit organization was established in 1983, to help tribes better understand ICWA. NICWA is all
about preserving Indian children, families and culture as they deem our children the most
precious resource of our people.
ICWA compliance includes (National Indian Child Welfare Association, 2015):

Legal requirement for state caseworkers to connect with Tribal Nations if working with

Native children
Ensure Indian communities and tribal court decides the best interest of the Indian child
Custody proceedings are done in tribal court if the Nation has one
Tribal courts oversee the removal of children from families
Voluntary adoptions
Voluntary placements
Termination of parental rights

This is just a snap shot of the main policies of ICWA underneath those are procedures and
guidelines to accomplish such requirements. ICWA states that tribal nations determine
enrollment and verification. In, Crofoot & Harris (2012) it states, The ICWA specifically
requires culturally competent persons to provide qualified expert testimony in Indian Children
custody proceeding. (p. 1670). Along with all of these guidelines every reasonable effort needs
to be made to adhere and comply with ICWA which is not often the case. All of this stems from
historical trauma since first contact of Native Americans and colonialist. The relationship of the
United States government and Native Americans caused trauma to Native Americans from
boarding schools; which all leads to the issue of colonization, continued institutional racism, and
bias from the US government in dealing with Indian children. It speaks to the power dynamics at
play and the influence and power the US government has always had on the removal of Indian
children. The dynamic of power has a huge role in this system. It was established at the first

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point of contact in American Indian History. Native Americans are not a conquered people but
are survivors and are still here fighting for existence as many signed treaties or were recognized
by presidential executive order. Where Foucaults concept of knowledge is power, where
Fillingham (1993) states, These same people who decide what is knowledge in the first place
can easily claim to be the most knowledgeable-to know more about us than we do ourselves. (p.
8). The concept itself speaks to the historic relationships and perceptions of Native Americans
imposed from the United State government since first contact. It speaks to the oppression, the
removal of children from the homes, pushing Native Americans on to reservations far from
where they were originally from. Knowledge is power and to strip away a people from its
culture, family, and language renders them helpless and malleable to colonize. The power
dynamic was instilled. Native Americans had to survive by surrendering to reservations,
colonization, and at the discretion of the United States Government. Crofoot & Harris (2012),
states it so eloquently:
From an Indian Child Welfare perspective and on-going systemic bias against
Indian Children and families has been established beyond a reasonable doubt and
has been admitted to be official child welfare policy. The Indian Child Welfare
Act was established in part to contend with prevailing and official racial bias in
the child welfare system and subsequent research in Indian Child Welfare has
found ongoing problems with state compliance with the Indian Child Welfare
perspective, suggests that a systemic racial bias continues to exist in federal and
state child welfare systems. This means, at least for Indian children, that racial
bias is a recent part of the child welfare system. (p. 1671).
Racial bias will continue to be an issue until compliance to ICWA is number one priority. Native
American children will continue to be disproportionately over represented in the child welfare
system. Indian children will continue to not receive the services necessary to keep them home, to
protect them all while preserving culture and family preservation.

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
State and Tribal Perspectives on Collaboration of Services
Re-examining child welfares response to ICWA: Collaborating with community based agencies
to reduce disparities for American Indian/Alaska Native Children
This section will summarize a research study that was conducted to implement various
programs as far as alternatives and inclusion of cultural dynamics of ICWA. As discussed in the
2013 study, Re-examining child welfare's response to ICWA: Collaborating with communitybased agencies to reduce disparities for American Indian/Alaska Native children. This study
showed how state and tribal collaborations are used to better utilize culturally based approaches
to decrease disparities for Indian Children. It depicts alternatives and other avenues to increase
family re-unification. This article discussed a case to exemplify the work done between Colorado
CPS and a tribal family agency. It documents a familys journey through the system and depicts
the team work that was done to keep this family unit together. Colorado CPS and the Denver
Indian Family Resource Center developed a family preservation model that included both native
services, and CPS services. Bussey & Lucero (2013) break down this model:
Direct services addressed family stressors and caregiver substance abuse and mental
health issues, and incorporated Native cultural values. Systemic interventions focused on
collaborative partnerships and provided CPS with practical ways to comply with the
Indian Child Welfare Act. Agency data showed an increase in the number of children
remaining at home or with extended family. Statewide data showed a decrease in the
disparity ratio for placement of Native children compared to White children. (p. 394)
It sounds very similar to a wrap around service model where they are getting services to the
table to help keep this family together. This article discusses the statistics and success cases since
implementing this family preservation model. These services incorporated the state CPS agency,
tribal ICW, strengthened the ICW guidelines, and increased collaborations between all

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
stakeholders. All while incorporating culturally relevant services. Speaks to the piece in ICWA
where every reasonable effort needs to be made and if there is, it will be successful.
An Empirical Examination of the Indian Child Welfare Act and Its Impact on Cultural and
Familial Preservation for American Indian Children
In this article it will discuss the ideal scenario for ICWA and the benefits from following
the guidelines and why it is integral for Native American children. This study will emphasize the
importance and positive outcomes of following ICWA guidelines, and following the lead of tribal
case workers when it comes to cultural and familial ties. Family, community and culture are
important factors to the holistic well being of children. This study will look at compliance and
reunification of tribal members from one southwestern state. Data for this study is pulled from
CPS records for 49 ICWA children; they compiled data based on compliance, expert witnesses,
and inclusion of culturally relevant resources. Also 78 state case workers and 16 tribal case
workers were interviewed about compliance and understanding of ICWA guidelines and
regulations. In the article (Limb et al. 2004) it states Highlighting such ties acknowledges the
importance of reunification and cultural and familial preservation to enable children to have a
clear sense of tradition and belonging. Evidence indicates that compliance with ICWA promotes
better outcomes through reunification. (p. 1280) This statement was made so powerfully and is
very true. It is integral to include tribal case workers and allow them to take the lead when it
comes to culture, traditions, and overall well being of American Indian Children.
The two articles are included to show that it is possible to utilize every reasonable
effort to ensure every American Child is receiving culturally appropriate services in adherence to
ICWA guidelines. These studies also show how they work, the improvement of numbers,

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
disparities, and decrease of over representation of Native Children in the system. ICWA does
work. There just needs to be trainings around culturally competency, and introductions of
resources on all levels to establish the open line of communication. The fact that state case
workers from 78 states provides strong data to speak to the lack of guidance they have to comply
with ICWA. Ensuring these approaches are trauma informed and include the preventative and
direct treatment services families need for keeping families intact or if out of home placement is
required, reunification. This approach advocates to changing the cycles of historical trauma.
Affecting Social Change
Title IV-E is a game changer for tribes to strengthen the effectiveness of ICWA in
Tribal Nations for Tribal Children. Title IV-E is an agreement between tribes and states. Title IVE of the Social Security Act is an important funding source to American Indian tribes. Services
that are covered under title IV-E, available to American Indians will improve Indian Child
Welfare programs if implemented correctly and if funds go directly to the tribe. Various services
covered under title IV-E are: foster care maintenance payments, administrative costs, training,
recruitment costs for training and finding foster parents. If an agreement was leveraged in favor
of tribes, Title IV-E monies would go directly through the tribe instead of distributed as
reimbursements from the state at the end of the fiscal year. Direct funding would empower tribes
to spend as they see fit, to increase foster home licenses, provide respite care, and more training
and education for children and families to strengthen familial ties to keep children home. In
ordered to leverage stronger compact agreements between the state and tribes to gain access to
these monies directly; we can refer to the ideas of Saul Alinsky and his video The Democratic
Promise. Saul believe in democracy in its truest form, and instilled power in the sense of unity,

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
organization, alliances, and knowledge. His out of the box techniques to affect social change
were historically game changing in various causes such as The Back of the Yard Union Council,
Industrial Areas Foundation, Reveille for Radicals etc. He believed the people needed to organize
to for the checking of the system to keep it balanced. Alinsky empowered communities to fight
for what they deserved. I think Tribal nations could learn a lot for the concepts of Saul Alinsky.
Conclusion
In closing the Indian Child Welfare Act, is a system of oppression, racial bias, and instills
unfair power dynamics. Although its creation is for the improvement of culture and family
preservation, in tribal communities and Native American children the lack of enforcement and
compliance speaks to the racial bias of state caseworkers simply not having the culturally
competency to seek direction. Instead of recognizing ICWA and Title IV-E as nation to nation
agreements, they are not given enough power to utilize or effectively change the dynamics of a
structure established before ICWA. It is hard to effect change when nobody believes it is
possible. In this paper, two approaches were shared to speak to various models of how ICWA can
be followed. ICWA can work if every reasonable effort is practiced with all stakeholders. Title
IV-E is a vital piece to ICWA and if tribes were able to get the money directly to them it would
strengthen the services provided to protecting children, and preserving culture and families.
There are so many things to consider pre ICWA that speak to its effectiveness and so long as
cultural competency is instilled in state case workers trauma informed services can begin.

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS

References
Adoption of American Indian Children: Implications for implementing the Indian Child Welfare
and Adoption and Safe Families Acts Barth, Richard P. ; Webster, Daniel ; Lee, Seon
Children and Youth Services Review, 2002, Vol.24(3), pp.139-158 [Peer Reviewed
Journal]

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
American Indian Tribal/State Title IV-E Intergovernmental Agreements: An Update on the
Challenges and Opportunities for Accessing Foster Care and Adoption Assistance Limb,
Gordone. ; Baxter, Aaron Journal of Public Child Welfare, 2012, Vol.6(4), p.497-511
[Peer Reviewed Journal]
An Empirical Examination of the Indian Child Welfare Act and Its Impact on Cultural and
Familial Preservation for American Indian Children Limb, G. E. ; Chance, T. ; Brown, E.
F.Child Abuse and Neglect: The International Journal, 2004, Vol.28(12), p.1279-1289
[Peer Reviewed Journal]
An Examination of the Indian Child Welfare Act Section of State Title IV-B Child and Family
Services Plans Limb, Gordon ; Brown, Eddie Child and Adolescent Social Work Journal,
2008, Vol.25(2), pp.99-110 [Peer Reviewed Journal]
An Indian Child Welfare Perspective on Disporportionality in Child Welfare Crofoot, Thomas L.;
Harris, Marian S. Children and Youth Services Review, 2012, Vol.34(9), pp.1667-1674
[Peer Reviewed Journal]
Findings from a national needs assessment of American Indian/Alaska native child welfare
programs Leake, Robin ; Potter, Cathryn ; Lucero, Nancy ; Gardner, Jerry ; Deserly,
Kathy
Child Welfare, May-June, 2012, Vol.91(3), p.47(17) [Peer Reviewed Journal]
Fillingham, L., & Susser, M. (1993). Foucault for beginners. Writers and Readers.
Indian Family Exception Doctrine: still losing children despite the Indian Child Welfare Act
Cross, Suzanne LChild welfare, 2006, Vol.85(4), pp.671-90 [Peer Reviewed Journal]
Native American Indian child welfare system change: implementation of a culturally appropriate
practice model across three tribal child welfare systems Scannapieco, Maria ; Iannone,
Mary A. Child Welfare, May-June, 2012, Vol.91(3), p.157(16) [Peer Reviewed Journal]
National Indian Child Welfare Association. (2015) Indian Child Welfare Act. Retreived from
http://www.nicwa.org/Indian_Child_Welfare_Act/
Re-examining child welfare's response to ICWA: Collaborating with community-based agencies
to reduce disparities for American Indian/Alaska Native children Bussey, Marian ;
Lucero, Nancy M. Children and Youth Services Review, 2013, Vol.35(3), pp.394-401
[Peer Reviewed Journal]

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ORGANIZATIONAL CONTENT PAPER: INDIAN CHILD WELFARE SYSTEMS
Seeking the balance between child protection and family preservation in Indian child welfare
Mannes, Marc Child Welfare, March-April, 1993, Vol.72(2), p.141(12) [Peer Reviewed
Journal]
The politics of the Indian Child Welfare Act Matheson, L Social work 1996, Vol.41(2), pp.232-5
[Peer Reviewed Journal]
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adoption funding Brown, Eddie F ; Limb, Gordon E ; Clifford, Chey A ; Munoz, Ric ;
Whitaker, Leslie Schueler Child welfare, 2004, Vol.83(4), pp.293-316 [Peer Reviewed
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