After 18 & ICWA

Eligibility and Practice with Tribal Youth

Draft only

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Agenda- Demographics- After 18 Values- Quick Facts- Native American Values & Beliefs- Small Group Discussion- AB 2418 (2010)- Eligibility for After 18- Participation in After 18

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Agenda (continued)

- Placement- Permanency – TCA & Adult Adoptions Kin-GAP- Legal Process & Engaging the Tribe- Small Group Discussion- Re-entry- Question and Answer

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Learning Objectives

Knowledge:• K1. The trainee will be able to identify the basic

provisions of the AB 12 (2010) /AB 212(2011) & AB 1712 (2012) legislation and its impact on Indian youth in foster care

• K2. The trainee will be able to identify basic facts about the demographics of Indian youth in California, foster care and disproportionate representation

• K3. The trainee will be able to identify key similarities and differences between After 18 Values and common Native American values and beliefs

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Learning Objectives

• K4. The trainee will be able to identify the basic eligibility for participation in the After 18 Program and specific issues related to Indian youth

• K5. The trainee will be able to identify how Tribal Customary Adoption and Adult Adoption per AB1712

and Kinship Guardian Assistance Payments (Kin-GAP) support permanency in the After 18 Program.

• K6. The trainee will be able to identify the differences between “Active Efforts” and “Reasonable Efforts” in engaging Indian youth

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Learning Objectives

Skills:

• S1. Using small group discussion, the trainee will be able to describe and implement “Active Efforts” when engaging youth to remain in the After 18 Program or entry/re-entry once dependency is dismissed

Values:

• V1. The trainee will value the benefits of participation in the After 18 Program for non-minor dependent youth

• V2. The trainee will value common Native American values and beliefs

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Learning Objectives

• V3. The trainee will value the role of Tribal Customary Adoption and its role in permanency for Indian youth.

• V4. The trainee will understand the value of encouraging trust when engaging Tribal communities.

• V5. The trainee will value collaboration and the use of participatory team-based practices with emerging adults, service providers and others engaged in supporting young adults in transition.

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2013 California Department of Finance Child Population Projections

CaliforniaEthnic Group Ethnic Group

TotalBlack White Hispanic Asian/P.I. Native Other

Black610,529 610,529

White3,029,346 3,029,346

Hispanic5,553,368 5,553,368

Asian/P.I.1,209,214 1,209,214

Nat Amer43,861 43,861

Other470,735 470,735

Total601,539 3,029,346 5,553,368 1,209,214 43,861 470,735 10,917,054

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Children with Entries into Foster Care, by Race/Ethnicity: Jan. 2012 to Dec. 2012 in CA

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After 18 Values

• Voice of young adults

• Assistance and partnering

• Love and belonging

• Unique needs

• Eligibility is maintained

• Development is supported

Quick Facts

• Not all tribes are federally recognized; California descendants from non-federally recognized tribes or those not eligible for enrollment in their federally recognized tribe(s) may still qualify for services from Native American agencies, especially in urban communities.

• Children may be descendants of tribal members, but not be eligible for enrollment

• Spirit of ICWA intends to treat these as ICWA cases following the Spirit of the Act

• Research shows that children who stay connected to their culture and community have better outcomes

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More quick facts

• Some American Indians/Alaskan Natives may not have complete knowledge of their tribal heritage and/or may not always readily disclose their heritage when speaking with social workers during initial contacts.

• Tribes are sovereign nations, so being American Indian is not only a racial/ethnic distinction; it is also a political status.   

• The United States has a government to government relationship with American Indian/Alaskan Native tribes.

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Tribal Communities

• Within Native communities, it is common to develop and socialize within a group oriented/familial approach that serves as one of the principle protective factors for children and their well-being

• In Native communities, growing up in homes of different family members that may or may not be blood related, or are distantly related, is viewed as a sign of positive social relations for the child, and as an opportunity to develop in multiple supportive environments (Caldwell et. al, 2005).

• Family, community, tribal and environmental relations often take precedence over individuality

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• Traditional beliefs concerning relation, harmony, balance, spirituality, and wellness are important and highly valued in many tribal communities. 

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Tribal Communities

Relation

• Central to many Native American spiritual traditions, is the importance of "relation" as a way of existing in the world.

• The power of relation is symbolized by the Circle of Life, represented throughout the traditions, customs and art forms of Native people (Dufrene, 1990).

• This Circle of Life is believed, in many tribal traditions, to consist of the basic elements of life: fire, earth, water and wind.

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Harmony and Balance• In many tribes, traditional values reflect the

importance of – Community contribution– Sharing– Cooperation– Noninterference– Living in harmony with nature– Living in the present– Preference for explanation of natural phenomena

according to the spiritual– Deep respect for elders (Garret, 1999)

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Wellness

• For many, traditional Native American views of healing and wellness emphasize seeking harmony within oneself, with others and with one's surroundings (Garrett & Carroll, 2000). 

• Wellness services in tribal communities include modern medicine, but traditional medicines and healers are also incorporated into services provided for a family.

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SpiritualityIn many Native American languages, there is no word for "religion" because spiritual practices are an integral part of every aspect of daily life; spirituality is necessary for the harmony and balance, or wellness, of the individual, family, clan and community (Locust, 1988). 

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Cultural Identity

• As in every culture, it is very important to consider the stage of personal identity development of the people involved when looking at family practices, values and beliefs.

• Today, many Native American families may identify themselves as either traditional, bicultural, or assimilated. The distinction is largely based on the location of the household, language spoken at home, and the participation in religious events (Allison & Vining, 1999).  

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School Cultural Identity• Native American children have always learned about their

tribal traditions and values from other members of their tribe(s) and especially their elders; in tribal communities, everyone has a role and responsibility to contribute to the community

• Historically, U.S. governmental agents utilized education systems in an attempt to assimilate Native American children into American societal standards by teaching menial labor skills and using abusive practices

• Many children experienced physical, emotional, verbal and sexual abuse if they spoke their language, practiced their tribal traditions or went against the rules of that American educational institution

 

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Educational Facts

• In 2012, 93% of Indian youth attended non-tribal, public schools (The Education Trust, 2013)

• In the 2010 / 2011 school year in California, 68% of Indian youth graduated from high school in CA (U.S. Dept. of Education www.ed.gov)

• There are over 2.1 million Indian youth under the age of 24 (Center for Native American Youth)

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Higher Education

• 52% of Indian youth who graduated in 2004 enrolled in college immediately after high school (compared to 74% of white students)

• Of those who started college in 2004, only 39% completed a bachelor’s degree by 2010

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Small group discussion

Discuss in your group: • What do you currently know about Native American

services that are available to Indian youth?• What services you would like to know more about for

Indian youth?• Do you know who to contact or where to look for further

information about resources for Indian youth?• How would you engage Indian youth in the After 18

Program?• Would you construct a team to help each youth obtain

what they needed for the After 18 Program? Who would you think would be needed at the table?

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Definition of “Indian Child”

• In 2010 California passed AB 2418 which extends the definition of “Indian child” as found in ICWA up to age 21 for a youth who remains under the jurisdiction of a CA state dependency court

• ICWA standards continue to apply to an Indian youth’s dependency case, after age 18, unless the youth chooses to no longer be defined an “Indian child” (WIC 224.1(b))

• If youth elect status as “Indian child,” the tribe will continue to be involved in the Indian youth’s case

 

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Participation in After 18

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Eligibility

• Are the requirements different for tribal youth?

No, they are the same.

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Eligibility Basics

• Open court case with out-of-home placement at age 18

• Satisfy at least 1 of the 5 participation requirements

• Meet with Social Worker and update TILCP

• Attend court or administrative review every 6 months

• Live in a licensed/approved setting

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Participation Conditions• Be enrolled in high school• Be enrolled in college/vocational

school• Work at least 80 hours/month• Participate in a program/activity

that removes barriers to employment

• Be unable to do one of the above due to medical conditions

Tribally Based Resources•While evaluating an Indian young adult’s participation plan, services provided by tribe should be considered •Be sure to recognize tribal services when reviewing potential program activities that can support removal of barriers to employment•Valuable services/resources may include:

oCareer planningo Educational advocacy programso Scholarships /grants specific for Indian youth• http://ssrdqst.rfmh.org/cecc/index.php?q=node/22

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Placement

Where can tribal youth live?

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Licensed/Approved Placement

• Traditional placement options still available

• Limitations on group home placement

• 2 New Placement Options:

– Transitional Housing Program-Plus Foster Care

– Supervised Independent Living Placement (SILP)

• Youth may live in a SILP on or off tribal land

• Social worker and tribe will collaborate to assure supervision and compliance with AB 12 requirements

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Licensed/Approved Placement

AFDC-FC

• SILP can be approved on tribal land

• As long as the youth remains under county jurisdiction in a SILP on tribal land, the AFDC-FC money flows

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After 18 Rates & Services

• The same benefit rates apply

• New rates established for THP-Plus FC

• SILP is limited to basic AFDC-FC rate

• Wraparound services available

Permanency

Tribal Customary Adoption & Adult Adoptions

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Tribal Customary Adoption (TCA)

Per W&IC Sections 366.24, 366.26, 366.3 and 16120:

• All non-minor dependent youth are eligible for adoption and the AAP

• Indian non-minor dependent youth are also eligible for TCA and AAP

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AB1325

• On October 11, 2009, just in time for Indigenous People’s Day, Governor Arnold Schwarzenegger signed Assembly Bill 1325 into law. This bill allows “Tribal Customary Adoption” (TCA) for Indian children in foster care.

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Permanency Option• Effective July 1, 2010, AB 1325 adds TCA

to state law as a permanency option for a child who is a dependent of the juvenile court and eligible under the Indian Child Welfare Act (ICWA).

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TCA

• AB 1325 defines TCA as an adoption which occurs under the customs, laws or traditions of the child’s tribe.

• Termination of parental rights (TPR) is not required for a TCA. While TCA is unique, it is intended to be a seamless integration into the current process of conventional adoption.

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AB 1712 and Adult Adoption

• AB 1712 will authorize the dependency court to order adult adoption as the permanent plan for a non-minor dependent youth, and to terminate its jurisdiction over a non-minor dependent youth following a final adult adoption 

• Adult adoption does not terminate parental rights

• Adult adoptees may be eligible for the Adoption Assistance Program (AAP)

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Small Group Discussion

• How are TCA and Adult Adoption similar and how do they support Indian youth values?

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Kinship Guardianship Assistance Payments (Kin-GAP)

• Aid may be provided for youth in a legal guardianship with an approved relative caregiver. (There are several requirements for Kin-GAP eligibility. For questions, contact Kinship Care Policy at 916-651-7465)

• In certain circumstances, youth may be eligible for extended Kin-GAP until age 21

• Kin-GAP approved caregivers can include an adult who is either a member of the Indian child's tribe, or an Indian custodian, as defined in Section 1903(6) of Title 25 of the United States Code. (11391 (3))

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Child Support

• AB 212 and AB 1712 modified statute to include ability to waive the requirement to collect child support for those in Kin-GAP

• It may be in the best interests of the child or non-minor to have the case referred to the local child support agency for child support services

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Legal Process

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ICWA

• Federal law passed in 1978• ICWA was passed in response to the alarmingly

high number of Indian children being removed from their homes by both public and private agencies

• The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902)

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Active Efforts Definition

• States are required to provide active efforts to families; courts will be asked to determine whether active efforts have been made

• The definition of "active efforts" is left open in the ICWA to accommodate individual case decisions

https://www.childwelfare.gov/systemwide/courts/icwa.cfm

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Active Efforts• ICWA mandates the state to make active

efforts in every ICWA case in two areas:– Provide services to the family to prevent

removal of an Indian child from his or her parent or Indian custodian

– Reunify an Indian child with his or her parent or Indian custodian after removal

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CaliforniaCalifornia law specifies that active efforts shall:•Take into account the prevailing social and cultural values of the Indian child's tribe•Utilize the available resources of the Indian child's extended family, tribe, tribal and other Indian social service agencies•Document that active efforts have been engaged to comply with placement preferences. 361.31(k)

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Active Efforts vs.

Reasonable Efforts• Active Efforts are more intensive than

Reasonable Efforts

• For example, reasonable efforts might be only a referral for services; Active Efforts mean arranging for the best-fitting services and working actively to help families engage in those services.

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Court Hearings

• Court hearings involving ICWA cases will respect the status of the non-minor dependent Indian youth as a legal adult.

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Resolving Disputes• Team Decision Making meetings, Emancipation

Conferences and mediation may be used to resolve differences

• Fair hearing process regarding– Amount of the benefit– Termination of benefits – Denial of federal eligibility (ie: for youth placed with

relatives)

• The juvenile court will resolve disputes about the youth’s placement and sufficient participation

Engaging the Tribe

• Try to work out disputes with youth and tribe prior to bringing in the formal dispute process

• Contact the tribe for available services

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Building Trust• Four cornerstones that may help encourage trust

among Tribal people:– Demonstrate respect for Elders, Tribal Leaders,

elected Tribal Leaders, and Spiritual Leaders – Schedule meetings and events around meals– Acknowledge Tribal participation at meetings

and identify who the tribal members are– Model a spirit of cross-cultural collaboration by

recognizing the efforts of both Tribal and non-Tribal entities

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Small Group Discussion

In the context of Active Effort requirements of ICWA, discuss how engaging an Indian youth might be different from engaging a non-Indian youth.

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Re-entry

• Youth can re-enter unlimited times prior to turning 21 yrs old

• Youth must be informed of right to re-enter at termination hearing

• Re-entry process is intended to be as accessible and easy as possible

• Beginning date of aid is the date the non-minor dependent youth signs the re-entry agreement AND is living in an eligible placement

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Youth who want to opt-out

• Hearing (WIC 391) must be held prior to terminating jurisdiction (and prior to terminating payment)

• Eligibility for payment does not end until the youth turns 21, but aid can be suspended at youth’s request or if the court finds the youth is not meeting participation requirements

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Re-Entry and Youth’s Income

For non-minor dependent youth re-entering foster care:•A new qualification for foster care benefits is needed•Qualification is based solely on the youth’s income and property•New documentation is needed

Per capita payments, minors trust accounts, tribal distributions

Please consult with the County Eligibility Workerwho will consult with the EAS 44-111.61

Most income from the tribe is exempt.

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Large Group Discussion

• In the context of Active Efforts, how might a social worker engage a tribal youth to re-enter foster care?

• What are some ways to engage youth?

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Conclusion

Question and Answer

Additional questions?

Contact:

ab12@dss.ca.gov

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