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Indian Child Welfare Act (ICWA)


ICWA 101 – Understanding and Implementation, Hon. Kathleen Quigley (90 mins)
Join esteemed Hon. Kathleen Quigley as she discusses the history of the ICWA, key jurisdictional, procedural, and substantive provisions, and important case law from SCOTUS and Arizona Courts of Appeal. She will conclude with a discussion of common fact patterns in which the application of the ICWA is at issue.

ICWA 201 New Regulations, Dawn Williams (56 mins)
Join esteemed Dawn Williams as she discusses the key jurisdictional, procedural, and substantive provisions and will examine the newly passed Final Rule for Indian Child Welfare Act Proceedings that goes into effect on 12/5/16 and will conclude with a discussion of common fact patterns in which the application of the ICWA is at issue.

Culturally Appropriate Treatment Program for Native American Families, Miguel Flores Jr., Courtney Otto, Rudy Villalpando
Panel of experts will discuss the understanding substance abuse issues our Native American families face, and knowing more information about how culturally appropriate treatment fits the needs of Native America families.

Tribal Sovereignty and How it Relates to Families and Cultural, Sheldon Spotted Elk (77 mins)
Attendees will learn about how family kinship is the core of the modern legal concept of Tribal sovereignty and the colonial attempts that have aimed at disrupting this cultural identity. Also learn about the ICWA Courts movement and how legal systems are coordinating to reach the highest aspirations of fulfilling the Indian Child Welfare Act, known as the "gold standard of child welfare."

The Truth and Healing Commission on Indian Boarding School Policies Act, David Simmons, MSW, Director of Government Affairs and Advocacy, National Indian Child Welfare Association (72 mins)
The Truth and Healing Commission on Indian Boarding School Policies Act would establish a Truth and Healing Commission on Indian Boarding School Policies in the United States to formally investigate and document Indian boarding school policies and the impacts and ongoing effects of historical and intergenerational trauma in Native communities resulting from them.

Trauma Informed Engagement/Historical Trauma of Removal, Sheri Freemont, Casey Family Programs (81 mins)
Recognize the historical trauma experienced by Indian/Native American people and the associated distrust and implications for helping relationships, particularly engagement with Indian/Native American families. Identify trauma-informed interventions when working with Indian/Native American children, youth, families and communities.

Brakeen v. Haaland Update, Kathryn Fort, Michigan State College of Law (77 mins)
Brackeen was brought by Texas (and previously Indiana and Louisiana) and several individual plaintiffs, who allege the Indian Child Welfare Act (ICWA) is unconstitutional. This case has worked its way through the lower courts (federal district court, Fifth Circuit Court of Appeals, Fifth Circuit en banc) and will now be reviewed by the U.S. Supreme Court. Kathryn Fort will give us an update on the case.

Family Transfer Process / Petition Revision Project - St. Louis ICWA Court, Nishah Dupuis, Indian Child Welfare Supervisor, St Louis County (66 mins)
Family Transfer Meetings are a collaborative and culturally responsive effort to gather parents, family members, Tribal Workers, Guardian ad Litems, ARMHS workers, Case Managers, Peer Recovery Specialists, and other people who are involved and supportive of the family. The purpose of the meeting is to share information from the initial interactions the family has with the child protection agency and build a bridge with the ongoing child protection worker by being clear about ICWA Inquiry, what happened, what the worries are, family strengths, efforts to maintain the family unit (active efforts), safety goal and next steps. This also provides the team with information the agency has learned and the opportunity to hear information from the family and other support people. The hope is that the sooner this conversation happens, the more clarity there is and the better the plan for the family to remedy the identified concerns. Throughout our agency’s implementation we have had numerous experiences where families have been actively involved in the process which has resulted in reunification much sooner than traditional timelines and has also resulted in more relative placements and when warranted, permanency.

Customary Adoptions/Cultural Aspects of Adoption and Tribal Permanency, Hon. Kami Hart, Children's Court Judge, Gila River Indian Community
In Indian Country, customary adoption is an alternative to standard adoption practice. Since customary adoption is more closely aligned with tribal customs, it is a more appropriate permanency placement for native children. Customary adoptions allow children to be adopted without requiring termination of parental rights, an exercise in tribal sovereignty that retains some parental responsibilities and maintains family connections.

Tribal Family Culture, Customs, & Traditions, Celeste Smith, BSW, Navajo Senior Social Worker, Reba Holiday, BSW, Navajoj Social Worker, Hon. Antoinette R. Enos, M. Ed, Gila River Tribe and Christina R. Lopez, LMSW, Gila River Tribal Social Services (90 mins)
Tribal members from the Gila River Indian Community and Navajo Nation sharing their unique family culture, practices and traditions. Learning from these perspectives will give the participants a glimpse into the heart of tribal child and their connection to their family culture.

ICWA Series: Parent Peer Support and Tribal Mentors, Peer program providers and parent mentors from ICWA Law Center and Family Involvement Center, Sheldon Spotted Elk of Casey Family Programs (75 mins)
ICWA gold standard lawyering and social work includes early and meaningful parent engagement. Hear how peer parents, who have successfully navigated the system, can foster engagement and improve outcomes by mentoring and partnering with mothers and fathers going through dependency cases, and ways for parent attorneys to pursue this gold standard of engagement and impact on likelihood of reunification. Following the presentation, join in collaboration and brainstorming on strategies for parent engagement, including building a tribal parent peer support/parent allies program for positive impact in ICWA cases.

ICWA Webinar Series: Peace-Making Courts, Judge Cheryl Fairbanks and Judge Tim Connors (90 mins)
Judge Cheryl Fairbanks and Judge Tim Connors are innovative judges who developed a Peace-Making court in Michigan to support Native Families. They will share with us their collaborative strategies, development process, and the successes of their Peacemaking Court and explain why Peacemaking makes sense in state court.

ICWA Webinar Series: Constitutional Implications & Issues Post- Brackeen, Presented by Erwin Chemerinsky, Dean of UC Berkeley School of Law and moderated by Barbara A. Atwood, Mary Anne Richey Professor of law, The University of Arizona (62 mins)
The Supreme Court in Haaland v. Brackeen upheld ICWA against constitutional attack while leaving the equal protection question open. Erwin Chemerinsky, preeminent constitutional law scholar and Dean of UC Berkeley School of Law, will address issues and implications moving forward for ICWA and the underpinnings of tribal rights. Dean Chemerinsky’s expertise is matched only by his ability to explain and explore legal issues in a way that engages a wide community.