Foster Pepper PLLC - 2008 Native American Legal Services CLE - Video Files

Dependency Law

Thu, 13 Nov 2008 19:00:07 GMT

Heidi L. Nagel | King County CASA
Until the late 1800s, there were no special laws directly relating to child abuse or neglect. In the late 1800s, child labor laws were passed, and groups of social reformers initiated legal actions on behalf of abused children. The 1913 version of the Juvenile Court Code established two basic categories of children: "dependent children" and "delinquent children." Dependent children fall under dependency law, which covers the process of terminating the parent-child relationship in Washington. Court Appointed Special Advocates (“CASAs”) are either directly or indirectly involved in most stages of the dependency and termination process to represent the best interests of the child. Dependency actions can be especially complex when a Native American child is at issue. Because the federal government recognized the importance of keeping tribal family units and communities intact, in 1978 Congress enacted the Indian Child Welfare Act (“ICWA”), which promotes the stability and security of Indian communities by keeping Indian children with Indian families. A brief overview of dependency law in the United States includes examining the origins of the current Indian child welfare crisis that is the legacy of that history, and summarizing key ICWA elements.

Cultural Competency

Thu, 13 Nov 2008 19:00:06 GMT

Lorraine Brave | University of Washington
The United States has a long and sad history of enacting legislation and implementing policies to regulate Indian tribes. Many of these policies have had devastating and long-lasting effects on Indian communities due to an overwhelming lack of understanding of tribal customs and culture. One such policy is particularly notable for the pervasive damage it has wrought upon the tribes: the forced assimilation of Indians into non-Indian culture, particularly the removal of Indian children from their families and communities and placement in boarding schools and non-Native foster homes. Through the determined efforts of Native American activists and tribal elders, the federal government recognized the importance of keeping tribal family units and communities intact. As a result, in 1978 Congress enacted the Indian Child Welfare Act (“ICWA”), which promotes the stability and security of Indian communities by keeping Indian children with Indian families. In order to be an effective advocate, it is important to understand not only key elements of ICWA, but also to be cognizant of the cultural competency issues surrounding this law. Working with Native American families includes looking at a cycle of events, reclaiming native traditions and culture, examining bonding vs. identity, and parsing ICWA.

ICWA in the 21st Century: Introduction to the ICWA Child Advocate Practice Manual and Resource Guide

Thu, 13 Nov 2008 19:00:05 GMT

Tom Tremaine | Northwest Justice Project
The Indian Child Welfare Act (ICWA) is a federal law that creates strict standards for state courts to follow in Indian child custody proceedings. The ICWA declares “the policy of this Nation is to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.” The ICWA governs state court proceedings concerning the custody of an Indian child, including foster care placement, termination of parental rights, and adoptive placement. The law does not apply to parental custody in a divorce proceeding, nor to placement based upon an act which would be criminal if committed by an adult. The ICWA does not apply to tribal court proceedings, which are governed by tribal law. Because GALs and Court Appointed Special Advocates (“CASAs”) are either directly or indirectly involved in most stages of the dependency and termination process, it is important that attorneys who represent CASAs in court understand these important processes. A CASA is appointed to represent the best interests of the child, unless the child is represented by independent counsel and the a pro bono attorney representing the CASA plays the important role of making sure the CASA’s right to testify is preserved.

Advocacy for Native American Children: Disproportionality in the Child Welfare System

Thu, 13 Nov 2008 19:00:04 GMT

Judge William A. Thorne Jr. | Utah State Court of Appeals
The disproportionally in the child welfare system is startling. It is up to society to recognize this injustice and work towards a more equitable and proportional welfare system for Native American children so that they too can thrive and receive meaningful assistance. Honoring the spirit and intent of the Indian Child Welfare Act demands a more proactive society to fight for fairness and justice on behalf of Native American children.

Advocating for Children in the Dependency System - Panel

Thu, 13 Nov 2008 19:00:03 GMT

Florence Kay Fiddler-Lovell | Casey Family Programs • Charles Goodwin | IWASIL Boys and Girls Club • Raven Heavy Runner | DCFS • Jane Soder | CASA • Carolyn Hartness | Seventh Generation • Greg Guedel | Foster Pepper PLLC
Advocating on behalf of Native American families, children and foster families requires a certain level of cultural competency. There are many practical, complex, and troubling issues that advocates representing children in the dependency system must review and taken into consideration. In cases where Native American children are removed from their homes, and consequently their Native American heritage is suppressed, a variant of issues arises and advocates must be aware of how to handle them. Being cognizant of the pitfalls of working with Native American children and having an appreciation for their culture and special needs is crucial in being the most effective advocate possible.

Ethical Advocacy for Native American Children

Thu, 13 Nov 2008 19:00:02 GMT

Professor Ron Whitener | Foster Pepper PLLC
Working with Native American children raises a host of complicated and interesting issues. Advocates who work with constituency should be aware of ethical aspects of working with the State and the tribe, understanding who is and is not the client, and knowing how to act should a conflict of interest arises. Hypotheticals best flesh out many of these issues, and are an important learning tool for those who want to fully understand ethical advocacy for Native American children.

Inspirational Message

Thu, 13 Nov 2008 19:00:01 GMT

Justice Bobbe Bridge | Center for Child and Youth Justice
The importance of advocating for Native American children cannot be underestimated. Given the disproportionality in the child welfare system, it is up to us, as advocates and members of society, to push for a more equitable system that truly acts in the best interest of children all over the state, and especially for the Native American Child. Understanding the sprit and intent of the Indian Child Welfare Act is key to becoming an constructive advocate who can effect positive change and improve the life of the children that need it the most.