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Tribal-State Relations
Series: Issue Briefs |
Author(s):
Child Welfare Information Gateway
|
Year Published: 2005 |
Issue briefs include a review of research and policies to bring together current information with examples of promising practices.
Both the United States Congress and Tribal governments have articulated the importance of protecting the safety, permanency, and well-being of American Indian/Alaska Native (AI/AN) children. Through the Indian Child Welfare Act (ICWA) of 1978, Congress stated " that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children" (25 U.S.C. Sec. 1901). Congress goes on to further assert that " it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian Tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture " (25 U.S.C. Sec. 1902).
Providing child welfare services for AI/AN children routinely involves multiple governments, agencies, and jurisdictions. In addition, unique historic and cultural factors play a major role in shaping service availability, utilization, and effectiveness for Tribal families and communities. Under ICWA, the Federal Government has established requirements for State and private agencies that regulate how placements of Tribal children and services to Tribal families should occur. The Administration for Children and Families (ACF) re-emphasizes these requirements in their instructions to States regarding the development of Child and Family Services Plans, issued in April 2005 (ACF, 2005). However, it is not unusual to see Tribal-State conflicts with regard to the implementation of ICWA requirements and such issues as notification, transfer of cases, service provision, placement preferences, preservation of connections, and achievement of permanent family outcomes.
This issue brief is intended to help States and Tribes find ways to work together more effectively to meet the goals of ICWA. Understanding the principles of effective practice identified here, along with the history and context for Tribal-State relationships, will assist readers in developing positive Tribal-State relations in their communities.
Table of Contents
- What are the key factors affecting Tribal-State relations in child welfare, including past and current Federal and State policies?
- What are the components of successful Tribal-State relations?
- What are some promising practices in Tribal-State relations from across the country?
- References
- Additional Tribal-State Relations Resources
This issue brief was developed in partnership with the National Indian Child Welfare Association, under subcontract to the National Clearinghouse on Child Abuse and Neglect Information.
This series is made possible by the Children's Bureau, Administration on Children, Youth and Families, Administration for Children and Families, U.S. Department of Health and Human Services. The conclusions discussed here are solely the responsibility of the authors and do not represent the official views or policies of the funding agency.
Suggested citation: Child Welfare Information Gateway. (2005). Tribal-State relations. Washington, DC: U.S. Department of Health and Human Services.
Examples and resources in this document are informational only and do not represent an endorsement by the Children's Bureau.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.