CURRENT INNOVATIONS IN TRIBAL CHILD WELFARE PRACTICES

THE HISTORICAL BASIS FOR OJIBWE CHILD WELFARE PRACTICES

WE HAVE A LOT OF HISTORY TO HELP US

WE HAVE MANY TRADITIONS TO GUIDE US

THE WHITE EARTH INDIAN RESERVATION Established by Treaty in 1867 Northwest Minnesota 19,629 enrolled members of those

approx 2,710 under age of 16 9,188 on reservation residents Roughly 5,000 tribal members on

reservation 2007- 175 child protection cases filed 2006-197 child protection cases filed

1997-THE WHITE EARTH TRIBAL COURT IS FORMED We started with a blank slate and

decided we needed some laws to follow White Earth Judicial Code enacted in

1997 Child/Family Protection Code Customary Adoption Code adopted

many years later-it had been a custom but never written

CUSTOMARY ADOPTIONS More than 250 customary adoptions

completed in White Earth Tribal Court We complete adoptions for many

different tribes Our customary adoptions are recognized

by all federal, state and local agencies and the adoptive parents receive adoption subsidies if they qualify-but this was not always the case

WHAT IS THE BEST INTERESTS OF THE INDIAN CHILD?

CUSTOMARY ADOPTION CODE Definitions

“Best interests of the Child” is defined as a variety of factors including: the ability of the tribe and reservation community to provide for the care of the child; the wishes of the tribe, parents, party or parties; the preference of the child if the child is of sufficient age to express a preference; the intimacy of the relationship between the parties and the child; the child’s adjustment to home, school and tribal community; the length of time the

Best interest of child continued . . .Child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; the permanence, as a family unit, of the existing or proposed adoptive home; the mental and physical health of all individuals involved; the capacity and disposition of the parties to give the child love, affection, guidance and to continue educating the child in the child’s tribal culture and heritage.

THE BEST INTERESTS OF THE TRIBE “Best interest of the Tribe” is defined as

a variety of factors including but not limited to the ability of the tribe and its members to provide for the child; the ability of the tribe and its members to provide for the continuation of the tribe’s culture, language, history, religion, traditions and values through its children if those children are taken away and not taught these things throughout their daily lives.

Best interest of Tribe continued. . .The ability of the Tribe to continue as a viable cultural entity throughout their daily lives. The ability of the Tribe to continue as a viable cultural entity will be hindered by the loss of its children. Every child is a gift from the creator and is viewed by the Tribe as crucial to the future of the tribe as a whole.

SUSPENSION OF PARENTAL RIGHTS Final Order

If the court determines that it is in the best interests of the child and the child’s tribe, it shall issue a final order for a suspension of parental rights. Such an order for the suspension of parental rights may include, but is not limited to, the following:

SUSPENSIONS OF PARENTAL RIGHTS Final orders for the suspension of parental

rights may be reviewed by the court at the request of the biological parent, the agency or agencies possessing custody of the child only if one of the following occurs: if there is no final permanency order in effect after a period of one (1) year after the entry of the final order suspending parental rights; the adoption of the child fails; or the adoptive parent is deceased. Notice of this review shall be provided to all parties to the hearing at which the final suspension of parental rights order was issued.

FETAL ALCOHOL SPECTRUM DISORDER We knew we had a problem-but really

how bad was it? We had no comprehensive way to

measure the im pact of FASD within our reservation

So we decided we needed to apply for a grant to find out how bad our problem is-thanks to our good friend Dr. Larry Burd at UND we formed the:

White Earth Reservation Tribal Court FASD Diagnosis and Intervention Initiative

HOW DID WE KNOW WE HAD A PROBLEM? Minnesota Department of Education 04-05 Detroit Lakes Expulsion Rate 100% 04-05 Detroit Lakes Removal/Suspension

29% 04-05 Bagley Removal/Suspension 47% 04-05 Mahnomen Removal/Suspension

99% 04-05 Waubun Expulsion 100% 04-05 Waubun Removal/Suspension 99%

Source: Mary Litzau, Minnesota State Department of Education

JUVENILE PROBATION STATISTICS Mahnomen and Becker County Juveniles

on Probation Year Total Male Female NAMale

NAFemale 2004 61 46 15 37 15 2005 86 64 22 55 19 2006 52 42 10 36 9 Source: Margaret Lindquist, MN

Department of Corrections in Becker County

OTHER DISTURBING STATISTICSFOR WHITE EARTH RESERVATION 2005 Teen Birth rate 34 per 1000 State of MN is 13 per 1000 Juvenile arrests increased 259% on

reservation from 1990 to 2004 2004 poverty rate under age 18 is 22%

on reservation 10.6% State of MN Free Reduced Lunch Program:

70.2% on Reservation30% State of MN

SAMHSA FASD GRANT AWARDED 2008 When this grant was advertised we

jumped at the opportunity Five year grant-total $598,018 ends May

31, 2012 Covers children ages 0-7 We are the only tribe funded for this

project

PRELIMINARY RESULTS FOR THE SAMHSA GRANT 171 children screened for FASD We screen every child who goes through

our court system, includes: child protection, truancy and adoption

171 children screened from 9-1-2008 through 4-30-10

52 children screened positive for FASD

OJJDP 2008 TRIBAL YOUTH PROGRAM GRANT The second Piece of our FASD Program Three year $500,000 grant ends Sept.

30, 2013 Covers children ages 8-18 So far 110 children screened 14

screened positive for FASD

THEN WHAT? Our goal is to have a self-sustaining

FASD diagnostic clinic by the time these two grants are completed

We will be able to bill for the diagnostic assessments

We will train school staff to perform screening

Photographic program easily accessible-we hope

FAMILY DEPENDENCY TREATMENT COURT Drug Court model Applies to child protection cases Supposed to be voluntary Many young women have substantial

child protection histories and are ready to permanently lose their children

This is their last chance to reunify with their children

18 month long court involvement Intensive services and monitoring 3-6

UA’s per week, court meets weekly

COURT TEAMS FOR MALTREATED INFANTS “Zero to Three” Non-profit organization

ERMA VIZENOR:CHAIRWOMAN WHITE EARTH RESERVATION

I always believe that I am here in this particular position, place and time for a reason as a part of God’s great plan for me and those around me. I don’t know what tomorrow brings, no one does. So I pray. My mom prays for me. I call her when I am driving home late at night and before I hang up she prays for me. I come home, play phone messages and my mom is on the answering machine, praying in Indian.

HISTORICAL TRAUMA BY ERMA VIZENOR, CHAIRWOMAN

Healing has to take place among our people, causes of social problems, self-destruction, violence, anger and poverty are rooted in historical trauma, the holocaust of history. The white people and many Indian people don’t get it, that dealing with loss of land, children taken away, families broken, loss of culture, tradition and language, constant oppression and discrimination are the historical pain and anger carried from one generation to the next.