MODULE V LEADERSHIP ROLE OF THE JUDGE AND ICWA: ON AND OFF THE BENCH IN MEANINGFUL ENGAGEMENT AND COLLABORATION

MODEL ICWA JUDICIAL CURRICULUM

Learning Objectives

To review the unique role of the juvenile or dependency court judge

To understand why judicial leadership is necessary to ensure better outcomes for Indian children and their families who become involved in the juvenile court system;

To provide specific ways the judicial leadership role applies to improving outcomes for Indian children and their families. To help identify ways to exercise on-the-bench and off-

the-bench role in improving compliance with ICWA To begin to develop an action plan for leadership on-the-

bench and off-the bench in engagement and collaboration

The Role of the Juvenile Court Judge

Is not just to decide cases … The juvenile dependency court judge must do much more

The Juvenile Dependency Court is the original problem-solving court. The role of the dependency court judge involves leadership functions. The judge must connect with system

stakeholders, partners and the community to address the needs of the children and families before the court.

The Role of Juvenile Court Judge

Includes many non-traditional functions Judicial, administrative, collaborative

and advocacy components Decisions set standards w/in

community and systems connected to the court Ensure systems work efficiently and

fairly Judicial leadership both on and off-

the-bench

The Leadership Role of the Juvenile Court Judge Leadership is exercised on the bench through

strong judicial oversight of cases the juvenile dependency court judge is the gatekeeper the jurist of law and fact the administrator of due process the applier of therapeutic and restorative justice and an inquiring magistrate of well-being, safety and

plan for children in care Leadership is exercised off-the-bench through

convening collaborative groups, supporting and encouraging education on best practices, and promoting innovation designed at improving outcomes for children and families

Responsibilities of the Juvenile Court Judge

Permanent Plan for the child Monitor services provided Set standards which the dependency

court system will be governed Provide leadership to community and

ALL participants in the dependency court system

Judicial Leadership On- and Off-the-Bench

DISCUSSION

You Can Make a Difference

Judges can exercise their leadership role On-the-Bench

Strong judicial oversight, clear expectations, hold parties accountable

Off-the-Bench In collaboration with system partners work to

promote positive outcomes for Indian children and their families

Communicate importance of issue and vision for improvement

Design of court-run interventions focused on improving practice

Support of multi-disciplinary trainings

Judicial Oversight – the Big Picture

To ensure that every child that should be in care is in care, but not a single child more

To ensure that every child that is in care is in a safe, nurturing placement that is supportive of the permanency plan

When a Judge Conveys Support for ICWA this can …

Improve child welfare practice Reduce the number of ICWA-related appeals Reduce ICWA-related court costs Strengthen relationships between states,

counties, and tribes to improve collaboration.

ICWA is best practice for family reunification. ICWA is best practice for placement

From: Judges’ Journal (2013), Casey Family Programs and Tribal Star.

Meaningful & Ongoing Collaboration

ICWA COMPLIANCE

Training &

Education

Effective Court

Practice

Action Planning for Change

ICWA Compliance

Steps to Improved Compliance

Step One: Develop Relationships Meaningful relationship building requires: Respectful communication Mutual learning Building trust through ongoing

collaboration

Tips for Following Protocol & Developing Relationships

Protocol: Merriam-Webster defines protocol as: a code prescribing strict adherence to correct etiquette and precedence.

Protocol requires: behavior that demonstrates humility,

respect, the awareness that all things are connected, and that our individual and group behaviors can help and hurt current efforts to solve community problems.

Creativity, patience, preparation, & respect

Continuous Quality Improvement as Strategy for Engagement

QUESTIONS TO ASK:Using CQI, teams ask themselves - 1.What is the need and how was it identified?2.What do you propose to do about it?3.What change(s) do you hope to achieve?4.What will you look at to see if change is occurring? How will you determine if you are achieving the intended impact/result?5.How will you use that data to create a feedback loop for ongoing improvement?

Step Two: Build Understanding through Training

Judicial Role: Assess the training needs of other judges and

stakeholders Involve tribal voices in training, including local

and state agencies, tribal colleagues, directors of urban Indian organizations, and national partners

Work with partners, including the state CIP to establish a series of multidisciplinary trainings that include key components, beyond just elements of the law

Commit to ongoing training

Step Three: Assess Current Practice Utilize the ICWA Discussion Guide to engage in

open discussion with stakeholders of successes, challenges, and resources

Review policies or practice documents developed by the court and other partners

Examine or collect baseline data Determine what the desired end result would look

like to both the tribe and the state court jurisdiction when ICWA is followed in its entirety (such as shifts in organizational culture and practice) and begin to strategize how to achieve the desired result.

Step Four: Action Planning for Change

MEANINGFUL & ONGOING COLLABORATIONStrategies

What are the identified steps to improve current

capacity or court performance related to this

goal? 

ResponsibilityWho will lead this

activity and who else will need to be

involved?

OutputsWhat will be the result of this activity?

DataAre data currently

available, if not, what is the plan to collect and analyze data?

Due Date

 

One of the great lessons I’ve learned as a judicial leader is how important it is to follow-up and follow through on initiatives. I was shocked when confronted with the history of how our Indian families and communities were cruelly and systematically broken down by our government. I have come to understand that, because this is part of our history as Americans, it compels a responsibility for all of us to address, not just those who live in areas with a large Native population. Faced with these harsh realities and a sense of responsibility, it is easy to be inspired to want to make a change. All your best intentions, however, are only as good as your willingness to continueto stand behind them. To really make a difference, you must continue to revisit your initiatives and find ways to implement your intentions into a new way of business.–Judge Darlene Byrne, Austin, Texas Model Court

In Conclusion …

Remember Relationship-Building should be done

with humility and openness Ongoing training is essential Assess your own practices and policies

Demonstrates willingness to make change Action plan to help coordinate efforts to

improve compliance