Lakota Oyate Wakanyeja Owicakiyapi Worker Certification Training– Module One: Child Welfare

Law

Facilitator: Erin Geary, University of Minnesota Duluth

Wakanyeja Na Tiwahe Ta Woope:

The Oglala Sioux Tribe Child and Family Code

In this training it wont be possible to provide an in depth knowledge of the OST Child and Family Code, but the hope is that we can…Discuss the significance of the OST Child and

Family CodeProvide an overview of the contents of the

CodePractice using the code as a reference tool

Introduction

Adopted in May, 2007

“…enacted as a matter of deliberate choice in an effort to reconstruct and reorganize our institutions in the furtherance of our distinctive identity, culture, and values.”

Draws on both traditional and western law to create a comprehensive legal framework for protecting OST children and preserving Oglala Lakota culture

The OST Child and Family Code

The Purposes of the Code include:Providing for the welfare and well-being of OST

children and familiesPreserving the protecting the tiwahe and tiospayeProviding a clear framework for the exercise of

sovereignty in child welfare mattersPreserving and strengthening tribal customs and

practices

Three Parts:Part A– General and Dependency ProvisionsPart B– Foster Care ProvisionsPart C– Agency Compliance Provisions

The OST Child and Family Code

Part A: General and Dependency ProvisionsTraditional and Legal

Definitions

Children and Family Rights

Tribal Court

Abuse and Neglect Reporting

Orders for Protection

Children in need of Care

Part B: Foster Care Provisions LOWO Foster Care

Foster Care Licensing

Placement in Foster Care

Part C: Agency Compliance Provisions LOWO

Other Collaborating Organizations

Who is a reporter?Social WorkersSchool employeesHealth Care ProvidersDay care providersPsychologists and counselorsLaw enforcement Judges and courtroom employees

What has to be reported?Child AbuseChild NeglectDomestic Violence/Assault

Key Elements of the Code: Mandated Reporting

Child Abuse: A) Any case in which:

1)A child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, subdural hematoma, soft tissue swelling; AND

2)Such condition is not justifiably explained or may not be the product of an accidental occurrence; OR

B) Any case in which a child is subjected to sexual abuse, sexually explicit conduct or sexual exploitation;

C)A child has suffered mental injury, as a result of the conduct of a parent, guardian or custodian; OR

D)When used referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances, exhibited to a sever degree.

Key Elements of the Code: Definitions

Child Neglect:Negligent treatment or maltreatment of a child

by a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby. For the purposes of the Code child neglect means:A) Physical neglect of a childB) Educational neglect of a childC)Emotional neglect of a childD)Child neglect by definition

Key Elements of the Code: Definitions

Extended Family Member:An adult relative of a child who has not been

deemed by a court to be a danger to the child including…Paternal and maternal grandfather and grandmotherSiblings of the grandparentsFather and motherPaternal and maternal uncle and auntBrother and sisterSpouses of any of the aboveAny adult legally adopted by any of the aboveAny adult member of the child’s tiospaye, or other adult

person adopted by the child’s tiospaye as a relative through a formal ceremony

Key Elements of the Code: Definitions

Licensing requirements related to…

ageresidencyAbility to care for the child in the present and futureMental and physical healthBackground checkReferencesApplicationHome study

PlacementCase PlanFoster Care AgreementOther Provisions

Key Elements of the Code: Foster Care

The child and family court may apply the policies of the ICWA where they do not conflict with the code.

Procedures of state courts in the ICWA shall not be binding upon the child and family court unless specified in the code.

The OST Child and Family Code and The Indian Child Welfare Act

Reasonable Efforts

Termination of Parental Rights

Timelines

Impact of Title IV-B and Title IV-E

The OST Child and Family Code and the Adoption and Safe Families Act

Using the Code as a Tool: ExerciseSmall Group Exercise

2-3 people per groupTake 15 minutes to use the code as a

reference to answer “quiz” questions