Cal-ICWA News
Call for Sacramento-area support: ICWA in delinquency case MAY 7
Posted on April 17, 2009See the original post at the Cal-ICWA Blog
To All Those Concerned:
I am writing to alert any and all persons and organizations within the Sacramento Native American community of the need for support and presence of members of the Native American community at the next court date for my 15 year old client, Raymond R., an enrolled member of the Crow Creek Sioux of South Dakota.
As you may know, The Presiding Judge of the Sacramento Juvenile Court has a 27 page standing order that precludes application of the Indian Child Welfare Act in delinquency proceedings. On behalf of Raymond, our office challenged that standing order and ultimately filed a petition for writ of mandate in the 3rd District Court of Appeals. After back and forth briefing between our office and the Attorney General, the 3rd District Court of Appeals issued an alternative writ in favor of Raymond on March 20, 2009. We have received word that the Attorney General is going to decline to respond and then it will be up the 3rd to decide to issue a written opinion for which there is no time frame.
In the meantime, Raymond remains detained Juvenile Hall. He has been in custody four months and counting on a new petition that could otherwise be resolved if the proceedings were not stayed. There is no confinement time left on his original petition. I filed, and the court heard a motion to have Raymond released pending further proceedings on April 15, 2009. The court denied that motion and set a new court date for May 7, 2009 on the issue of detention, Welfare and Institutions Code section 241.1 and Probation’s recommendations regarding the new petition. The court agreed to have a foster parent through the Tribal and Economic Social Solutions Agency, Inc. assessed for possible temporary release/placement pending further proceedings. For the court to grant such release, the court will have to find, over the District Attorney’s objection, that such release and placement is in Raymond’s best interest and will not compromise safety to society. Counselors from the Sacramento Native American Health Center have been permitted to work with Raymond since his detention, but their access and cultural practices are limited and certainly does not provide the groups and ceremonies for Raymond to participate as would be available to him out of custody.
This Court implied on the record that one of the primary reasons that Raymond is in custody is because of my office, in that I asserted the ICWA, which necessitated appellate review and stayed proceedings preventing Raymond’s case from moving forward with placement in a delinquency group home or ranch camp- non of which account for his Native American heritage or placement preference under ICWA. The office position is that Raymond values his Native American culture and heritage, federal and state law has codified this significance and thus, this must be part of our advocacy for him. Accordingly, the Court should value its meaning for Raymond and the impact it has on him and the Native American community as well.
For this reason, I am asking that you do what you can to fill the Juvenile courtroom with members of the Native American community on May 7, 2009 at 8:30am to show this Court that the Native American community values Raymond and the positive impact this community has had on him and can continue to have on him should be released from custody. To date, the court continues to express their irreverence for the ICWA as a noneffectual process because the Native American community does not step up for its members. I do not believe this to be the case.
If you would like more details, please contact me directly at the number below or view the appellate history at
Please feel free to send this on to those Native American organizations throughout the state who may be interested and take part in supporting Raymond on this day.
I hope to see you on May 7, 2009 in Department 91 at the B.T. Collins Juvenile Justice Center Courthouse located at:
9605 Kiefer Blvd
Sacramento, CA 95827
Randi Barrat, Assistant Public Defender
Office of the Public Defender, Juvenile Division
9605 Kiefer Blvd. Rm 302
Sacramento, CA 95827
*NEW* Cal-ICWA Blog and Facebook Page!
Posted on April 08, 2009Cal-ICWA has entered the blogosphere!
The Cal-ICWA Web Log (blog)
The Cal-ICWA blog is up and running but is still in development: http://calicwa.wordpress.com/. In the immediate future, we’ll be adding Resource Pages for Tribes, Counties, and ICWA Service Providers.
Older blog articles are available at http://www.cal-icwa.org/index.php/icwa/topics.
About once a week there will be a new posting to the Cal-ICWA blog. Some postings will be updates of the Transition-age Indian Foster Youth research. Other postings will highlight programs, services, and information relevant to the Cal-ICWA mission.
Get Cal-ICWA News Delivered to Your Computer!
If you use either a Yahoo!Page or an iGoogle page, you can receive immediate notifications and summaries of Cal-ICWA blog postings.
While looking at the Cal-ICWA blog in your web browser, you’ll see the Cal-ICWA logo/banner at the top of the blog. Simply click the orange square (next to “Entrees RSS") at the bottom left of the Cal-ICWA logo. Or click the same orange square if it appears in the address bar of your web browser. Clicking on the orange square (RSS feed) will send summaries of Cal-ICWA postings to your Yahoo! page or iGoogle page.
If you have questions about how to use the RSS feed, how to set up a Google or Yahoo! page, or anything related PLEASE feel free to call me. I’m happy to help.
Submit to the Cal-ICWA blog!
If you have ideas for a Cal-ICWA blog article or would like to contribute a 250-500 word piece yourself, please let me know. I welcome perspectives and contributions.
Facebook
Cal-ICWA on Facebook! Already on facebook? Become a fan of the Cal-ICWA page and receive Cal-ICWA blog postings in your news feed. Or Add me: Heather Zenone. I repost all Cal-ICWA blogs on my facebook page.
Nanette and I hope we may see you again at the NICWA Conference April 19-22 in Reno.
Cal-ICWA Wraps Up Focus Groups With Foster Youth Service Providers
Posted on March 12, 2009SACRAMENTO, CA – March 12, 2009
This month, Cal-ICWA is wrapping up it’s Service Provider focus groups in Humboldt County, the San Francisco Bay Area, and San Diego. The purposes of convening these focus groups are a) to bring local service providers together around specifically Native foster youth issues and b) to identify resources, networks, services and gaps in supporting the transition of Indian foster youth to adulthood. The focus groups are being conducted by researchers from the University of California, San Francisco; University of California, Los Angeles, and the California Indian Child Welfare Association.
This research will not only serve the immediate interests of transition-age Indian foster youth in California, but will also serve as a data and practices resource for program planning and potential policy reform.
As of January 2009, California has at least 1465 ICWA eligible children placed outside the home of their family of origin. American Indian children represent 1.9% of the total out-of-home placements in California. Program professionals serving Indian foster youth and families in California agree that there is significant under-reporting of Indian children in the foster care system, and that the true number of Indian children in foster care is actually much higher.
According to the Child Welfare Dynamic Report System, the best available data as of January 2009, of the ICWA eligible out of home placements in California, 527 children (36%) are placed with relatives, 38 children (2.6%) are placed in non-relative Indian homes, 365 children (25.6%) are place in non-relative/non-Indian homes, 116 Indian children (7.9%) are placed in group homes, and 107 ICWA eligible children have some other placement. For 302 ICWA eligible children (20.6%) the ethnicity of the adults in the out of home placement is not known.
Humboldt County has 50 ICWA eligible children in out of home placements (out of 287 or 17.4%), 19 are placed with Indian relatives, 4 (8%) with non-relative Indian families, 4 (8%) with non-relative non-Indian families, and 23 Indian children (46%) are placed in a home where the ethnicity of the adult(s) is not known. No Indian children are identified in group home or other placements in Humboldt County.
San Francisco County has 20 ICWA eligible children reportedly in out of home placements (of 1162, or 1.2%), of these 5 Indian children (25%) are placed with relatives, 1 is placed in a non-relative Indian home, 8 (40%) are placed in non-relative non-Indian homes, 5 are in homes where the ethnicity of the adult(s) is not known, and 1 child is placed in a group home. If one adds the greater Bay Area (Alameda, Contra Costa, Marin, San Mateo, and Santa Clara counties), the number of ICWA eligible children in out of home placements rises to 80 with 31 children (38.75%) placed in non-relative non-Indian homes and 17 children (21.25%) placed in homes where the ethnicity of the adult(s) is unknown.
Including Solono, Sonoma and Napa counties the total number of ICWA eligible children in out of home care raises to 136 (23.2% of the additional 56 children are in non-relative non-Indian homes, and 21.4% of the additional 56 children are in homes where the ethnicity of the adult(s) is unknown. (Sonoma has 8 Indian children in group home placements.)
San Diego County has 122 ICWA eligible children in out of home placements (of 5661, or 2.2%), of these 50 children (41%) are placed with relatives, 1 is placed in a non-relative Indian home, 20 (16%) are placed in non-relative non-Indian homes, 32 children (26.2%) are placed in homes where the ethnicity of the adult(s) is not known, and 7 are placed in group homes, and 12 (9.8%) are in some other out of home placement. (Imperial County 17 of 512, 3 relative, 4 Indian, 3 non-Indian, 3 group, 4 other. Riverside County 112 of 5746, 47 relative, 4 Indian, 15 non-Indian, 36 unknown, 6 group, 4 other.)
Source: Child Welfare Dynamic Report System
New Reports and Resources March 09
Posted on March 06, 2009A few really good reports and resources came out this month.
1. The March issue of Children’s Bureau Express is focused on working with Tribes.
The “Children’s Bureau Express” is the digital information tool of the federal Administration for Children & Families (Department of Health and Human Services).
2. The Michigan Child Welfare Law Journal has a very good piece on when ICWA is triggered in youth delinquency cases in MI. Article is very clear with good legislative history, and good interaction with state court law. (the article starts on pdf page 13).
3. Not ICWA-specific, but relevant to the work Cal-ICWA is doing on transition-age Indian foster youth is an article on the role of government in supporting foster youth to adulthood:
The Difficult Transition to Adulthood for Foster Youth in the UST: Implications for the State as Corporate Parent, by Courtney, Mark E.
New Website for National Child Welfare Resource Center
Posted on October 28, 2008The National Child Welfare Resource Center for Youth Development (NCWRCYD) launched a new website to help Tribes and child welfare professionals enhance services for Tribal youth. The website provides information on how NCWRCYD staff can support Tribes, facilitate collaboration between States and Tribes, promote youth development activities in Tribal communities, engage youth in their communities, and enhance the capacity of Tribes to provide transition services that demonstrate cultural competence.
http://www.nrcys.ou.edu/yd/tribal/ts2.html
Native American Community Development Training Program
Posted on October 15, 2008NeighborWorks Training Institute
Participants from the Native American Community Development Training ProgramThis is a valuable learning opportunity of training courses specifically tailored for the professional needs of Native American community development practitioners and others working to serve Indian Country. It is offered periodically through the year.
Five days of learning and education will be taught by a faculty of seasoned practitioners with extensive experience working in Native American community development. Participants will have two training program options. Click here to learn more about the training program courses and options.Participants will not only gain practical tools, new ideas and fresh solutions, but have the opportunity to acquire a certificate of Professional Recognition in Native Homebuyer Education and network with peers at a special Welcome Reception for the Native American Community Development Training Program.
Who should attend?
* Tribal leaders
* Native nonprofit staff members working in community development, housing, home ownership and economic development
* Tribal government officials
* Tribal designated housing entities
* Tribal enterprises
* Nonprofit developers working in Native communities
* Private-sector partners doing business in Native Communities
* Government officials whose work focuses on Native American community developmen