Mendocino County Grand Jury
• 2008-2009
Indian Child Welfare Act Our Children, Our Hope, Our Future June 9, 2009
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 16 findings
F1
All agencies in Mendocino County must comply with ICWA when dealing with Tribal Indian children. However, when an incident occurs, a child’s heritage is not always apparent.
Related Recommendations (4)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
R2
All law enforcement officials in Mendocino County acquaint themselves with the ICWA Law. (Findings 1, 3, 9)
R3
The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)
R4
Mendocino County Board of Supervisors interact with Tribal Councils as partners in a government-to-government relationship and direct all County Agencies that interact with Tribal Councils, to do so as partners, recognizing Tribal autonomy. (Findings 1, 3, 9, 11, 13-14)
F2
The definition of “Indian” means any person who a member of an Indian Tribe or an Alaska Native. Under ICWA an Indian child means any unmarried person who is under the age of 18 and either (a) a member of an Indian Tribe or (b) eligible for membership in a government recognized Indian Tribe as the biological child of a member of an Indian Tribe.
No recommendations for this finding
F3
On Tribal land there is concurrent jurisdiction of Tribal government and the County for child welfare. At times, this can lead to jurisdictional issues surrounding investigations by Child Protective Services involving the welfare of these children.
No recommendations for this finding
F4
Most local Tribes have not designated emergency ICWA safe-houses where Indian children can be placed for immediate protection.
No recommendations for this finding
F5
There is a lack of Tribal foster care homes in Mendocino County.
No recommendations for this finding
F6
At the discretion of the Tribal Council, an ICWA representative may be hired to actively represent the interests of an Indian child.
No recommendations for this finding
F7
Most local Tribes do not have an official Tribal Court.
No recommendations for this finding
F8
Tribes determine who will be included on their membership rolls and they do not share their official Tribal membership roll with any outside agencies. This 1 A copy of the Indian Child Welfare Act and additional information on Indian Child Welfare is available at www.nicwa.org makes it difficult to determine an Indian child’s legal status if that child resides off Tribal land.
No recommendations for this finding
F9
Tribal law enforcement and the Sheriff’s Office have an understanding of ICWA but city police departments rely on CPS.
Related Recommendations (1)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
F10
Turnover in Tribal ICWA and CPS staff cause communication breakdowns.
Related Recommendations (1)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
F11
The ICWA Roundtable was established to address communication issues and support enforcement of the law. It consists of Mendocino County Tribal ICWA staff, Tribal Council representatives, H&HS/Social Services staff, County Counsel, CASA Director and local attorneys.
Related Recommendations (2)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
R3
The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)
F12
ICWA becomes applicable with the first filing of a court document, but its protections are needed by Indian children before such action is taken.
Related Recommendations (1)
R3
The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)
F13
In January 2003, this need to extend ICWA protections led the Roundtable members to draft a written protocol to ensure that Indian children stay within the Indian community and to facilitate access to resources for agencies and Tribes working with high-risk Indian families.
Related Recommendations (3)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
R3
The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)
R4
Mendocino County Board of Supervisors interact with Tribal Councils as partners in a government-to-government relationship and direct all County Agencies that interact with Tribal Councils, to do so as partners, recognizing Tribal autonomy. (Findings 1, 3, 9, 11, 13-14)
F14
The ICWA Protocol is being updated.
Related Recommendations (3)
R1
The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16)
R3
The Mendocino County Board of Supervisors direct Health and Human Services to instruct Child Protective Services to follow CFR 25, Chapter 21 Indian Child Welfare Act, Section 195, subsection (b). (Findings 1, 3, 9, 11- 14, 16)
R4
Mendocino County Board of Supervisors interact with Tribal Councils as partners in a government-to-government relationship and direct all County Agencies that interact with Tribal Councils, to do so as partners, recognizing Tribal autonomy. (Findings 1, 3, 9, 11, 13-14)
F15
During Indian child custody proceedings, an independent ICWA expert witness may be called to provide requested information.
No recommendations for this finding
F16
H&HS staff members have stated that the application of ICWA Law has made them more sensitive to all children that go through the system.
No recommendations for this finding