County of Mendocino Tom Mitchell*

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. Sheriffs Response: I agree with findings.

All law enforcement officials in Mendocino County acquaint themselves with the ICWA Law. (Findings 1, 3, 9) Sheriffs Response: New training is being researched. The Mendocino County Sheriff's Office has planned a Law Enforcement ICWA Training Day to be held in Ukiah on January 14, 2010. Sincerely, Tom Olman Thomas D.Allman Sheriff-Coroner Finley Williams, Grand Jury Foreman cc: John Pinchess, Chair-Board of Supervisors Tom Mitchell, County CEO Jeanine Nadel, County Counsel 589-A Low Gap Road 707-463-4411 Ukiah, California 95482-3734 Fax 707-468-3404 Combined Responses: Mendocino County Board of Supervisors (Mtg July 21, 2009) Director, Mendocino County Health and Human Services Agency Mendocino County Sheriff's Office INDIAN CHILD WELFARE ACT OUR Children, OUR Hope, OUR Future June 9, 2009 Summary The 2008-09 Grand Jury reviewed the operation and enforcement within Mendocino County of the Indian Child Welfare Act (ICWA). The United States Congress (Congress) passed ICWA in 1978 to prevent Tribal Indian children from being removed from their Tribal cultural roots. Mendocino County Tribes realized in the mid 1980s-90s that the best interests of their children were not being addressed in local or state courts due to the lack of understanding of ICWA Law. Federally recognized Tribes in Mendocino County developed a collaboration between the Mendocino County Department of Social Services (currently under the Health and Human Services Agency) and the California Indian Legal Service (CILS) to improve services to local Tribal Indian families. This collaboration brought about the ICWA Roundtable discussions. The ICWA Roundtable consists of Mendocino County Tribal ICWA staff, Tribal Council representatives, Health & Human Services Agency (H&HS) staff, County Counsel, CASA (Court Appointed Special Advocate) Director and local attorneys. The ICWA Roundtable meetings led to the development of the Mendocino County ICWA Protocol. The turnover of local Tribal ICWA staff contributes to some communication disconnect between the Tribes and Social Services/Child Protective Services (CPS). The lack of Tribal foster care homes in Mendocino County creates a problem for placement of Indian children. H&HS staff stated that the application of ICWA Law has made them more sensitive to all children that go through the system. Methods The Grand Jury read the Code of Federal Regulations, CFR 25, Chapter 21. The Grand Jury interviewed Mendocino County H&HS/social service staff, local Mendocino County Tribal people and a Mendocino County court appointed attorney and attended an ICWA Roundtable meeting. Background In the early 1850's young Mendocino County Tribal women and children were kidnapped and sold as slaves in highly populated areas. This practice grew into an increased trade from 1852 to approximately 1867. Tribal Elders in the Ukiah Valley told many stories of how fearful they were about having their children stolen. Tribal children were taught to run as fast as they could and hide. Combined Responses: Mendocino County Board of Supervisors (Mtg July 21, 2009) Director, Mendocino County Health and Human Services Agency Mendocino County Sheriff's Office Congress enacted ICWA in 1978 to address legal and social issues facing Tribal Indian families across America. Congress recognized the special trustee relationship between the United States and Indian Tribes as a federal responsibility to Indian Tribes to protect and preserve their continued existence. Congress recognized that there is no resource more vital to the continued existence and integrity of Indian Tribal families than their children. A high percentage of Indian Tribal families were having their children removed from family homes by public and private agencies. Many Indian children were placed in non-Indian foster care, adoptive homes and institutions by administrative and judicial state court systems that failed to recognize the essential Tribal cultural relationship of Indian Tribal people. Congress declared that "it is the Policy of this Nation to protect the best interest of Indian children." Therefore, by Congressional action, it approved and added into the United States Code of Federal Regulations, Title 25, Indians Chapter 21, (CFR 25, Chapter 21) the Indian Child Welfare Act.1 Findings 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. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors agrees with this finding, in accordance with the responses from the Sheriff and the Health and Human Services Agency (HHSA) Director. Requested Response: Mendocino County Sheriff's Office I agree with findings. Required Response: Director, Health & Human Services Agency The Mendocino County Health and Human Services Agency Director agrees with this finding.

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. Sheriffs Response: I agree with findings. 707-463-4411 589-A Low Gap Road Fax 707-468-3404 Ukiah, California 95482-3734 Mendocino County Sheriff's Office Grand Jury Report of June 9, 2009 Indian Child Welfare Act Our Children, Our Hope, Our Future 9. Tribal law enforcement and the Sheriff's Office have an understanding of ICWA but city police departments rely on CPS. Sheriffs Response: I agree with findings, however, training is now being researched. ICWA becomes applicable with the first filing of a court document, but its protections are needed by 12. Indian children before such action is taken. Sheriffs Response: I agree with findings, but it is often difficult if the ancestry of the child is unknown.

Most local Tribes have not designated emergency ICWA safe-houses where Indian children can be placed for immediate protection.

There is a lack of Tribal foster care homes in Mendocino County.

At the discretion of the Tribal Council, an ICWA representative may be hired to actively represent the interests of an Indian child. Most local Tribes do not have an official Tribal Court.

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 makes it difficult to determine an Indian child's legal status if that child resides off Tribal land.

Tribal law enforcement and the Sheriff's Office have an understanding of ICWA but city police departments rely on CPS. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors neither agrees nor disagrees with this finding. Requested Response: Mendocino County Sheriff's Office I agree with findings, however, training is now being researched. Required Response: Director, Health & Human Services Agency Without additional information, we cannot agree or disagree. (cannot speak for police understanding) Combined Responses: Mendocino County Board of Supervisors (Mtg July 21, 2009) Director, Mendocino County Health and Human Services Agency Mendocino County Sheriff's Office Turnover in Tribal ICWA and CPS staff cause communication breakdowns.

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. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors agrees with this finding. Required Response: Director, Health & Human Services Agency The Mendocino County Health and Human Services Agency Director agrees with this finding.

ICWA becomes applicable with the first filing of a court document, but its protections are needed by Indian children before such action is taken. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors agrees with this finding, , in accordance with the responses from the Sheriff and the Health and Human Services Agency (HHSA) Director. Requested Response: Mendocino County Sheriff's Office I agree with findings, but it is often difficult if the ancestry of the child is unknown. Required Response: Director, Health & Human Services Agency The Mendocino County Health and Human Services Agency Director agrees with this finding. In January 2003, this need to extend ICWA protections led the Roundtable members 13. 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. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors agrees with this finding, , in accordance with the responses from the Health and Human Services Agency (HHSA) Director. Combined Responses: Mendocino County Board of Supervisors (Mtg July 21, 2009) Director, Mendocino County Health and Human Services Agency Mendocino County Sheriff's Office Required Response: Director, Health & Human Services Agency The Mendocino County Health and Human Services Agency Director agrees with this finding. The ICWA Protocol is being updated. Required Response: Mendocino County Board of Supervisors The Mendocino County Board of Supervisors agrees with this finding. Required Response: Director, Health & Human Services Agency The Mendocino County Health and Human Services Agency Director agrees with this finding. During Indian child custody proceedings, an independent ICWA expert witness may 15. be called to provide requested information. H&HS staff members have stated that the application of ICWA Law has made them 16. more sensitive to all children that go through the system. Required Response: Director, Health & Human Services Agency Without additional information, we cannot agree or disagree Recommendations The 2008-2009 Grand Jury recommends that: 1. The Health & Human Services Agency continue to interact with the ICWA Roundtable. (Findings 1, 3, 9-11, 13-14, 16) Required Response: Mendocino County Board of Supervisors The recommendation has been implemented and has been in place since 2002. Required Response: Director, Health & Human Services Agency The recommendation has been implemented and been in place since 2002.