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Record 4 of 14
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Record Number: 43441
Accession Number: CD-40426
Document Title: Training opportunities for cultural responsiveness and awareness (TOCRA) : final report.
Author: Gooden, Myrna. Barkdull, Carenlee.
Corporate Author: University of Utah. Social Research Institute.
Publication Year: 2002
Pagination: 1 v. (various pagings)
Grantee: Child welfare training program
Funding Opportunity Announcement Number: 99C.2
Funding Opportunity Announcement Title: Training of child welfare staff to develop cultural competence in working with tribal children and families
Project Name/Project Title: Training opportunities for cultural responsiveness and awareness
CB Grant Number: 90CT0054 90CT0054/01
Fiscal Year: 1999
Abstract: The final report for the Training and Opportunities for Cultural Responsiveness and Awareness (TOCRA) demonstration program managed by the University of Utah College of Social Work details the achievement of goals from April through September 2002. Four design teams were established to improve foster care and preservation services for Native American families. The groups focused on the development of culturally appropriate foster parent recruitment and training, wraparound service coordination, family support services, and compliance with the Indian Child Welfare Act. Other activities included presentations at the University of Utah social work classes and program evaluation. The report includes background materials from workshops and conferences, journal articles, fact sheets, and assessments of compliance with the Indian Child Welfare Act.
Grant State(s): UT
Document:

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Period Covered: April 1 to Septetier 3Q, 2002 N~ONW @NGHOUSE ON CM~MUSE AND~G~~ INFO~~ON Objectives AchievedGoal 1: Design Team Development and Training Nov 212003 ““ UNACC Desien Team Activity during this report period was varied and intense. New directions and increasedcommunity collaboration were key elements for the success of this design team. Support of twokey positions (1) the Utah Indian Child Welfare Specialist and (2) the Family PreservationCoordinator at the Indian Walk-In Center (IWC) accounts for some but not all of the activity.For instance, providing information for the monthly elders meeting at the Indian Wrdk-In Centerhas helped get the word out that families are needed for Indicative children in foster care.Having brochures and information (see FAQs enclosed) available at the IWIC health fair onApril 13* and at the Intertribal Student Association powow on April 1S’halso helped recruitfamilies. Myrrra Gooden, project co-manager, provided training to the Family PreservationCoordinator using the NICWA “Positive Indian Parenting” curriculum. The FP Coordinator, inturn, recruited local hdi~ative families for parenting classes beginning April 3d andcontinued the training every Wednesday through June. Strengthening the families from acommunity base helped build trust relationships while providing education and support.During the previous reporting period, the FP Coordinator, Lynne Hall, M.S.W., hadcollaborated with tie Utah Foster Care Foundation ~CF) to recruit, screen and train fourAmerican Indian families. The hope was that the families would become certified by the State ofUti and, subsequently, be available for placement. However, at the end of this report period,ordy one family had been cefiified and the othem have withdrawn. The problem seemed to bethe training model; it is not cdturrdly responsive to the kditiative community needs.Consequently, a collaboration among IMC, TOCW and the Native American Training htitute@ATI) was negotiated for the costs of a two-day training session specifically for foster parenttrainers using a curriculum that was developed by/for/with hdidative families. OnJdy31‘*and August 1-a train-the-trainers session was held using NA~’s curriculum. Twenty trainerswere certified; 13 Initiative community members and 7 non-hrdians who were employed byUFCF. Prospective foster parent recruitment will be ongoing during fall 2002 with the nexttraining group planned for Jao~ or Feb~ 2003 @ost-grant period). ~Is is a success storythat was completely unexpected and a true bonus to the design team initiative. The combinationof dollars horn two orgtintions, IMC and TOCW, meant that the training professiorrds andpurchasing the curriculum became affordable and will meet the communities’ needs. This wasmore than a win-win-win situation. The training cadre has a basis for long-term success state-wide because the director of the Utah Division of Child and Family Services, Wchard Anderson,

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had his staff review the curriculum for comparison to the UFCF curricuhrm. Aher the review

and meeting with the core training team, he approved the curriculum and encouraged UNACC to

do a sub-contract with UFCF to continue training Initiative families in the future.

On April 29’h,Uttis Second Annual Indian Child Welfare Conference was held at the

Salt Lake Community College Miller Campus in Sandy, Utah. UNACC members provided part

of the training and fully supported Utah’s Indian Child Welfare Specialist, Savania Tsosie,

M.S.W. throughout the preparation by provided guidmce. The planning committee was

comprised of Ms. Tsosie and Myrna Gooden and the tribal Indian Child Welfare Specialists from

the Northern Ute, Paiute, Goshute, Navajo, and Ute Mountain tribes. ~ls was the first

conference of its kind, wholly planned and implemented by an all Indian team. The 216

participants were from both state and private agencies and the conference evaluations indicated

that the day was a huge success!

May 18* was declared, “Gathering the Children Day; by Governor Michael O. Leavitt

(see copy attached). Preparation for the day spanned part of Year 2 as well as Year 3 resulting in

a day-long celebration of Indian and non-Indian foster parents from throughout the State of Utah

(see “...Day Planner”). The Utah Director of hdiarr Affairs, Forrest S. Cuch, presented the

declaration during the evening powwow. The Governor’s declaration means that May 18’his set

aside specifically for Initiative chlIdren who have been adopted or are in foster care

throughout the State of Utah for time immemorial. It is a day when the Indicative children

and their families can share their happiness and success with the entire community. A contest

was held for the poster design. Children who were in foster care at a private agency in Ogden,

Utah were asked to submit their ti for consideration. The design chosen was submitted by a

young girl (name withheld by agreement) who was honored with her first shawl and a special

dance at the powwow. There were so many stones of reconciliation and reclamation that

happened throughout the day that it is difflcuk to phrase the impact that this special day had for

many, many children. ~CL radio, a local NPR station, had provided free public service

announcements; consequently, adults who had been adopted or in foster care came to the

powwow to learn about their heritage and to share their stories.

June 10* UNACC became a non-profit 503(c) organimtion. Plans for tils transition had

been supported by the kditiative community when it became apparent that the organimtion

was needed and could be sustained beyond the grant period. Providing an avenue for multi-

agency collaboration throughout the state and recmitin~trainin~supporting foster families are

the top priorities. Development of a mission statement, vision statement, articles of

incorporation, and by-laws had dl been done under the guidance of the TOCRA project co-

managers. Myrna Gooden was asked to serve as President of UNACC for the first two-years of

operation and she agreed. Local leaders were appointed by the community to serve as the Chair

and Vice-Chair of the Board of Directors. By the end of this report period, UNACC was in the

throes of recruiting foster parents and doing grant researctiwritirr~planning.

PINO (Southern Ute DesiEn Team)

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The P~O (Southern Ute) Design Team held two meetings during this reporting period.

28 members attended the May31 planning meeting for the wrap-around training event to be

undertaken in August in conjunction with a community welhress event Elise Redd is P~O’s

liaison to the Tribe’s Health Services Division, and will be in charge of coordinating wellness

booths and other activities. SUCAP representatives offered to be in charge of coordinating

activities for ctildren.

Carenlee Barkdull, project co-manager, was asked to coordinate details with the Native

American Training Institute @AT1) to ensure continuity since Jodi Gillette, NATI’s director,

~tumed to graduate school afier participating in the initial meeting planning in November. P~O

members expressed concern that new trainers would not tailor the training specifically to the

Southern Ute cornmurrity. Carerdee volunteered to bring them up to speed, and noted that Jodi

had offered to continue acting as a resource, if needed.

Montiy “Circle of Care” meetings between Social Services, the juvenile justice system,

mental hedtb providers, school counselors, and Peaceful Spirit representatives have continued.

Dedm Millich, the Social Services Director, expressed concern that the group has not yet made

the “leap” to a wrap-around approach. Although the coordination and collaboration among

agencies has been helpful for both families and agency staff-families are able to choose one

provider to act as their “case manager’’-the family conferences have not yet been implemented to

ensure that families are eqti collaborators in their treatment.

PNO members reviewed a visual model of the Circle of Care process Csrenlee had

created based on the consensus of the attendees at the PWO retreat (attached). Southern Ute

Tribrd Court Judge Scott Moore has been planning to pilot a restorative justice model for adults

and juveniles. He offered to combine efforts with the Circle of Care group and take

responsibility for piloting the family cotierencing concept with a limited number of families.

Sam Conti will assist in tils effort, and the ~oup will do f~her planning at its regular monthly

meeting.

The NATI wrap-around training event was held August 14 and 15 (training materials

attached). Debomh Painte and Patricia Hall Hammeren were briefed on P~O’s system of care

in advance of the training, and were well-prepared to help the 26 individusds who attended tailor

their planning to the community. A representative from the Ute Mountain Ute Design Team and

two members of the Paiute Indian Tribe of Utah were also in attendance, for a toti of 29.

The NATI training is largely experiential. Attendees adopted various roles of support and

opwsition for implementing the wraparound concept as an intervention in I~acio School

District’s middle school, and discussed strategies for buildlng support and overcoming barriers.

One of the greatest challenges will be overcoming negative feelings of many Native American

parents in the community toward the Igrracio school board. Another challenge will be for PNO

itself to reach consensus on whether the intervention will be targeted to Native American

students osdy, or as an avenue to all famiIies who might be interested in participating.

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NA~ trainers discussed the benefits of the family-centered approach in their particular

model of wrap-around. Much of the discussion centered around confidentiality concerns. The

trainers reviewed forms used for the Circle of Care project and thought they were adequate;

written agency policies must also support the process.

Carenlee was formally thanked for her work in her role as P~Os facilitator, and was

presented with a beautiful Pendleton blanket as a token of appreciation. The group will continue

to be chaired by NC Jefferson for the foreseeable future as his agency, SUCAP, is independent of

tribal agencies. There was group concensus that it would not be wise to seek formal sanction for

the group’s activities from the Tribal Council at this time as, unfortunately, tribal politics have

continued to be hi@y turbulent over the course of the year. P~O will continue to operate as a

quasi-independent body of committed agency and community volunteers. Naomi Russell from

SUCAP will take over the role of maintaining the mailing list and coordinating logistics for

meetings.

Ute Mountain Ute Design Team

The Ute Mountain Ute Design Team did not meet formally during this reporting period.

The Social Services Director became the Tribal Executive Officer following the untimely death

of the person who had previously held that position. Design Team members communicated to

Carerdee that the Design Team meetings @eld during the previous reporting period) had

improved communication between Tnbd agencies and local agencies in Corte< Colorado--

“immeasurably” in the words of one mental health practitioner. He felt that a direct outcome of

the design team work was the effective emergency response pulled together by providem and

community members after a devastating series of accidents and two teen suicides resulted in 11

deaths in this small community over a 3-month period. Tribal and non-tribal entities recruited

several tribal elders and worked together during the spring and summer months to provide

culturally responsive outreach, support, and grief counseling to Ute Mountain families, and to

ensure that Tribal youth were rdso provided with support groups and other psychosocial supports.

The future of the Ute Mountin Ute Design Team is uncertain, and will likely be highly

dependent on the new Social Services Director. PNO has included Ute Mountain representatives

in a number of activities, and has offered to provide technicrd support if there is interest in

continuing this effort on the Ute Mountain reservation.

Colorado ICWA Task Force

Meetings for this woup became more formalized as a result of written mission, tasks, and

strategies (see sample attached). One month the entire task force would meet for at least a hdf-

day then the next month the individti work groups (A through F) would meet separately. &ch

work group had at least one major goal, i.e., “hstitutionalize the knowledge of the hdiarr Child

Welfare Act: with strategies outlined to achieve this goal. The work goup would identify tasks

at hand, timelines, responsible agency or persons, and accomplishments to date that kept the

entire ~k force apprised of the ongoing work. The missiotitasks/strategies document (14 pages

in length as of March 5*) woz shared online. The Denver Indian Family Resource Center

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Clinical Supervisor, Dr. Deborah Esquibel Hunt, served as co-chair of the task force. (Dr. Hunt

was dso a TOCRA co-author and served as a member of the grant’s Regional Advisory

Committee.) M~a Gooden served as liaison and group mediator to guide the task force through

the design team process.

There were numerous successes with this task force but the pinnacle of success was the

passage of the Colorado Indian Child Welfare Act, HB 02-10~ (see attached). The State of

Colorado is now well underway in implementing tils bill and in assuring safety and permanence

for the Indicative children whom they serve. Two additional documents were adopted afier

the passage of Colorado’s ICWA: (1) American hdidA1aska Native Assessment Form and (2)

Indian Child Welfare Act Intake Compliance Checklist (see attached). These documents were

direct products of the ICWA Task Force and were lauded by tie Indian community as major

steps in ensuring that the lCWA is honored and accurately applied.

Goal 2: Curriculum DeveloDmerrt and Field Training

Members of UNACC, Jo Overton and Theresa Blackbird, joined M~a Gooden, Lynne

Hdl and Savarria Tsosie in a presentation at the Natiorrd Indian Child Welfare Conference in

Dduth, MN in April. The presentation outline is attached; workshop evaluations were extremely

favorable. More impo~tly was the mentoring of four Indian women in the art of mtilng

national presentations. This conference was the fourth training opportunity for M~a Gooden

and the first opportunity at the national level for Lynne Hall, Savania Tsosie, Jo Overton, and

Theresa Blackblrd. It was dso the first time Theresa had ever flown in an airplane!

Specifically for the Clearinghouse, enclosed is a copy of the curriculum developed by

NA~ entitled, “The Indian Child Welfare Act.” This curriculum was developed during Year 2

and copies were provided to the U.S. Children’s Bureau. Since the curriculum is copyrighted by

NATI, yet a product of the TOCRA Grant, one copy is provided to the Clearinghouse for review,

however, any additioti use shodd be done ordy under copyright permission from NATI.

Goal 3: Expansion and Improvement of Social Work Curricula

Ongoing, as described for the repo~ing period October 1,2001- April 30,2002.

Additiondly, presentations were made to University of Utah classes on the Indian Child Welfare

ACEsee Summary items marked with “UU”.

Goal 4: Development of Desiyrr Team Evaluation Strategies

An instrument measuring the effectiveness of the design team process as it relates to

improved collaboration and attitudes toward family-centered practice has been developed by one

of the grant co-managers and a colleague at Ohio State University. All questionnaires to be used

for reliability and vrdidity testing have been collected into SPSS, a statistical sotiare program.

To date, reliability and vaIidity measures have yet to be undertaken. A copy of the instrument

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was forwarded in an earlier report.

The qualitative component of the evaluation for all design team-related work within the

region was completed during Fall 2002. ~Is component included data from design team

facilitators and participants in both the TOCRA grant and an TANF-related grmt that was also

funded by the Children’s Bureau. The results of this evaluation have been published ‘in a

professional social work journal, the Journal of Human Behavior in the Social Environment (a

copy is attached). The article was dso included in a book by the same publishing company

@aworth Social Work Practice Press), entitled Charting the Impacts of University-Child Welfare

Collaboration (2003), and edited by Katharine Briar-Lawson and Joan Levy Zlotnik.

Goal 5: Disseminate Curriculum and Publish Text

Dissemination of the curriculum developed by NATI is done only under provisions

expressed by that organimtion. There is a purchase price for both the curriculum and its

accompanying training. In Year 2, the Colorado Division of Family Services developed a CD-

ROM that incorporates components on the Indian Child Welfare Act and is a result of the

Colorado ICWA Task Force initiative.

A copy of the text, Innovative uractices with vulnerable children and families (2001),

eddie bowers publishing, inc., includes the chapter entitled, “Walking in moccasins: hdiarr child

welfare in the 21‘t Century” accompanies tils report to the Clearinghouse. Several copies were

previously provided to the U.S. Children’s Bureau.

Dr. Emma Gross, a member of the University of Utah facultyand the TOCRA Regional

Advisory Council, drew on her experiences as liaison to NATI, as well as observations of

TOCM design team meetings to formulate a “ti]nk piece” on the ICWA. Her article was

submitted during the grant period and published in the Journal of Social Work in 2003,

“ need article title here ,,

Additiorrdly, Dr. Deborah Esquibel Hunt, co-edited a text, Heluin~ in child protective

services: A comoetenc~-based casework handbook, published by the American Human Society

and due for publication in November 2003. Dr. Hunt drew on her experiences as a Clinical

Supewisor and as co-chair of the Colorado ICWA Task Force to lend new information for

caseworkers who have hrditiative clients in the second edition of this text.

Goal 6: ICWA Compliance Achievement for Four States

See information provided previously on the Colorado Indian Child Welfare Act and the

copy attached to this report.

Underway at the end of Wls reporting period, is the reconstruction and expansion of

Utah’s hdiarr Child Welfare policies and procedures. The previous poIicy was vague and out-

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dated and the policies were inaccurate at four pages in length. The rewritten policyis21 pages in

length and outlines step-by-step procedures for state child welfare workers to follow. M~a

Gooden collaborated with Savania Tsosie and Judge William A. Theme in retiting the policy.

Judge Theme is the first ArrrericrmIndian appellate judge for Utah and an expefi on the Indian

Child Welfare Act; he makes presentations and provides training on the topic at the national

level.

During the 2002 State of Utah general session, Representative Dan R. Eastman

introduced S.B. 1IO, that outlines “Child Placement Determinations” which will amend the

Human Services Code and the Judicial Code and is a step closer to enactment of an Indian Child

Welfare Act for the State of Utah (see copy).

Note, too, that the UNACC and UFCF foster parent trainers meet the requirements for

tils goal.

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southern Ute Design Team

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PINO

(People Innovating, Networking, & organizing)

,NOTICE

DATE: THURSDAY, MAY 31

Tim: $:30-10:30 A.M.

B~FET BREA~AST PROVIDED

PLACE: SKY UTE CASINO

OURAY ROOM

ISSU~ TO BE DISCUSSED:

a Announcements~pdates

a Planning: See gods from March

* Other Business

IF YOU HAVE ANY QUESTIONS, CARENLEE CAN BE REACHED AT (801) 585-3821, OR

BYE-MAIL AT cbarkdull@socwk. utilll.edu.

*

{

semices FnowChati

o School o School Staff o Family @tiendd) o Etiended Family 0 Self o Spiritual Adviso~s) ~ Spiritual Advisors o Teacherso Agency o SchooUAgency Staff o hformal Helping o Agency Staff~ Family Systems o &hers o ~herso ~her o Professional Helping Systems------ --- m-- ------ -

.

* P!NO *

People Innovating, Networking & Organizing

Mailinq Mst as of 8/1/02

Abshire, Bobby

P. O. Box 1307

Ignacio, CO 81137

(970) 563-4353

Baker, Robet L.

Spu’ da Mu’ usa-ci

387 HV 140

Hesperus, CO 81326

(970) 749-3602

fax:

www.spudacat@frontier. net

Becenti, Leland

La Plata Youth Svcs,

2301 Main

Durango, CO 81301

(970) 385-4440, ext. 21

fax: (970) 385-1726

e-mail:

Behrens, Vicki

MST

‘“Peaceful Spirit

P. O. BOX 800

Ignacio, CO 81137

phone: (970) 563-9501

fax:

e-mail:

Brown, Steve

MST

Peaceful Spirit

P. O. BOX 800

Ignacio, CO 81137

Phone: (970) 563-004 I

fax: (970) 563-9030

e-mail: steve_brown@ceo. cudenver.edu

Burch, Sanjean

Victim Services

P. O. Box 737

Ignacio, CO 91137

(970) 563-0245, ext. 3302

fax:

e-mail:

Cloud, Alex

(Title)

SUCAP

P. O. BOX 800

[gnacio, CO 81137

(970) 563-4517

fax: (970) 563-4504

e-mail:

Conti, S.G. “Sam”

Family Court Therapist

Southern Ute Tribe

P. O. Box 737

Ignacio, CO 81137

(970) 563-0268

fax: (970) 563-0357

e-mail: sconti@southern- ute. nsn.us

Dahlke, Dennis

Executive Director

Peaceful Spirit

P. O. BOX 800

Ignacio, CO 81137

phone: (970) 563-4555

fkx: (970) 563-4618

e-mail: dahlke@frontier. net

Dodd, Dottie

(Title)

Peaceful Spirit

P. O. BOX 429

Ignacio, CO 81137

phone: (970) 563-4555

fax: (970) 563-4618

e-mail:

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Doughty, Janelle

Victim Services

P. O. Box 737

Ignacio, CO 81137

(970) 563-0200

fax: (970) 563-0347

e-rnai I:

Dunn, Shannon

Southern Ute Health Center

P. O. BOX 899

Ignacio, CO 81137

(970) 563-4581, ext. 240

fax:

e-mail:

Espama, Edward

Probation Department

P. O. Box 737

Ignacio, CO 81137

(970) 563-0240

fax: (970) 563-9570

e-mail: eespam@southern-ute. nsn.m

FIagg, Charlie

Director

Southern Ute Justice& Regulatory

P. O. Box 737

Ignacio, CO 81137

(970) 563-0292

fax: (970) 563-0183 (fax)

e-mail:

Goodtracks, Jennifer

Mental Health TechnicitiCase Manager

Southern Ute Health Center

P. O. BOX 899

[gnacio, CO 81137

(970) 563-4581, ext. 224

fax: (970) 563-0206

e-mail: jgoodtracks@albmail .dbuquerque.ihs.gov

Grant, M. Esther and Charles

P. O. BOX 1061

Ignacio, CO 81137

(970) 563-3145

e-mail: GChuckMeg@cs.com

Gray, Evangelize

(Title)

Southern Ute Social Services

P. O. Box 737

Ignacio, CO 81137

(970) 563-0100

fax: (970) 563-0334

e-mail:

Gri~th, Karla

SJC

P. o. BOX616

Kirtland, NM 87417

phone:

fax:

e-mail: grifflth_queen@ hotmail.com

Hofmann, Chris

SUCAP

P. O. BOX 62

Ignacio, CO 81137

(970) 563-4517, ext. 203; 749-0329 (cell)

fax: (970) 563-4504

email: chofmann@frontier. net

Holligan, Julie

Prosecutor

Southern Ute Tribal Court

P. O. Box 737

Ignacio, CO 81137

(970) 563-3111

(fax)

e-mail:

Howard, Jay and Linda

MST

Peaceful Spirit

P. O. BOX 800

Ignacio, CO 81137

phone: (970) 759-91 53; cell: (970) 563-6092

fax: (970) 563-4618

e-mail: jaylinmt@yahoo.com

Jefferson, RIC

Executive Director

SUCAP

P. O. BOX 800

Ignacio, CO 81137

(970) 563-4517

fax: (970) 563-4504

e-mail: ricj@frontier.net

Johnson, Chuck

~itle)

SUCAP

P. O. BOX 800

Ignacio, CO 81137

(970) 563-4517

fax: (970) 563-4504

e-mail:

Johnson, Mark D.

Vocational Rehabilitation Counselor

Southern Ute Indian Tribe

P. O.. Box 737

Ignacio, CO 81137

(970) 563-0155

fax: 970-563-0306

e-mail:

Keller, Sonia

Resident Coordinator

Southern Ute Indian Housing Authority

P. O. Box 447

Ignacio, CO 81137

phone:

fax:

e-mail: staff_suiha@frontier. net

Lopez, Gloria

Principal

Ignacio Intermediate School

P. O. Box 470

Ignacio, CO 81 I37

phone: (970) 563-0603

fax:

e-mail:

Lovett, Karin

Probation Officer

Southern Ute Tribe

P. O. Box 737

Ignacio, CO 81137

phone:

fax:

e-mail:

Lucero, Ray

Training Advantage Program Director

SUCAP

P. O. BOX 800

Ignacio, CO 81 I37

(970) 563-4517

fax: (970) 5634504

e-mail:

McFadden, Laura

Teen Court

P. O. BOX 800

Ignacio, CO 81137

(970) 563-9235

fax:

e-mail: lmcfadden7@hotmail. com

Martineq Nelda

MST

Peaceful Spirit

P. O. BOX 429

Ignacio, CO 81137

phone: (970) 563-4555

fax: (970) 5634618

e-mail:

Millich, Dedra

Director

Southern Ute Social Services

P. O. Box 737

Ignacio, CO 81 I 37

(970) 563-0100, ext. 233 I

fax: (970) 563-0334

e-mail: dmil lic@southern-ute .nsn. us

Moore, Scott

Southern Ute Tribal Court

P. O. Box 737

Ignacio, CO 81137

(970) 563-0240

fax: (970) 563-9570

e-mail: smoore@southern-ute .nsn,us

Naranjo, Alden B.

Community Consultant

P. O. BOX 1285

tgnacio, CO 83317

(970) 563-4369

fax:

e-mail: abnaranjo@aoI.com

Olguin, Carol Baker

Southern Ute Private Education Dept.

P. O. Box 737

Ignacio, CO 81137

(970) 563-0253

fax: (970) 563-3695

e-mail: colguin@southern-ute. nsn.us

Ovalle, Georgia

P. O. BOX 583

Ignacio, CO 81137

phone:

Pefia, Gail

SUCAP

P. O. BOX 800

Ignacio, CO 81137

. . . ..... :-,.,, . . .

Powell, James B.

Southern Ute Social Services

P. O. Box 737

Ignacio, CO 8 I I 37

(970) 563-0100

fax: (970) 563-0334

e-mail:

Pratchett, Lisa

Public Education Department

P. 0. BOX 898

Ignacio, CO 81137

(970) 563-0235

(fro): 563-0382

e-mail: lpratch@southern-ute .nsn.us

Redd, Elise

Health Services Division Head

P. o. Box 737

[gnacio, CO 81137

(970) 563-0154

fax: (970) 563-0392

e-mail: eredd@southern-ute. nsn.us

Rogers, Paul

(need mailing address)

e-mail: progers@frontier. net

Rohde, Tom

c/o Ignacio School District

315 Ignacio

Ignacio, CO 81137

(970) 563-0650

Romero, Della

MST

Peaceful Spirit

P. O. BOX 800

p;i;;E,::’3; ~ fi?oj ?$9 - 9/fD

fm: (970) 563-4618

e-mail: dsli@frontier.net

Sage, Vera

Community Consultant

P. O. BOX 233

[gnacio, CO 81137

(970) 563-9297

fax:

e-mail:

Santistevan, Arnold

Southern Ute Education Dept.

P. O. BOX 898

Ignacio, CO 81 I37

(970) 563-0100

fax: (970) 563-0382

e-mail: arnoldjb@southern-ute. nsn.us

Seibel, Melanie

P. O. Box 1071

[gnacio, CO 8 I I37

phone:

Silva, Connie

P. O. BOX 29

Ignacio, CO 81 I37

phone:

Smith, Jann

Police Support Supewisor

Southern Ute Police Dept.

P. O. Box 737

Ignacio, CO 81137

(970) 563-0246

fax: (970)563-0347

e-mail:

Taylor, LaTitia

Director

Southern Ute Higher Education Dept.

P. O. Box 737

Ignacio; CO 81137

(970) 563-0235

fax: (970) 563-0382

e-mail: ltaylor@southernute. nsn,us

Tobias, Corina

P. O. BOX914

[gnacio, CO 81137

(970) 563-412 I

Tregillus, Peter

Program Developer

SUCAP

P. O. Box 800

lgnacio, CO 81137

(970) 563-4517

fax: (970) 563-4504

peter_t@frontier. net

Velasquez, Melissa

P. O. BOX 1265

Ignacio, CO 81137

(970) 563-9501

Watts, Lisa B.

(fitle)

SUCAP

P. O. BOX 800

Ignacio, CO 81137

(970) 563-4517

fax: (970) 563-4504

lwatts@frontier. net

PINO

(People Innovating, Networking, & Organizing)

Wrap-around Training

presented bv the

NATIVE AMERICAN TRAINING INSTITUTE

DATES: WEDNESDAY & THURSDAY, AUGUST 14 & 15

rIME: Wednesday, 8:00 a.m. -4:30 p.m.; Thursday 8:00-3:00

Continental breakfast served (lunch is on your own)

‘LACE: TO BE ANNOUNCED

IETAILS:

rhis long-awaited event is finally going to happen! We wish we could have given you

III more noticefor those of you who miss this training, enough people will have the

nformation to share it with others.

.fyou would like to attend–we are presently holding 30 slots for PINO members on a

‘first come, first served” basis. To reserve a slot, call Naomi Russell at SUCAP at 563-

1517, ext. 202. Please do not sign up if you cannot attend the full training for botb

~ And, if you sign up and have to cancel, please contact Naomi immediately as it is

)ossible there will be a waiting list and someone else will be able to attend. (For those

vho have served as Community Consultants for PINO, we are not able to pay the

;50/stipend per day for attending the training.)

rhis training will be the last event supported through the use of U.S. Children’s Bureau

TOCRA funds, as the University of Utah is at the close of this 3-year grant. Please be

thinking about how you would like to continue as a collaborative beyond this training

and share your thoughts with PINO’S Chair, Ric Jefferson.

[t’s been a great honor and a humbling experience to have worked with so many

incredible, caring and dedicated people. You have been an inspiration to me and to so

many others, and I feel truly blessed for having the opportunity to get to know so many

of you. I look forward to seeing you at the training!

Carenlee (801) 581-8140

cbarkdull@socwk. utah.edu

We are hopittg every child- ntrd fnn7i/y-servittg ageOcJ~colt seed fll least one

represet7tntive-this illclltdes edt!cnliott, la )Vellforce07e0t, the coorts, h oornn service

orgnlt izotioos and you(h de veloptrtettt progrnnts.

A auick review on wraD-around:

It is NOT a PROGRAM-it’s a process to help programs streamline what they do and

develop PROCESSES and APPROACHES that result in more effective outcomes.

Wrap-around can and should COMPLEMENT the many initiatives already in place

among various child- aild family-serving agencies,

The training offered is wrap-around from a Native American perspective–it’s

culturally sensitive and builds on the real-world experiences of wrap-around in a

number of Native American communities.

Below is information about NATI. For those of you fortunate enough to meet Jodi Gillette

last December, you already have some idea of what they are about. Jodi has won a

fellowship to pursue a Master’s Degree in Social Work, and asked me to relay her regrets

that she will not be able to return to Ignacio herself to conduct the training. However, NATI

is sending out two of its incredible trainers, Deb Painte and Patsy Hall Hammeren.

Dcboroh PcJ;l?Ic, crll ejlrolled t11et?7ber of !he M<n1dcn7. H;d(l!x(r,(JJ1d Arikclru IILIliaI1, is I17Co!olher of

IIVO d[olgh/ers. She cl(rren/ly dircc{s (he SCtcrcdChild Pr[~ecl, a ltzr~!p~{rol(jld pilol prcq”ect <I!!lorlg

four Nor/h Duke/o rescrvu[;ofls. She hold.r u Musters i,, Public Ac//!!i]1;slru/i(]t7. specializing ill

N<l(il,eA!l]ericu]lAfl~lirs,fiaa] Mon/a!l(JS/t/(e Utlil,ersify, [Ii?d;.s(hefor!)ler Execotive Director)]v

[he North Dakota hldiun Affairs Coratllissio/1.

Patricia Hall Hatjl!oeren (Ma Gaa Gee Da Wea), al.~oon erlrolled )Ilettlberof the Mandarl, Hidatsa,

at]d Arikura nu!iotl, is ihe nlo[her oja 17-year-old s(~n. PC{(SY hus been a teacher atldprincipal for

2j years and holds u Master >Degree in Educa(ionul Acljjti]listratio\lfiotll Northern Stale University

in South Dakota,

The nlission of NA TI is “[oetllpower individuals, fu]rlilies u!ld the coolrnunity [o creale a safe OITd

healthy enviroonlent so children andfamilies CU17 achieve [heir highest potentiul”. The Iostitufe,

n,hich opened in 1995, is the result of art alliorrce of the Sta]lding Rock Sioux Tribe, the Three

Affiliated Tribes, the Spirit Lake Sioux Tribe, the Turtle MozortainBond of Chippe wa arid the

Tren!on Indian Service area, and is i[self o nlodel of collaboratiorf an70ngtribes, state govern!lle]lt

and the private sector,

NATI offers curricula and training for foster parents, adoptive parents, child care providers,

parent education programs, juvenile justice workers, tribal courts, legal services, law

enforcement and others involved with child protection services.

On the following page is information from NAT1’s website (-.nativeinstitute. orv] on

their wrap-around training and curriculum:

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Wra~around in Indian Countrv: The Ways of the People are Who We Are

The wraparound ‘concept is both old and” new in Indian Country.

While the wraparound process is a new way for professionals to

work with children and families in crisis, the practice of calling on

one’s relatives and the community for support has been in Indian

communities for hundreds of years. This training module is an

adaptation of national training incorporating Native American

perspectives and best practices learned by tribes. The authors

have fused the traditional teachings of their communities,

mainstream ideas and the lessons learned in practice into this

seven-session training module. This unique training package is the culmination of

four years of experience in utilizing wraparound with Native American families.

Training packages are available for educating community, training Care

CoordinatorsMorkers, training WRIT members and/or educating thought leaders

about System of Care Philosophy.

“Good, practjcal knowledge - not just theories. ”

“The use of different activities and humor were helpful in learning the different concepts. ”

“The tra;njng was exce//ent. / appreciate the honesty and ‘realness’ of it a//. It was real and

practical. ”

“It was great, very carjrrg and spiritual. Ve~ in tune with being human beings. ”

“1 really enjoyed the training. This is the first training 1actually participated in because I felt so

comfortable. ”

“/t addresses needs of people. It does not ‘sugar-coat’ issues. It deals with reality, something

that js ovetiooked. I appreciate the honesty. If everyone was this way, we would be much bette~

Ofi “

“The dedication, responsiveness, s;ncer;ty and clarity wjth which [the training] is presented is

commendable, ”

“Very detailed and ve~ flexible. The trainers could go from one fopic fo another and yet keep a

real diverse group on track and in formed,”

Native American Training Unstltute

Wr~P~rOU~d in OndianCountrg:

The Way5 Of the People are WhO We Are

Agenda

Wednesday, August 14,2002

6:00 a.m. -9:00 a.m.

9:00 a.m. -10:00 a.m.

10:00 a.m. -10:15 a.m.

10:15 a.m. – 10:30 a.m.

10:30 a,m. -12:00 p.m.

12:00 p.m. -1:00 p.m.

1:00 p.m. -1:30 p.m.

1:30 p.m. -3:00 p.m.

3:00 p.m. -3:15 p.m.

3:15 p.m. -4:30 p.m.

Welmme and Ovewiew

Introductions and Expatiations

Break

Ground Rules

Historical Trauma and Intergenerational’ Grief

Lunch

What do we do with Hugh?

Wheel within a Wheel

Break

Wheel within a Wheel (contd)

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Session One

The Human Experience: How do we Deal with Challenge?

Welcome

A. Overview

B. How to use the participant manual

C. Introductions and expectations

D. Ground rules

E. Competencies

Historical Trauma and Intergenerational Gtief

A. Challenges

B. Experiencing loss

C. Definitions

D. Removal of children

E. Resiliency and strengths

The Wraparound Process

A, Wheel within a wheel

B. How do we deal with challenge?

Iv. Conclusion

*

A. Group discussion

B. Self-test

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o Care Coordinators will understand the impact of historical trauma and its relationship

to worting with children and families.

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0 Care Coordinators will understand the impact of intergenerational grief and its affecton family dynamics.

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o Care Coordinators will expedience and understand the basic principles of thewraparound process.

1 0 Care Coordinators will recognize the need for change in practice.

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Ground Rules we established are...

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Notes

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Session One: Self-test

Multiple choice

1,

2.

3.

4.

Trauma upon trauma that occurs in histoy to a specific qrouD of DeoDle causina a

emotional’and mental wounding both during their lives an~ in \he generations that

follow is:

a. Intergenerational grief

b. Intergenerational trauma

c. Historical grief

d. Historical trauma

Setting ground rules is important because:

a. all meetings should be the same.

b. the children and families you work with can’t control themselves.

c. it helps the team build trust, have a productive experience and share with each

other,

d. it is a formal requirement of wraparound.

Native American children have been physically removed from their families and

communities since the:

a. 1660s

b. 1770s

c. 1880s

d. 1990s

The term used in wraparound to help stop calling children names and focus on the

positive is called:

a. Strengths Discove~

b. Plan of Care

c. Care Coordinator

d, Reframing

Short answer

5. In 1978, Congress passed the in an effort to

help stop the widespread adoption of Native American children by off-

reservation, non-l ndian people,

6. Despite effotis to stop the OUMOWof Native American children from their tribal

communities, the number of children in placement by 25% during

the first half of the decade of the 1980s.

7. The people who we naturally go to for help when we are in crisis are called

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True or False

8. Wraparound is a new way of working with families that replaces the current Child

Welfare system.

Q True

o False

9. Wraparound is a program.

Q True

a False

10. Wraparound is a response to the alarming number of Native American children

being removed from their tribal communities.

a True

q False

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Session Two

If you always do what you have always done...

. you will always get what you have always gotten.

A. Ground rules

B, Competencies

C. What do we do with Hugh?

D. Barriers and obstacles

Wraparound or System of Care?

A. Principles of a system of care

B. How the wraparound process works

Wraparound Partners

A. Care Coordinator

B. Child and Family Support Team

C. Wraparound Review Intake Team

D, Community Team

Conclusion

A. Group discussion

B. Self-test

Care Coordinators will be able to identify strengths and weaknesses in the current

systems.

Care Coordinators will be able to differentiate a system of care from the wraparound

process.

Care Coordinators will be able to identify Children with Complex Needs (SED).

Care coordinators will understand the roles of the Child and Family Support Team

(CFST), the Wraparound Review Intake Team (WRIT) and the community team.

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What do we do with Hugh?

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Hugh is a 14-year-old boy who has been a pretty good kid - up until the last year and a

half, that is. Since that time, Hugh has been disruptive in school and has been

suspended twice. The principal has said that he has one more chance to “fly right” or

he will be expelled. Although Hugh has a learning disability and sometimes has

difficulties in his classes, he has generally liked school because he is a very social

person.

Hugh has also been getting into trouble with the law. He has been partying with his

buddies and, a couple of months ago, was caught breaking into a car and trying to steal

some CDs. This was his second offense but the law enforcement went easy on him

since he was with some boys who are known “ring-leaders” in crime sprees. Each time

he was caught, Hugh was very intoxicated.

Hugh’s parents are being investigated for child neglect for lack of supervision. They

were at the casino playing nickels each time Hugh was caught by law enforcement.

They said he was supposed to be home studying because of his low grades.

Hugh has been depressed a lot because of all the trouble he has been in. Lately, he’s

been talking about how the world would be a better place without him and how nobody

would care if he died. Two of his friends committed suicide last year.

Your task is to figure out what to do with this child who has been referred to you. As a

group, assume your character and complete the scenario with your description of what

you will do with Hugh.

You will need to appoint a recorder to write your scenario

and a reporter who will report back to the whole group.

You will have five minutes to complete this exercise.

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Principles of a System of Care

/ Individualized plans of care

~ Community Based

~ Unconditional Care

~ Least-restrictive Natural Environment

~ Comprehensive Family Involvement

~ Integrated Services

~ Flexible as Needs Change

~ Early Identification

/ Transition to Adult Services

/ Family and child Rights Protected

~ Responsive to Family Culture

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~ Community Based

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~ Strengths Based

~ Culturally Competent

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~ Team Driven

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~ Flexible Funding

~ Balance of Professional and Natural Supports

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~ Unconditional Care

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~ Collaboration

~ Outcomes measured

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Elements of Wraparound

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Care Coordinator

Wraparound PaRners

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Child and Family Support Team (CFST)

Wraparound Review Intake Team ~RIT)

Community Team

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Notes

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Session Two: Self-test

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Multi~le choice

1. A major barrier to effective sewice for children in the current delivery system is:

a. categorical funding

b. efireme funding

c. too many sewice providers

d. not enough service providers

2. The team made up of the four to ten people who know the family best is called the:

a. Wraparound Review Intake Team

b. Community Team

C. Child and Family Review Team

d. Child and Family Support Team

3, Which of the following options would most likely be considered an option for a

needs-driven plan rather than a sewice-driven plan:

a. Clayton will attend parenting classes

b. Jeremy will attend anger management classes

c. Jeremy will begin singing with his uncle’s drum group so he can learn his Native

language

d. Clayton will be committed to a residential treatment center that uses the Red

Road approach to treatment

4. Which of the following functions is NOT a function of the WRIT:

a. To review applicants for enrollment and disenrollment.

b. To disallow plans of care they do not agree with.

c. To review plans of care for best practice.

d. To assist with critical incident reports.

Short answer

5. A system of care is a and wraparound is a

6. No more than 0/0 of a Child and Family Support Team should consist

of professional sewice providers.

7. A system of care promotes -driven work.

True or False

8. A community team should be made up of a critical group of concerned

individuals and organizations and should have broad representation from the

community.

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o True

o False

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9. A Care Coordinator is the same as a Case Manager

a True

o False

10. The purpose of the CFST is to help the family find professional sewices that

would be good for them.

Q True

o False

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Session ThreeWraparound in Action: The Sacred Child Model OverviewA. Ground rulesB. CompetenciesWraparound ModelA. IntroductionB. Players in the processC. Phase 1: Pre-enrollmentD. Phase 11:WraparoundE. Phase Ill: On-going wraparound and exitConclusionA. Group discussionB. Self-testCare Coordinators will understand and implement the Sacred Child model ofwraparound.Care Coordinators will become familiar with the elements of the forms used inwraparound.Care Coordinators will be able to identify the key players in the process.

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To Phase II

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8.Data Coordinator notifiesfamilyofacceptance/denial Form(SC-4)c u 7.WRIT meets to:Review childenrollment -Complete Form SC-12I I eo 6.I Data Coordinator sends WRITI meetingnotices

Phase 1:

Pre-enrollment

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1.Complete Release of Information Form (SC-1 )20 Selfo Family. Agency o 2.CompleteReferral Form(SC-2)2 0 3.Form SC-2forwarded to DataCoordinator do 4,Care Coordinator andParent Coordinator:-Conduct home visit-Do Family History-Do WraparoundOvemiewo-CompleteForm5.(SC-3)Informationfo~ardedtoWRITd 23

To Phase Ill

.................?

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~“ CFST reviews ‘.,,

POC and ~

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resubmits to :

Care .

...., Coordinator .,.’

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.... . ............... ,.....’’””’

-..—’-- ...... ........- , ~ .,.......

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Care ‘“...,,,

Coordinator

j sets up follow-up \

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meetings, j

If necessa~ / “~..

“’......

........... ,,...

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,..........’’’’ ”’””’’ ................... ,,,.,..

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If there are “’.$.[ questions or POC ‘:.: is incomplete, Data ‘:Coordinator j /f’Poc is1 ....NotifiesCare:complete Coordinator .~; and ..... acceptable, .,.,., ,,, .....”’I............”’Gotos~ep 180f A Pfrase ///.

I Parents/guardians

Phase 11:

Wraparound

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9.If accepted,family meets withCoordinators

1 ~ ~aac~dinator

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Poe;

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If POC acceptable,

WRIT signs original

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10.Intake Process-Form SC-5-9-Identify FST members(sC-lo)-Decide FST meetingtime/place

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Coordinator

completes

Poc

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Phase Ill:

On-going Wraparound and Exit

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-Child/family voluntarily

leave project

-Child/Family reached ~

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goals in POC-Child/family feelE/

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22.WRIT review fordi;enrollmentAssists in determiningchild and family progressw/wraparound process

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18.If POC is complete andacceptable, DataCoordinator Submits toQ&A Coordinator andenters coding for POC intoevaluation information. 2n19.Care/DataCoordinator:-ReviewsfirstPOC-Follow-upPOC/outcomes-Getsignatures -Set schedule w/mentors,w

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21.Successive POCs.Ufe domains maychange-CFST may change

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Family Code#

SACRED CHILD PROJECT

LOCATION:

WLEASE OF INFO~ATION AUTHOWZATION

All matters concerning member records at the Sacred Child Project are considered privileged and

confidential, and are treated as such by the employees of the division. Information regarding

such matters cannot be given without the consent of the community member.

This authorization grants the Sacred Child Project permission to:

Receive information.

Release information.

To/from:

Address Phone#

As maybe necessary in the assessment antior treatment ofi

Name of Child:

The specific information to be releasetireceived: (Example: medical records,psychological testing, tEP, etc.)

The purpose of this release is:

This content is to release information maybe revoked by me at any time except,to the extent that

action has already been taken, based upon the original authorization.

Unless revoked, this consent will expire:

(List condition, event, or date of expiration.)

ParentiGuardian Signature: Date:

Witness Siaqature: Date:

(Form SCI, Rev. 2/99)

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SACRED CHILD PROJECT

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CHILD WFE~L FO~

Child’s Name:

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B!flh Date: ~ Age: / Gender M F \ Date Referred:

Type of Referral: Self Family Agency Other

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PERSON MAMNG ~FERRAL:Name: I Phone number A. Agency (If applicable):B. Relationship to child: iPA~NT OR GUARUIANName:Address: I Relationship:City: I State: [ Zip: ] Phone:Residence (if different from above): I Phone:1. Reason for referral:2. Is the child at risk ofi a. being removed from the home? Yes Nob. Being removed from the community?3. The child is about to re-enter the cmmnuni~ from a swcmred environment. Yes No .4, The family has requested the remm of the child and needs a crisis plan. Yes NoS. The family is ready to “give up” on the child. Yes No6. Behaviors and risks that concern YOU:I 7. What is the child’s living arrangement?8. What do you believe the child needs from the Sacred Child Project?9. Are you aware if this child is involved in any of the following systems?() Juvenile Justice ( ) Substance Abuse Treatmer.t) Coun ( ) Child Welfare( ) Special Education ( ) Mental Healthi) Other, explain:Parent Signamre: Date:Project Staff Signature: Date:*Retom Completed Refemal Form to Data Coordinator:Name of Data Coordinator LocatiotiSewice Area Phone and Fax Number(Fomr SC2 Rev. 2/99)

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SACRED CHILD PROJECT

LOCATION: FAMILY CODE:

ELIGIBILITY CRITERI~QU~MENTS FOR REFERRALS

ELIGIBILITY CRITERJA

1. Age

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Eligibility is limited to children and

adolescents under 22 years of age

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and their families,

2. Diagnosis

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Client eligibility requires the presenceof an emotional, behavioral, or mentaldisorder diagnosable under DSM-fV

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or their ICD-9-CM equivalents, or

subsequent revisions (with the exception

of DSM-fV “W codes, substance use

d

disorders and developmental disorders,

unless they co-occur with another

diagnosable serious emotional disturbance.)

b Disability

Client eligibility should be defined on the

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basis of degree or level of functioning.Inability to perfom in the family, school,arrtior community is the basic factor, whichBdeterminestheneedforservices.

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Multi-Agency Need

The level of disability defined by site

should require multi-agency intervention.

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The children and adolescents for whom the

Comprehensive Community Mental Health

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program must have service needs involving

NO or more community agencies, such as

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mental health, substance abuse, health,

education, juvenile justice, or child welfare.

SACRED CHILD fNTERPWTATION

1. Age

Is this child be~een the age of 1-22 years old?

2. Dia~osis

If this child was assessed by an MSW or a Psycho-

logist, would he/she qualify under DSM-IV or ICD-

9-CM (with the exception of DSM-fV”V” code.)

* See DSM-JV Primary Care Manual for further

clarification.

Is the child exhibiting emotional, behavioral or

mental problems?

3. Disability

Is the child in danger of being sent out of the home

or the community due to his~er behavior or

functioning?

OR

Is the child being returned (transitional) back into

the community because they were moved from the

home or community due to their behavior/level of

functioning as related to the DSM-IV Primary Care

Manual

4. Multi-Agency Need

Is the child in NO or more systems due to his~er

own behavior?

mot because of the parent or guardians behavior.)

Systems include education, child welfare, mental

and physical health, juvenile justice, law enforce-

ment, and substance abuse.

(Fore SC3 I of 2 Rev. 2199)

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ge 2. Eligibility Criteria

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Duration and Level of ktensity

Disability must be present for at least one

year or, on the basis of diagnosis and

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intensity, be expected to last more than

one vear.

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5. Duration and Level of Intensity Has the child’s behavior (identified under the DSM-N Primary Care Manual) been present for 12 mos.or more, or based on the level of his~er functioningat the risk of being removed from the home/community in the next 12 months.

&ROLLED: DATE OF ENROLLMENT: NOT ENROLLED:

F

MMENTS:

P

OT ENROLLED: DATE

WHY?

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OMMENTS:

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(Fore SC3 P2 of 2 Rev. 299)

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SACRED CHILD PROJECT

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Location: Family Code #

ENROLLMENT

Date:

Dear

NAME OF PARENT/GUARDIAN ANDIOR REFERSUNG AGENCY

Your sotidaughter

NAME OF CHILD

has been enrolled and meets all required criteria for the Sacred Child Project

has not been enrolled (does not meet criteria for emollment into the Sacred Child

Project).

Meets required criteria for Sacred Child Project and has been put on the waiting

list due to lack of available openings. Approximate date of next available opening

is

DATE

lfyou have any questions or concerns regarding this decision, feel free to contact the

Administrative office at (701) 255-3285 ext. 385.

Sincerely,

WNT Chairperson Date

(Fore SC4 Z99)

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Fatily Code #

SACMD CHILD PROJECT

LOCATION:

fNTN FORM

A. Social Security #

~,m of Ch,ld (,,icmed)

B. Father’sName Mothers Name: Guardian’s Name

C. Address: Address Address:

D. Phone: Phone: Phone:

E. Tribe Tribe: Tribe:

Relationship to Child:

F, Medicaid eligible: _Yes _No Medicaid #

Please list all children living in your home:

Biflh Where they Where Social

Name Relationship Age Date live Emolled security #

1. What are the main concerns you feel the Sacred Child Project can help you with?

2. List the names, ages, and relationship of people who live in your home besides your children:

M & ~LATIONSHP

(Fore SC5 I of2, Rev, U99)

3. List the names, ages, and relationship of people who sometimes live in your home:

w & mLATIONSHW

4. List existing medical conditions of family members:

5. List existing physical disabilities, learning disabilities, antior special needs of family members:

6. List any developmental, educational, or psychological evaluations that your children or other family

members have taken:

1 I

7. List any medications that either you or your children take: (allergies?)

8. Is any family member currently receiving mental health services (at health center or school)?

9. Have you taken any parenting or other classes about families and children? Yes _ No

10. Please circle the most convenient day and time for Sacred Child staff to visit?

Nlonday Tuesday Wednesday Thursday

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Friday

AM PM

Fom SC5 2 of2, Rev. 299

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Family Code #

SACRED CHILD PROJECT

LOCATION:

YOUR WGHTS AS A PROJECT PARTICIPANT

As a participant in the Sacred Child Project, you have rights. They are summarized below.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

You have the right to be treated with dignity and respect in all contacts with the Sacred Child

Project.

You have the right to receive resources and support in accordance with your needs; and if you

have concerns, discuss them with either the staff person working \vith you or the local Sacred

Child staff. (A copy of the Sacred Child Grievance Procedure is available upon request.)

You have the right to participate in deciding how the Sacred Child Project can be of assistance

to you.

If you are a minor child, you have the right to be told the troth, to be treated with respect, and

when appropriate, to be included in any decision making that would affect your own life.

You have the right to have access to your family suppofl plan and records.

You have the right to be informed of and refereed to appropriate resources as needed.

You have the right that all information about the plan provided to you is kept confidential,

except as limited by law or regulation

I have read and understand my rights with the Sacred Child staff assigned to my family. I have

received a copy of the Sacred Child Policy on Confidentiality.

Family Member: Date:

Sacred Child Personnel: Date:

(FomSC6,Rev. 2/99)

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Fatily Code #

SACRED CHILD PROJECT

LOCATION:

PA~NTAL CONSENT FO~

(To be signed by parerrtiguardian for child under age of 18)

I, , hereby grant permission to United Tribes Technical

College, Sacred Child Project, to provide resources and support to:

Chil&children Date(s) of Birth

for whom I am legally responsible. This consent is in effect from

(Date of kt&e)

until ParentiGuardian chooses to withdraw from the Sacred Child Project.

Signature: Date:

ParentiLegal Guardian

Signature: Date:

Signature of Witness

(Fore SC7, Rev. U99)

Family Code #

SACRED CHILD PROJECT

I LOCATION:

S

INFO~[ED CONSENT TO PLAN OF CAM AND WRAP.IROUND PROCESS

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The Sacred Child Project offers professional and confidential support and resources forchildren and their families. Because of the sensitive nature of their needs, it is important for you tounderstand the manner in which your information will be handled by this project.In general, the confidentiality of all communications made between you and the Sacred Childstaff is protected by law and can only be released with your written permission. However, there arecertain exceptions. First, State and Federal laws require the repofiing of suspected abuse/neglect of a“dependent adult” or child to the local tribal child protection agency or tribal social services. Second,information may be released, if necessary to protect human life in a psychiatric emergency. Third,information must be released if a judge issues a court order for the information. Last, YOU may, release confidential information to whomever you choose, unless the release of that information would proveharmful to you.The clear intent of these requirements to release information is to ensure that the Sacred Childstaffer providers act ethically and responsibly to protect endangered individuals from harm, when inhisher professional judgment such danger exists. Fortunately, these situations tend to be rare, and ifsuch a situation should arise, the Sacred Child staff will make every effort to fully discuss thesematters with you before taking any action, unless there is good reason.All Sacred Child personnel are required to keep appropriate records. The records are kept undera double lock system and the records are available only to Sacred Child personnel and professionalstaff whom you have selected to be on your ChilWamily Support Team and other providers you deemnecessary. Ifa third pafiy reimbursement is available, this reimbursement \vill be sought unless youspecifically deny collection from this source. Typically, insurance companies require a clinicaldiagnosis, dates of treatment, and length of session.In addition to having read and understood the above to my satisfaction, I affirm that I have beeninformed of andor have read a summary of my rights as a consumer of substance abuse treatment,antior mental health semices. I have been informed of the potential risks and benefits of participatingin such evaluation or treatment. (A copy of the SC Grievance Procedure is available upon request.)1 hereby request and authorize the professionals of the United Tribes Sacred Child Project to provideconsultation, resources, and support as identified in the Plan of Care to me or my dependent.m Participant Signature: Date:ParentiGuardian Siqature: Date:1 Witness Signature: Date:(Fore SC8, Rev. V99)35

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SACWD CHILD PROJECT

LOCATION:

STATEMENT OF CONFIDENTIALITY

If you or your family participate in the Sacred Child Project and that activity concerned issues of

alcohol or drug abuse, your case record is protected by Federal laws md regulations. hformation about

you can not be given to anyone unless:

1) The client gives permission in writing to the Sacred Child Project;

2) The disclosure is required by a court order;

3) The disclosure is made to medical personnel in a medical emergency, or to qualified personnel

for research, audit, or program evaluation; or

4) The information is given in connected with reported child abuse or neglect.

Violation of Federal law and regulations by a program is a crime. Suspected violations maybe

reported to appropriate authorities in accordance with Federal regulations.

Federal laws and regulations do not protect any infomration about a crime committed by a client either

at the program or against any person who works for the program or about any threats to commit such a

crime,

Federal laws and regulations do not protect any information about suspected child abuse or neg[ect

from being reported under State and Tribal laws to appropriate State and local authorities.

(See 42 U.S.C. 290dd-3, and 42 U.S.C. 290ee-3 for Federal laws, and 42.CFR Part 11for Federal

Regulations.)

ParentiGuardian Signature: Date:

Sacred Child Persormel: Date:

(Fore S0, Rev. ~9)

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9

SACMD CHILD PROJECT

IDENTIFICATION OF CHILD AND FAMILY TEAM MEMBERS

Instructions for Completion

Please write the family name on the form, and add your initials and the date you

completed the form. The fom is a 19-point questionnaire that you fill out by talking

with the parent(s) and noting their responses on the form If more than one parent

wants to answer the questionnaire, use more than one form. Use additional paper if

responses are too long to note on the form.

fiowledge of tribal customs, culture and rituals of the family you are working with will

assist you in your approach to complete this questionnaire. The parent or guardian may

initially be uncomfortable answering the questions. As a result, your interactions with

the family may be difficult. The Family Strengths, Culture, and hformal Assets

Discovery will help you have the information that you need to have an effective,

individualized wraparound plan, so it is impofiant that you acquire this information. If

you find you are having difficulty completing the form, try a different approach such as

informal conversations, telling stories etc.

If your family member is reluctant to answer questions, we recommend that you

achowledee to them that you are going to ask some verv different questions in order to

find out informa~ion that can help them achieve their goals in a more effective way.

Inform them that the purpose of this questioMaire is to explore some of the positive

things they do that work, what they prefer about their culture, and about the resources

they have. The answers provided will assist the Sacred Child Project staff in

developing a wraparound plan of care,

If the parent has trouble answering questions, use examples, prompts, or just move onto

the next question if you have to. Try to come back to unanswered questions.

Feel free to use examples from your own life if it will help them understand the

question better, For example, if a parent did not understand Question #7 (My best

qualities as a parent are., .), you might want to name what you think is your best quality

as a parent (if you are a parent).

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The questions are largely self-explanatory, but you may need to prompt parents, depending on theirunderstanding of the questions, and wiliin~ess to work with you.

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Prompts for specific questions: the following are potential prompts to the parent you may want to use

if they have trouble answering the questions.

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#6 Tbe best times we have had as a family are: Ask them to think of favorite memories of

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celebrations, vacations, events or activities; to think of when times have been the best,

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and what that was like.

(Fore SCIO i of5, Rev, 2/99)

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37

#8

Name some special rules that your family has: This question is looking for family

culture: how does the family operate. Ask about bedtimes, meal rules, dress, behavior,

etc.

#9 Who are persons you call when you need help, want to talk, or who you have turned to

in the past for support: Look for professionals as well as fiends and family, or other

community persons such as faith community leaders, natural suppotis, etc.

#11 What are traditions that your family has, or cultural events in which your family

participates? This is another question looking for evidence of family culture, as well as

culture related to race or religion, or ethnic factors. Ask how they celebrate Christmas

or other holidays; if the family like a paflicular type of music, afi, food; if they have

specific rituals for when someone is married or someone dies. Ask if there are

traditions or events relating to spirituality, gender or roles of family members; how they

harrdle birthdays and holidays, “giveaways”, or other tribal events.

#12 If you were to tell about the most important thing you learned from your parents or

other relatives, what would it be? This question discovers core values that can be

woven into wraparound plans. For example, a person may reply “My grandmother

taught me to !ook out for others”, or “My dad was a minister. He showed me to believe

in God and everything would be OK.” If the parent has trouble thinking of something,

t~ asking them if they can think of one thing they learned from their parents (good or

bad). You can also follow up these questions by asking parents who were their primary

teachers.

#13 What religion does your family belong to? What do you think about being a member of

this religion? h what way? This question is not meant in any way to try to encourage a

family to be pan ofa ptiicular faith. Instead, the primary purpose of the question is to

find informal resources that are important to the family.

Reframing. Sometimes, families with very complex needs, immediate strengths may be hard to

discover, or hard for the family to talk about. The care coordinator may then have to reframe family

behaviors to locate strengths. Reframing takes what maybe seen as a deficit and turns it into a

strength.

Reframing is a way to stop calling names, and insert some hope into who we have often Iabeled as the

hopeless. By calling a family dysfunctional, we ignore all of the other aspects of the family, and most

importantly, we may lose their willingness to patiner with us. By reco~izing the good in people, we

avoid the separation that comes from labeling, and begin to see children and families in different and

more positive ways. Of course, we don’t want to carry reframing so far that we then ignore dangerous

situations.

(Fore SCIO 2 of5, Rev. ~9)

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Family Code #

SACWD CHILD PROJECT

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LOCATION:

IDENTIFICATION OF CHILD AND FAMILY TEAM MEMBERS

3

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Strengths, Culture, Informal Assets Discovery Name of Family: I Date completedInitials:Note the parentiguardian who responded to the following questions:1. The ttings I like most about my child(ren) are:

m

2. My life would be better six months from now ifi

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a-

3. My child(ren’s) life would really be better six months from now it

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\ 4. The most important thing I have ever done is:

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j, I am happiest when:

II 6. The best times we have had as a family are:

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7. My best qualities as a parent are:

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8. Name some special rules that your family has about bedtime, dress, etc.

! (Fore SCIO 3 of 5, Rev. 2/99)

39

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FAMILY CODE #

Strengths, Culture, Informal Assets Discovery

9. Who are the persons you call when you need help, want to talk, or whom you have turned to in the

pasi for support?

10. What activities does your family enjoy?

11. What are some traditions that your family has, or cultural events that your family patiicipates in?

12. If you were to tell about the most important thing you learned horn your parent or other relative,

what would it be?

13. What religion does your family belong to? What do you think about being a member of this

religion? Is there anyone in the church you might want at the meeting?

14,a. Do you believe in any type of Native tierican religion? (If Yes) Is there a person who you

respect that you would like to be on your team? (If no) Are you interested in learning more about

it? If so, wha[ person or beliefl (i.e., Native berican Church, sundance, sweats, others)

(Fom SCIO 4 of 5, Rev. 21W)

40

#

FAMILY CODE #

Strengths, Culture, Informal Assets Discovery

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14.b. (If the family is Mand~idatsa.) Do you have a clan? What is the name? Do you know your

clan fathers and aunts (father’s clan)? Do you have a clan relative that you tmst to ask that you

would want on you team for suppofl?

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14.c. Does your child have a clan father(s) or aunt(s) that he has a good relationship with? 1s there a

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clan relative you would wan[ to suppofl your child?

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I 15. Who do you trust at your child’s school? What have they done that has been most helpful? Do you want this person on your team?

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16. Does your son or daughter have friends who they listen to? Could that person be on the team? Does

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your child turn to the parents of any friends for advice and would they be helpful?

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17. What is the best time of day for you to meet? (Evenings are OK, too.)

II

18. Is a weekday or a weekend better for you to meet?

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19. Where would you feel comfofiable for the family meeting?

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(Fore SCIO 5 of5, Rev V99)

41

SACWD CHILD PROJECT

FAMILY CODE #

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Sacred Child Project Confidentiality Policy (42-cFR-Pan II) Professional visitors, volunteers and interns

POLICY

All professional visitors, volunteers, trainees, and interns, which includes all members of the Sacred

Child “Wraparound fntake Terns (WT)” or any other capacity; shall keep confidential

infomration which is gained though association with the Sacred Child Project regarding children

and families in said Project.

PROCEDU~S

While affiliated with the UTTC Sacred Child Project, persons described above will gain

infornration about children and families who emoll in the Sacred Child Project. Confidentiality

must be strictly adhered to. This includes the following points:

0 Do not discuss information with people not on the WWT or CFST team or who do not

have a “need to know” or are not covered under the MOA association.

. These stipulations will remain in effect after the child and the family is no longer

enrolled in the Sacred Child Project.

o Do not disclose names of people who a[e cunently in or emolled in the Sacred Child

Project

It is vitally important to the children and families that information be closely guarded. Each person

is responsible to ensure privacy of confidential information.

In the event legal action is taken against the Project for breach of confidentiality, the offending

person will be liable under the law.

Violations of this policy will result in immediate termination of.affiliation with the Sacred Child

Project and a written repofi will be kept in the files of the Sacred Child Project.

I have read the above confidentiality policy and I understand that violation of this policy will result

in immediate termination of my affiliation with the Sacred Child Project.

Acknowledgement:

M PROGWM/PROJECT & POSITION m

(Fore SC 12)

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SACRED CHILD PROJECT

DISENROLLMENT FORM

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LOCATION: Date Enrolled:

Child’s Name~umber:

Birth Date Age Gender: _Male _Female

Date of Initial Disenrollment Discussion and Outcomes to Attain:

Outcomes and dates of attainment:

Disenrollment Date:[~ontwdavt”ez~~

REASONS FOR DISENROLLMENT:( Checkone and wite additional infomtion in Comen[s sectionbelow.)

bfi the area Accomplished goals, support established

Family withdrew die to dissatisfaction Family withdrew for personal reasons

with Wraparound. Why?

FURTHER COMMENTS:

A. What are some positive outcomes that occurred because of Wraparound?

B. What are some things that the Sacred Child Project can do to improve?

APPROVED:

Name of Child (if age appropriate) Dare Assigned Care Coordinator Dare

ParentiGuardian Date WRfT Chairperson Date

(Fore SC14)

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Notes

45

b

Session Three: Self-test

Multiple choice

1,

2.

3.

4.

Which of the following is NOT a reason for disenrollment in wraparound:

a. If the child and family move out of the area

b. If the child and family leave voluntarily

c. If the child and family are empowered to provide their own support

d. If the child and family resist any professionals on their CFST

The Care Coordinator should submit progress reports on a

basis.

a. daily

b. weekly

c. monthly

d. quarterly

The value of “voice and choice” means that:

a. families can voice their objections to the plan and choose not to do it.

b. families have a voice in the process, they drive the plan, and they have a

choice of options.

c. professionals have a voice in planning, they drive the plan, and allow the

family a choice in options.

d. the Child and Family Support team has a voice in planning, they drive the

plan and allow the family a choice in options.

At each meetino. the Care Coordinator will oive a coDv of the Dlan of care to

all CFST mem~ers in attendance. Howev~r, the o~l~ people who need to

retain a copy should be the Care Coordinator, the parent and the:

a. professional staff team members who may use the plan

b. substance abuse counselor

c. spiritual leader

d. mental health worker

Short answer

5, It is important that trust be developed and maintained with families and

children in wraparound. One way to do this is to respect the rule of

6. A plan of care must be and at the

end of the CFST meeting.

7. When writing plans of care, it is important that the Care Coordinator focus

on facilitating the process. Therefore, it is helpful to have an official

, such as a child, parent or CFST member.

46

B

True or False

8. An experienced Care Coordinator should not have more than ten (10) families

to work with at any given time.

o True

o False

9. A release of information form is a critical first step in the process

o True

o False

10. The overall goal of wraparound is to create a dependency on the CFST and

the plans of care.

o True

o False

47

.

-------”-lm

.NativeAmerican Family

Continuity as Re~istance

The Indian Child Welfare Act as Legitimation

for an Effective Social work Practice

EMMA R. GROSS

Univct$ily of Utd$ USA

Ovemiew of Native American PolicyHlsto~ - Conflist and

Continuity in Ametican Indian Affairs

me Mtow of NativeAmeria (heria Intim) relatiom tifh fhe EUOPMS

who alotied the United Stat= tier 1492 has hen efiemively dmcnted

lwlmmul>lamlzs 31

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,mof$mmotim - - - - ~- -

Lw D. (2~) S& Work Prati ad People ofColon,A Procus-rmge Appmmh. Behont, W BmW&le ~b~tig.tie, N. O. (1974).~e World,s Dld=t On-gobg Rolest Demommation Norfbherim hdm Dtig Pat-m’, h N. HudJey (d) % titim ldti,PP. 5%76.Smti.Bmbxa, ~ Cfio Bwk,May,P, A. md Dmmg, L. H. (1974).h Shorn,J, H. Pvchtim’c - 4(9)Novemkr, pp. %9.Napoti, M. (1~) ‘htemive Homebmedmd WeheS Sewimx Native ti=ria ‘Fdes 0. Ruemtio= A Mtie~, F& h So&V: ~ Jo”& of CO”le~OrqH-” S.wi.- ~ 31524.Native tieri~. Trdtig Imtitute (NATJ)(1999.) 4WeUve Here b OU Homelm&Wrapmud on a Native beti- R~mation,, mpub~ed dwment Qnter forMenti Hedti SeMWs,bcriwn Imtitutm for Rweard.Nom.., D. G. (1993)‘Dive&i~,tily S~tiom md Tem~rd DeYelopmenti~eDual Pem~ctive Revkite&, Soctil Wo,k 38(1) (Jan”~} ww,Pemati, L (1993),Etiic timdownew tid Native Amerimn Empwe~ent A tiStudy of Voiw md Resbtiw’. Unpubhbed ti-tion, Utivenity of bfitignShkihyk, A, M. (1~). A Pohon Stionger T6m bvc; ~c Destwcrio” ofm OjtiwayComiV. NewHaven, ~ Yde Uti.eBity R=.Sptidler, 0. D. and L. S. (1W8)‘Identity,WMW md ~tud ~~e”cc meMe”tie. md ffimtiz, AAPSS Ati 436(Mti) 7W.Svemon, F. (1975)‘-age as tdeolo~ Tbe berimn In&m ~;. AmetimC“lwe and Rs<a~h Ioh 2%35.Ttii, R. (1993)A Diflcrcnl Mtiror: A HMOV ofMdtimal Am,ud. NewYork Litie,Brow.~omlon, R. (1987)Amti Ititi Ho/o_t A S~{v& A Pop-n Hkm~,Since 1492. No-, OR UtivemiV of OkJ&om.Trolader, J, A. (lM) cfigbtig Rausm md Setism: ~e ~m~ on Md WorkEdumtion’, Sock! Scwue Review 71 (Mwh): ll&34.Un8er, S., ed. (lW) % Dmmctin ofherico” J“dti Fmiiis. New YorkAstiation on beriw hdim Aff*.Vm Womer, K, (1997)SOCti[Welfare:A WoAd Bew, CJdmgo, ~ Nekon.Hdl,VW, R. W., Doutie, V., LitffeSoldier, A. md W, G. (1999)CTdbdmd Sbmtic.B-cd Swid Work ~acti- A Mom Pempctive,, SOCM Wo,k 44(3) (May] W1,WU R and Tbomm, R. K. (1971)‘Amerimnkdms md ~te People,. Rqrint No.42, tinter for tie Smdyof Mgmt md tidim ~u~tio%W-temeyer, J. (1974) ‘The Dm&en Indian: M@s md Retities,, Psychiamc A-k4(11~2%36.44

Journalof Socialwork 3(1)

md inte~reted. Afthougb authom often differ in the tetiology by which they

charactetie Indim-non-hdim relatiom, there * nOmbleapeement abut ~ek

natm. h w title I w attempt to showhow tie ~tOv.Of N~v~On-Native

relations enablesusto udemtmd how the enactment md tiplementation of the

Indim CWd Welfare Act (I~A), prosed h 1978 by the Utited Stit= tinwess,

is m exmple of how kdian faodO= have su-eded ti ~mevering d~pite 350

yem of politiml maltreatment. In fact, the IWA WM a victow for Native

~eria tibes bemuse it was titended to mm~”sate for tie sptematic

attempt by non-lndian interests to replam the utique Indim cultws tith

mother identity that would h wtite, Ctitim md Mdde<b. ~w, the

Ori@al htention of non-hdim pohtim totiarda the Indims, aptidy after the

colonist era, was to fortibly wtilate Native Amerias by remotig them to

rmewatiom md stippkg them of theu culwd practim ,ad tife waya. A key

aspect of this strategy W= to take kdian children from their famties h order to

edumte them m non-hdian boartig whmls, tiions md f-m, thus re-

stialiring them h non-Indim ways. The I~A is proof that the forced asti-

Iation stiategy did not work.

Indim resistance to the threat of losing &eu identities waa titially @ta~.

After 18W the tribes continued to resistr but passively, by sfiply retiing to

forfeit their cultures. Some of the ways k which kdiaoa mntiue to h ptished

for holdhg out include delayed msistmm tith emnomic development projects

that might enable tribes to become seti-stidenq legal md potiti=l obstacles

to land’ use, restoration md development md the tiadequate tiding of

progrm to which Indians are entitled through the bust relationship.

A significant explmation’for the suus ofhdim rmiahw ia protided by

multi-generational trauma and ~ef theory (Bravehe~ Jordan and DeBruyn,

199> Fogeha& lW& Thornton, 1987). ~s theo~ also protides pempective

on undemanding why .Native betiws chose Fmktent POve~, rn~ au Of

ita attendant comequencw, over cooperation when givtig h to demm& for

a~itiltion tight have led to at-g a middle+l.= prmpriti much s~ner.

Akin to anomie depression, multi-generational tiama is ‘a psyctic, psycho

physiolo~ml md behavior syntiome chmctetied by dysphoric feetfigs ~d

efisientid frustration, discouragement, defeat, and lowered self-esteem’

(fileck, 1974 17). Ulthately, multi-generational tiauma results h somaticked

or iggessive beharior directed agtist seMor b io ,acfi hig~y deri~t fiOm

tiad!tional norms (Shkitnyk, 1985).

Along the same lties, it h= also been pointed out that the disproportion-

ately high rates of Indian suicide area fuction of smial disorgatiation due to

cultural conflict that is rwted h the resktmce of lndim to givbg up thek

~que identities (May and Dtiang, 1974 28). Sbilarly, Indim d-kem~s

w be understood as a function of hiitoriml trama. fo this sense, the desue

to enhmti feelings of well.behg md, vtidate kdimms are *O wociated

with the politically induced trauma of forced assimilation (Westemeyer, 1W4

31; Lwie, 1974). Overall, these imighk tie veq helpful, not h condetig

GroS Native ~edmn Famify cOntinui~ as Re~i~tan~e

Native heriw who me the legatees of the wauma, but for udemtudhg

why tiitd malkeatment aod fdy violenm have kmme co-onplaci o“ the

rmematiom tid bow thm tienh tight be ,evemed.

~e mtiti-generationd pempective is fwhemore a wehl aafjtiml tool

for udemtmdtig presentday Indian affaim k~me it enables us to see how

extreme poverty k the basic in~edient of Native ~ericm resistance, of a

profowd rejectiop of non- fndian cultue and society. In fact, by retising to

&mme =tilated, md by the she token, m we shW see, chooshg to become

poor, Native ~erican Uaditionti comutities have mmaged to sutive jwt

long e“ougb to && to experien= a reversal of their fortunes. To ttis end,

pofiti= that at fimt appeared to protie the detise of Native herimn popu.

latiom - ~pcitiy regardieg the forced isolation and containment of Natives

on resematiom - have actdy worked to protide a geo~phid baaia, as’weU

as an existential space, tiorn which to conthue resisthg until so~ereign powem

shodd on= agab amue to &em, .

Critim of Nativ~on-Native relatiom have typidy denomud the mntads

of the colotid period (162W1776) h the no fieastern Utited StatM w the tit

of numero~ d~ coticte wtich dtiately led to the mnquest, formal

=stiation, exploitation md even gentide. Ftier, both titi~ ad apolo-

gisb of Nativ-on-Native rebtiom tend to tieti th=e tragic developmentss

hatig bwn more or less ketiable, given the ‘mtiest destiny> tiperative that

h= ~stOrimUY tiven NoA beri~ sodd development (HOmM~, 1981)..

Pmadofidy, however, uti 1871, Euo~hdian tieati~ were prdimted

on the assmption that both pmties were sovereip n?tion$. It is remarkable

that the tiuen~ exefid on non-lndim poti~&em by tfteti wh&eablc

racism ad theu patent Megianw to the dwtie of mti~t datby, never.

tbele~ made ~xible, through hoti, law and govement, the e:tabhhment of

a fowdation for Native betia cultmal ad, pliti~ mnthuity.

In fact, the foudation laid down over the hkto~ of Intim-non-bdian

relatiom, 8enertiy refereed tos the tit relatiomhip, was sufficiently stiong

that later attempta, in the 188@ md 195@, to fidly do away tith Indim sever-

ei~ty by givbg away the Iaet of the kdia lm&, faifed. A vtiatiti on pwe

sovereiflty, tie ~t relationship gradudly me to de~e the Indim nations

as seti-soverei~, domestic dependent nations and. cmentfy, self-governing

phtid jtisdictiom, dthougb there k’ sdfl mbivalen= ad mbi~ity about

what properly constitutes the proper s~~ of Indian tiibes. This ambivalent

h. beri~n law w=, md still is, also felt in popular ctitwe, fit h lit eratwe,

md then h 8fm. Both media abound b images of Native bticms aa both

‘savage’ and ‘noble’; visiona~ ,md druoken; proud, and yet statistically the

poorest of aft AmerimW (Berkbofer, 197& bwtid, 1999).

Utie the conventional aalyak of Indian titi, however, this ~ew does

not poreay a vcfid d+c that k s@tic. That W,the propaion h kdim-

non-hdim &ti, cbonoto~tiy, hiatori~y, is born the soverei~ty of

nation.stat= (mlotial ~riod) to the qusi-soverei~ty of stat= wittin tic

32 33

——. ———

------ ---

JOumalof SocialWork 3(1)

nation (tie pos~odero ~riod). Tbia distinction k wentid for wdemtidhg

how ad why mntempor~ hdian m~titi~ md WOUP are able to demmd

and sometim succeed ti obtatig the rmtoration of natural r~ow=s, rebg-

nition u tiibes (or ‘entities’ h the langoage of the Bueau of h~m Affati) md

a myriad other righb and privileges that were protied at some tie or mother

h thek fitoq, Remarkably, the political Mue”ce of the more affluent tiks

hm bwome such that they ~e kmemhgfy Nely to rewive m -ative

raponse to their policy demmds tiom federd, state md Id govementa that

formerly exerted unchecked ~wer h denying tbew sme rigb~ (Gross, 1989),

In policy term, this reversal of foflune b kdia” afftis wguably &gan in

1W5, With tbe enactment of legislation aJJowhg for [ndim to choose to be self-

detetig and later, in 1994, to be setf-govemkg Tbu, k the decades shce

the national govement begin givhg greater tieedom and autonomy to the

Indim tribes, it has become bcre~bgly possible to enact legislation that, Jike

the I~A, enables the tibes to pwsue ctimd r~toration m well M &eater

econotic and pfitid power. Tbw, the act aod the vwiou menhenk

additio”auy retie the poht that India pofitid itiuenm hm beeri able to

a~ert ibelf on the America” ‘pohtiml procus. A * be discmsed h geater

detail below, the lWA actually req”ues state government ad other tom]

jurisdictions to defer to Native berimn preferen=s in the disposition of Uses

involtiglndian fmilies, k this sense the I~A is tithout premdent h hdim

law, altbm~ it pua~els polig gtins cuently king made in other arenm of

India*non-Indian cotiict - lmd, water; jtisdictiond righ~.

There is a similar mp~catioh of freedom o~unhg k other mess of

Indian-”on-Indim affaim, although the reader sbotdd be awwe that pofitid

and ewnotic achievement by the India tiibes me typimUy obtahed at peat

fiancid expense to them and tend to 8enerate Iwting mntroversies between

Native and “on-Native gove-enta ad orgtiatioos. Some examples, of

coume, are hunting and fishing ri@B, for example, the huntig of sea mamals,

we whales md sealx 8ming, the establkhment of ~ioos on hdim Im&, or

most recently, the attempt by some tibes to store “uclem wste on thek I=&,

despite the protests of Id govemen~ md entiomentafisk, Nevertheless,

as Stephen tirnell pkass it, ‘the ‘&supertriba l,,consdowes of mntempor~

Indian ~oups is both r~ourm md disposition gou”ds from wtich mobti.

ation is possible [it is] the mpacity to bte~ret iwues ., aa findamenrafly

Indian md to act awordin~y, (ComeU, 1998 146). Stimly, hdim mihtancy

dutig the social movements of people of color. ti the 1* md lW@ h the

United States was only a more overt fo~ of resistmce h the ~i~ of attempt-

k8 to preseme Indian identity (Sptidler md Spindler, 1W8 Ablon, 1964). This

mpacity to interpret issues as fwdmentaffy, or tiquely, Indi~ mntiu~ to

expand Indim political power at afl levels of gove-ent.

It would, however, be tileatig to swtise hom these e~plm that

Indim tiftis me pr~etig smootiy, eqtitably or ftily. Notig, of coume,

codd be further from the truth, hdia” suuesses Me morally as weU m fiteraJJy

34

-----9 99m -

Gross Natie American Family mnti””ify as ffe~i~ta”ce

qu~ed by the fact that Native m~witim ti the United Smtm continue to

experienm &proportionately high rates of aJmhoJim, sticide md uiqloy

ment, m weU u cotict ad dmemion from witi. NevertheI~s, the hdia”

tiibes have been aasting pester contiol over the detiions tit affect their

lives. EvenNaJly, the politid bfluence of the triks may extend to 6ther

matten of health, edumtion md weJfare. timently, however, kdiin tdbes ae

chooshg to give priority to the ptitit of suus ~ mttem related to land,

resoumes md emnotic development, afthougb tbeu evolvement tith India

ctid we~we le@fation imphes that tbek S= io pumukg pliq goals may

eventtiy extend to socid-weMwe titiatives. m weU m to three related to

soverei~ty over lad md rmow-. Most si@mtfy for the p~o% of this

discussion, many tibes me now operatig their own tribal wmti m which the

weffme of Indim children is betig dedded. They me also actively pumuhg

relationships tith lml non-fodim agenties ~ order to obtti geater Indim

tiput kto detiiom about the defive~ of non.hdim wtices to hdia ftilies. ~‘

Optism about the pro~~ k hdi=on-lndiao titim, titim soverei~ty

to seff-Eovement, remah subject to tiprtit quafiffmtion, however. The

Trti of Teas, exempJifyhg m it did the hum coss of the forced ,emov~ of

Eastern beria kdians from mmstial lmda, was merely one of the e~fimt

attempw to rid the fodians of their sovirei~. powers. For most ,of the hkto~

of hdian-non.bdiao pliq, Native tibes. md comtitim have been severely

ptitied for rmktti8 mutilation into the heriw rntimem. Attemp6 to

putish tidiridud hdims ad tri~s for actiom taken on &haff of thek sever.

ei~ty continue, although now Iamuita md tijhctiom mc more Uely thm,

tiJit~ actions. In fad, stiu the Red Power ,movement of the late 196@,

Indim tiibm md national orgatitiom have proved iomewkgty tiuential k

uticulatig md tiposhg theti ow policy preferen=s on non-lndim govem-

menta and orgatitions (Gross, 1989).

Beating ~ the tid-18~s, the federd 8overnment attempted to separate

Indian children from their f~ies tiougb the boardkg.scho61 system, men,

= now, the motivation behind the idea of badkg schools W= to remove

cbiJ&en’ from theu Native culmres so that they might be re-stikd to mii-

swem non-hdia attitudm, hhariors ad mphations (typidly white, tiddle.

class and Ctitim values). Aided md aktted by pwtiel effofi on the pm of

religiow md stial welf~e orgtitions to remove hdiao cbiltien tiougb

adoption md plamment ti non-hdian homes, there ia no doubt that bomdbg

schook contributed si~cmtly to the erosion of hdim cdture and; more

pafimlmly, to the stial disoldtion of fmily fife ~ kdim mmmitim.

Nevetiele=, md by individud hdims’ om adtiion, bomdhg sfiools were

also the most refiable way to Ie- the ‘white man’s ways’. ~u, for many

tihs, sendiog theu cbifdren to binding schmls meat kcre~hg thek capac-

itiw to rmist Iotd =Mation tbougb Ietig non-India world views,

ktrategim md preferen~. It is not a rmdom o=wrence that so mny Indims

bemme Iaqers md bureaucrat%, so that Intian communities have profited

~ ,’

Journal of Social Work 3(1)

from initiatives rmulting in recovetig India lands md other propcties, water

rigbti, or atbhhg federd rewgoition as hdiu bibs, to nwe but a few,

Wently, fodian achievement uder seff-govemmw we most mnstiabed

k that the M&s must cotiom to operational md atitiative s~dwd

that have been fomulated without regwd to theu ow cultwal nom, practices

and preference, ~is mn~dm, which reflecs the m“tiadicto~ natwe of

Indian-non.hdian relations, mea that ~fho”gb hdim titeresti have gahed

more pwer and contiol over the dispmitioh of Jodim c~d weffmc a= (a

gab), they are unable to unequivmtiy dehe the stahdmds ad practic~ that

guide the tiplementation and evaluation of Indim child wekare pro~ms (a

low). A clmer extiatio” of the mti provkions of the l~A, which tiom

this pe~pective was created to stop or reveme the ctilmral genocide of the

boadinpschool policy, wiJt sewe to illwtrate this piot. ,

kng before the I~A wm pased k 198, psyctiatis@, stiologisb md

anthropologists had documented the psycholo~cal md farnifial impac~ of the

for=d Ims of identity ad smid orgtitioh that ww the resdt of mntact rnth

Europems and their descendants (Unger, 1P77). As a non-India explorer of

the herimn West, John Wesley Poweff put it k a letter to the Seaet~ of

Interior h 1881, ‘the assimiJationkt plan calls for a redefinition of the I“dim

fatily throu~ polities shed at 1) s“bsfitufi”g the .-’citied,, fady for their

Om, 2) rem-g individual prope~ rigb~ m superior to tiibal, and 3) aban.

d0nin8 the industries of savage~ [to] engage k the hdustries of civtiation’

(Fire, 199 6). Urtainly, the non-lndian values ti~tig forwd mstilatibn

on Sodian ftilies from colotid times wtif the Iut qwter of the 20tb cent~

utiaili”gfy reflected these pwpoxs,’

Other writers dkcuwed the ceotid si@w= of Ian8uage md the

destructive &ffec@on culture that were wrought by the prohibition of the we

of hdim languages (SvenSo”, 1P75). Reli~on, for exmple, Svemson p’hted

out, is btemoven with language in such a way that ‘with mother lmguage we

camot [eve”] perform our religion, @. 34). 1“ fact, for mmt of the tisto~ of

Native-non-Native poficy the focm of sociti weffwe pofiq hw ke” to

document the ‘pfight, of the Native berim” in order to tipose a patently

inadequate Iikrd or mnsemative r~ponse tied at aUeviatig this pfi~t by

making it more mm fortable to bear, The historical intention of India-non.

Indim poli~ was never to pumuc mtiticulturd vd”es that tight lead to seJf.

detertiation or ~litiml hdependence for the hdian tiibm but to forcibly

msfiflate them into mainstream Ameriw society.

The wncept of multi-generationti tia~a md ~ef helps u to dtie the

mmulative effects of histori~l violenw on Native peoples. This k due h large

part to the fact that the collective memo~’of mmy Native beti~s refies on

an ord tradition for tiastission hom generation to generation. ~us, the

realities of past wrongs and the pain asociated with remembetig them ares

vitid a memoV now as they were then. timeque”tly, memo~ is a key souw

of seff-des~ctive behavior (related to the memo~ of pti ad pr~cnt-day

Gross Native ~edcen Family ontinul~ aS R@sis@nce

pove~), w weff m of ctiturti resiJiencc (related to the sptiit:d conviction tiat

kdi.n identify mwt & presewed). ,,

~me fats explti why, despite Indim pove~ ad powerlmnew, the

pemkten= of mger agfit non-lndim gove~enb h enabled kdim

fatiies to cbg to fhek mccstv, md fiaffy, to be tindicated k their resistance

by the enacment of the l~A. Thus, born the stidpoht of mtiti-generationd

tram md ~ef, keephg hope tive entafied ntiwbg anger md de~al, md

tolerathg the dapti md tiolenw that beae mmmonplam in Indim

com~. h Petiuatis mdysfi, that ‘the Native berimn experience h- been

shaped by patemafism md expropriation; m expetienm rooted h a long

tito~ of mlotifion ~d doti?tion..,. ad the problem r=ulting tiom this

experien=’ md that ‘the memow of tfds experience is m real today s it WE

5W yem qgo, explti the oritis m weff w the ptentid tiuenm of cOntem-

pora~ NaQve heticm pofi~ initiatives’ (Pertuwti, 19310, 24).

Native fieri~ histov is thus a sto~ abut the tiff to smive long-tern’

oppraion in the nme of ctitwd prmewation. me bdia ftiy k at the core

of Netive American culmal restoration bemui children are’riewed” as sacred,

the means by which Native American identify til kfh. k retived and per-’

petuated. Dism:ion of the mtin PWPOWS of the I~A, foffowed by a dwcrip

tion of some effetive methods for acfdetig d~d objmtiva, W seine to

tiuwate the e=entid plaw of mlture in the meation of n new Native kericm

movement to save lndim faodlies.

Implementing Seventh=generationldeals:Tumlng Politl&l

ResistanceInto CUltUral Rebirth

The, seventh-generation world tiew held by many of those hvolved b In&m

chifd weffwe poticies ad prowms k a powetiti example of the culturaUy

referent ti~tm betind the new approach to distinction b Indim follies. As

the legend goes ,

Ad so the eldemmme to sit h cored cucle under tbe Peat mm of the ~ree People.

And tiere were Eafle, &yote, Bew. and Btido, -ven, Me md Spider, sand-

motiem md ~mtitiem, and pediti”e People tiom mmy Natiom. And they sat h

dte”m. . . btetig.

They bwd the generation tig md they muted eve~ tear. They heard tie

People pleatig for theu M&en. . . md hey btened.

Bew ~k. to breti tie siJen=, ‘Eldemof tie Natiom, I hplore you to joh me h

pmyer. Ow People neti w. Qeneratiom .pn generation of &ifdren have ken

t&en. Genemtiom UPU generations of tiothen and fatben have tied. The damage

is tie=wable~ hd tie eldem a~eed tith Bear and joined h prayer,’to mom the

1-s.

~en wgte spread hk tie and stool updght, he asked, ‘Eldemof ~e Natiom,

plmse join me hmd-h-hmd: And they did. ~e tie m mmplele ad A mtid sw

tie stiengtb b the tity. ‘Wat wesay md do tday mwt be kom the hem for it W

%’. 37

-m-mm=- m-

lournal of Social Woti 3(1)

Seventh-generation hcliefs are tier etidencc that foUotig kbe Rd Road (a’

dtwtiy tiven posmodem fefi~om-pofitid ideology which k tiffesdn~y

prevalent mong Indians md related to khe new politid prow~s of fhe tib)

W lead to i rentismm of hdim dwe, national pridemd pofitiml~wer.

~e mti purposeof the lCWAw? to’ set prohibitive s~dw~ for the

removal of hdian children tiom hdim ftim by mtitihg Native

Amerimn participation in the disposition of kdian child weffwe matters. At

the tie ttis legislation wm behg developed, for example, hdim cbifdren were

plamd b out-of-home are at 12-18 ties the rate of no”.l”dk” chiltien, tifb

85 percent of those children placed in non-hdian homes (Unger, 1977 1) Even

today, about 12.5 out of eve~ 1~ Indian children are plmed ti subs fit”te mre,

compared with 6.9 out of eveV 1~ Wdren from dl racm (Crom, 2~ 52).

In addition to ensuring Native herimn ptiicipation, moreover, the

implementation of this le@lafion hm ptittd grmt Eefibfiky h potiafig,

not ody how Indim fatities me, but how they ought to be, For ebple, India

pmenfing ought to b breed on values ad teacti~ fhat protect the hte~~

of tbe tribal society (tiow, 19~ N), Or lndim children are kt rewed md

protected when aunts, UCIS, ~mdpaenk ad tdbd eldem tie m active

interest in their up-bringing (CrW, 1986 W), Cross (2~ 52) goes on to point

Oue

As children were r~~cted, so wecethey ho m“ghl to r~ct ofhen. It h~ be. tid

fhat In&m child-ceati”s methh were mrked by exmotihq pafienE and toler-

anm. That is, Ind!an chifhen were w“tiy brought “p titio”t rwtit or Bevere

physiml punishment. Obetien~ W- .Weved tiough moral or pychologicd pem.a-

$io”, b“ifdirig on fdbal beliek h e“p=mntwalbbp. Many tihs had stones of WWF.

natural bei”ss who watch children and p“”ished them when they were dkoWenL

.~IoUsb the telti”gof mythsad legends, chittie” were gi”~” clear ex~ctatio”s about

dair~d beharior e“d the mnveque”co for deriant &barior.

tiltural competency, the operational value for knowing about and res~cting

Indian cdtwe in ways that will be mea”k@ for developing relevmt social

work intewentio”s, has become a ptia~ fmus of ICWA tiplemenmtion,

especially with regard to the protision of setices that W strengthen and

maintain Indian culture. Thus, tingress mncfuded tiat ‘tiere is no resourw

that is more vital to the mnthued etistenm and hte~ty of bdm tribes than

their’children’ and that ‘an alartingfy high permntage of Indim ftifim are

broken up by the removal, often u“wmmted, of their cWdren born them by

non tribal pubfic md private agehci~ tid that a“ dti~y h~h per&ntage

of such c~dren are plamd in non-hdim fmter md adoptive hom~ md bfi-

tutiops, (hdian Child Weffwe Act 1978, M USCA,1~1-1963). Section3

-mmm-m”m Din. =

Grm Natie ~effan Faml~ COntinulfy~ ReSIS@nce

ftier stiptiatm that the p~w of the Ie&lation k to ‘protect and promote

tie shbikity ,md @ty of kti. tiik md fti~ ‘... [via] plawment

& foskr or adoptive homw whid tiff reffti fh= “tique vd”m d bdim ‘‘

ctdtie, ad by protidiog . . . wsistanm. ., in tie operation of child ad f~v

propm’.

Under M Ie@slation, tribal cow have exclusive jurisdiction over

adoption md ,placement of chiltien who five rnfbb tie re~matio” of their

tdbe md over pr=edtigs kvolvhg my India child who is a“wwd of the tibal

COW, regwdf=s of theu residmm. ho, child weff~e agentia are requked to

provide remediti, Coftudy appropdate semi= for Indim ftiis kfori a

placement ~, to ~0* fbe ,tiks regmtig the’ plawment of kdim

chifdren and to plain c~dren io India homes (Crw 2~ 51), By mtig it

more ~tit for non-bdim agenci- to act on India ctid weffire matters

(the me of g.udim ad Iitem or deteti g the likelihood of futue hm, for

example), the ICWA gives more control over the fives of kdim fatilies to the

bdims themselv~.

Whife the enactient md fiplementafion of. the ICWA were mn~ent

with the pofiq preferenms of tie Indians khemelves, major btiem ~tist

to a more extensive promtigation of these values. Crw for exmple, pohb

o“t that si~ifiat numbcm of non.kdim chifd weffwe agenci~ are “ot in :

complimce witi khe act’s terns AdditionWy, he UW- that jtictional

dispute+ lack of tibg, &Ged pemomel, iofomation abut tic extent of

the problem,md dwtiy appropriate scmim mdel$ md mmutify dtid

remah Seriow tipedkenb to total compfimm (Cross, 2~ 5H), Okher

titem ho stias the penkten- of jurkdictiond issues in obstructing the’

tboely,bplementition of tie law also, they note that hdia chifdren contbue

to be plamd. oubide hdia homes h disproportionately high nmbem -‘

(D~rule, 1999). Nevertheless, the ICWA Iegitiated a comse of ~eater

Native ~erim’ autonomy in ctid weffwe mattem, Which at the sme tie

atimed the deske of Native .herimm to preseme and perpetuate fheti

ctitues.

Perhaps more, sigtificmtfy, however, Noti Amerimn etiocenhism,

racist ideologies and the smid constriction of ram, kc fusive of what Takti

refem to as the ‘racialtition’ of .cdtu~, rerntin fotidable bmriem to the

achievement of wial, cultud md polifid justim for Native heriw

(Honmm, 1981; TakaH, 193). .~e anviction that white, Europea and

Cfistim mccsm is su~rior to not-white, thd-world and non-tiktim

belief system is embedded k the world tiew of tierim society. Stim the

couter<ultwd revolution of the late 19~ in the United States, however,

sti+ workem md other practitioner tivolved with cfdId weffwe wrvicm

hive bemme aw=e of fbeu racist heritage aod have begu to avail themselvm

of IeMn@ pro=- md pracfiw methodologies that seek to repla= often

ucomtious rackm tith behariom that are respectfti of ctitural difference, s

discussed below.

Journal ofSocial Work 3(1)

Cultural Politics and their Impll@tions for a Culturally

Responsible Practice

The pmuit of responsive, r~ponsible md mmpetent methods for eff~tive

social work practice h cross<titural co”texti bas hen goiog on sbm the

couter<ultural revolution of the late 19~. Dtig Ihk petiod, Americm

stid work professionals have been confronted by demands for equtity that

were met both by requiting moss-ctitwal wntent h schmls of stiaf work md

by raising consciousness about ra~ and etiicity at national cotierences and

through professional jomnals @rolmder, 1977). A n~ber of stiaf work

scholus have pubhshed frameworks for cro~dturd practim that have ~tab-

Iished a climate of political comectne~, afong with some good adviw about how

to desi~ sensitive social work htementiom at mnmosptetic ~ weU as

microsystemic levels (Vm Womer, 199Z FCNL,1995,2~ Cross,1995; ,

Green,1982Kumabe et d., 19&,Lm, 2~0). Recentattempw to replace

potiti~ wrrectn~switha morefictional valueformdtictdttim appem to

constitute a more protisi”g approach for showhg res~ct for bdiao values m

equal to those of the non-hdim (B&er Jo”es, 199* b“~es, 1~).

However, the desue to be sensitive to cultwal differences r~ulted h h~r-

sensitirity about what might or tight not be said h crossdtwaf settinp

(Gross, 1995). More si~mntly, perhaps, the preponderance of the advi~ that

has been proffered to practitioner tends to pe~etuate an etiomntic

perspective - as in white, tiddle<la~ ud Ctistim - that m~es it enormously

difficult to transcend the Mere”tly ratist outlook of Ametiw politim (De

Aoda, 19W, DeHoyos et d., 1986 Kwabe et d,, 19fi Norton, 1993).

Cmicula developed by the Native herim Tratiig Imtit”te (NATt)

provide a alternative mtiel for reco”cept”ting moss-c”ttural btementions

that transcend racist aw~ptions, The ctictia were deti~ed md bple-

mented by Native tierican trtiem who we themelves schooled ti Native

culture, history and practiw. From this pempective, to be Native is not a

stificicnt condition for etia”ci”g the chances that these intervention wifl

work. To be Native and have @own up with other Indims, be a member of m

extended hdia” fmily, spe& m fodian lmg”a8e and have experienced hdim

ctiture, hclusive of traditional Indian religions, does, however ar8”e weU for

the conclusion that htementions conducted at the hmda of Native hencans

who Ue culturaUy attued to Native cultures are more fikely than not to be

effective. ~Is will be even tmer when India teachea are xhooled io mental.

health disciplines, which, Uke social work, we gfi8 the values of,equtity a“d

reciprmity in cro~+ulturd timactio”s (Gross, 19W Wd, 1984; Vow et aL,

1999). It is theoretically possibie, of mme, for non-Natives or Nativ~ who me

not schooled in their Indiamm to be effective practitioner. I would maiotaio,

however, md contra~ to the prevaihg tiew, that this is not Ukely (~lyanpw,

lW* “hwc~, 2W1; Napoli, 1999).

From thk pmpective also, Indi_ess efibits ,tact a“d discretion [that] are

40

,.

~

GrowNative Amerlmn Famlfy ContbrulU asFfeslS~nce

weff developed mong the Indimmm,tilies. Thoseofw whohaveo-ion

to moveftily tieelyaboutthe vwiowIndiaoworl&kow tiat tiere ti no

sti~e badgeof auptmm md no shple pwword that atifa one hto the

tier cimle. Each pmon meat five tiough periods of tmt of his [sic] abiffty to.

& md to W k m Indim way’ (Atmeave, 1W4 5A Svemson, 1975). Aqti-

iog Ordeve10pi08 OUe’SSeine of IQdiaM=S thw timeS a tiable aftemative

to othemise umodified ideas about what mmtitutes good mental-heafth

practiw.

One of tie ways h which the Native. kerimn Tratig hstitute hae been

effectively attracthg ao audienw aod 8eneratig inoperative ventues between

Native and non-Native cMd weffwe agendes k by convintigfy demonstrating

the mnnection between historid tiauma and mntemporv smial problem in

Indim muw. When the payctitist W. G.”JUeck,for ex~ple, fist descrikd

ti rendition he ded it anotic depression, mnclutig that the

mental hedti problem of the mtive Fople me &parable from fheu wtiw

[utique] stimdtwal sitmfion... [thin] fhe eff-w of Western hmion have k..

more dedtwative b a~twative, [are] breedhg c.lturd identify cotiion md

effdd dhrientation . . . [w that] tiaditiond nom. . . have been erded or destroyed

.Me the vdu= of Ew-kenm. titition appe~ wuadicto~ and iM pti

gmd Img.ly unaffatiable.(Jflwk, 1w4 13)

Stimly, h the example of the Navajo, ‘c~eena, denotes a condition that

Wm when the Navajo leave thek lmds, a Iaating sadns related to the multi-

generationd tiama of forced removaf and the boadtig schools m well as their

abidtig attacbent to thek Imds (Napoti, 1999).

One way to dd tith mode depression h Indim ftilics kvolva employ-

tig tiaditioml religiom concepti, like those of the medicine wheel, the mntral-

ity of the Indim ftiy for developing i positive Indian identity, or cutig spirit

bus. Vdu= for the meditie wheel, non-intefierenw, tiaditionaf child

rewtig views and the Indian fady - samed chdd ideology, for exmple - have

been adapted by the NA~ through the we of geno~d, relationship maps

ad Iakkbg tircles, which visually depict the Institute’s miviction that Indian-

ness - seff-howledge and self-actutition that k rooted b Indim culture -

are e=entiaf mmpnenb for the renewal of Indim Cibes and immunities.

(NATI, 1999w q W= and Thomas, 1971; Gmett and CmtcMeld, 1997).

Sptit iUness,which is stipdated to have cdturd deprivation and identity

mtiusion at ib core, a afao be tieated wing traditional ritual (Yieck, 1974

It bird, 19M). Th=e adapted values are strongly predicated on the betief that

basic quatities of fodimness mwt be Wugbt tiom iofmcy (Ablon, 19W, Cross,

19M, 1995). D=mibing the value of waparound setices for ftihering.fodian

chifd wetfxe goals, Pordson emphaskes that any suwmftd ktewention must

be about relationship (NATI, 1999a 2).

bt but not Iem:, at the level of larger system - govement md hsti-

tutions, for exmple - rew=endations for dealkg with hdim-non-lndim

Journal of social Work 3(1)

tensioti md cotiict emphmtie es~blktig org-tiom ad w- that

W act m prmure ~oups and advmw Inditi pofiq inter=b, much m they

have skce the fid-197& md stiff do in tie pr=ent (FCNL 1995,Zm Gros,

19g9).What must not be lost’+ my md~k of the retatiombips of ctdture to

pofitim k cltity about the =sentidy Pfitid md emnotic bim of kerim

swial development. h the cme of Indiw md smid workers t~ meam, as

Pefimafi puts it, gotig ‘beyond a ctimal pempective to rem- how the

Native Amerimn experience haa been shaped by patemtism and expro~a..

tio~ m experience rmted ti a long tito~ of mtotition md do~ation . . .

md the problems resulting from M experienw’ (Pefiusati, 1993 10). kdeed,

the mgument I have presented here retiorws the mnclusion that by mmipu-

Iating mlture Ametican, sxiety. akmt sutieded k dmtrofig the Native

beria. That herim souety h= not sumeded io M ventue is at onm

a condemnation of etbwentiic bias, m achowledgement of the wsenti role

played by cultue k politiml development, md a tiibute to the ,demomatic

prmm as an mtidote to Itisser-ftie mpitafist development.

Note

Fo; the hpuation and bowledge l&en from EeJd ex~riene and kom which G

paper u tinwn, 1 m indebted to the memkti of the Native Amerim Tag

Instilule (NATI) of Bismmck, Noti D&om, md m~tiwy to Smm h~on, whmo

repr-ent.tiom of ctiltwal responsiveness ti shotig otheti bow to bplement the

gods of fhe fCWA have been exemp!~. Witiout the exmple of the NAYS,I wotid

not have been able to experience the mth of a NatiYe Amedw ctitwd Erivd in the

detivew of S. M- to Native tied- f~es md cMdren “or to rtie, m My m 1

have, the tip fications of this experien- for stid work &umtion. The sti of the

NAT],~d otbes engaged i“ stilm effo~ elsewhere h the tJdted SmteS, me show~g

,hti Native md non-Native stial workem what it means, to me mditiond dtw. for

re<reat~g a positive Native fady identity md mntk”ity h tbe prment.

References

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Interaction’md India. Identity’,Hw. Orgmizntio. Z (Wbter) 2~~.

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k Sociey: ~e Jo”ml of Co.twporary Hm Semi.- 81(1] 4%58.

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~~rien~’. S..d WOrk2g(2) (~~APfl) 101-7.

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Amctim I&h Rc.oti 15(12k U. .

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Holw.st and Ofi@g of Stivom’, me Psytiohyti Revti 75(4) 61W.

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S=onkm. Gbridge, MA Ham-d Utivetity BCS.

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42 43

Design Teams as Learning Systems

for Complex Systems Change:

Evaluation Data and Implications

for Higher Education

Hal A. Mwson

Dawn Anderson-Butcher

Nancy Petersen

Caren[ee Bmkdull

S~WRY. Systems ch~ge in child welfare and cross-systems chmrge

involving other setice s-toss am needed in msfmnse to two develop-

ment (1.) New wficy mandates (e.g., TANF,ASFA)and(2) Researshon

the co-wurnog md interlnekingnwds of manyctild welfw families.

Afour-stare initiativewassrmcttrred inms~nse tothesend. Colla&

orndve learning and action mse~h groups called design f~~Is we~

srmctu@ to identi& com~tencies and to develop new sswice delivery

sys~ms. F~ulty facfitators reprewnting swid work education progmms

weffi assigned to these teams and chmged with their development and

evaluation. Fad fitntom sewed as linkage agents for mriversityemmu-

~;:

,’

i;

,.,

i!

)!

,,

!..

.1

I

nity-state agency partnerships, and they pmmored curriculum change.

~ese sNdy reports NO scta of findings related to these desigrr teams:

(1) Findings fmm semi-stmctu~d intetiews of design temrr members;

and (2) Findings from the participatory action research completed by

two faculty facilitators. Key themes Elated to design team processes are

presented. Drawing on these emergent themes, components that help ex-

plain effective design team processes are identified. Selected imphca-

timrs for social work education programs and faculty dso am identified

[Article copies available for a fee from The Hawonh Docment Delivery Ser-

vice: I -8~-HA WORTH. E-roil dwss: <geti~@horrhpmssti.tom>

Webtire: <forp:/k.HaworrhPress.tom> 02003 by & Hawh Pwss, Inc. All

righrs resewed.]

~YWORDS. Collaborative leamirrg, action rese~ch, systems change

“We didn’t have the kind of semice delivery system we needed. We h~ to

design irfirst. men we could plan and deliver our training” (Abernathy, 2000,

emphasis added). ~is concise statement was provided by a former cfient

called a family experr, and it introduces a four-state child welfare initia,dve.

~is initiative was stmctured’ to improve child welfare practice, sncid work

education programs, and university-agency-community partnerships. It prm

meted practice innovations, systems charrge, and cross-systems change.

Design team were formed in four states (Colorado, Utah, Nevada, and

New Mexico). ~ese design teams consisted of family experts (i.e., former and

current semice recipients), university faculty facilitators, and professionals

from child welfare and other sewice systems. ~ese teams comprised new

learning and development systems. ~ey used p~cipatory action tisemch

and collaborative action research to desigo new collaborative practices involv-

ing interpmfessimrd, family-cente~d, and community collabnmtimr (Ander-

son-Butcher, Lawson, & Barkdull, in PRSS; Lawson & Bmkdull, 2001; Lawson,

Petemen, & Briar-Lawson, 2001). In brief, these design teams engaged in col-

laborative learning. As they learned, they developed new practice innovations,

while identifying competencies needed for these innovations.

In addition, these teams were vehicles for practice research and faculty de-

velopment. For example, teams generated new knowledge and understanding

about collaborative practices. ~ey helped faculty facihtators appreciate the

differences between learning systems and training systems (Lawson, 2000),

both in community settings and in social work education progmrns. Many such

details of the design team model; including ~levant theory and evduatimr

I

\

!

I

!

1

I

I

.-m-- a”’-m -*data, must be omitted fmm this publication because of space constraints.Readers interested in design reams should consult other publications (e.g., An-derson-Butcher, bwsmt, & Barkdull, in presy hwsmr, 2000z Lawson &Barkdtdl, 2001; Lawson, Petersen, & Briar-Lawson, 2W1).Hem the arrdysis focuses on the roles and respmrsibihties of faculty facih-tators, some of the mechanics of the design team process (including barriemand enabhng factors), and a few of he impficatiOns fOr ~lgher educatiOn ‘ngeneral and social work education in pardculw. Where faculty facihtators areconcerned, two kinds of evaluation data are featured. Data about design teamprocesses and the faculty facihtators, garfrered by.mr extemd evaluator (An-dersmt-Butcher), arc presented. men data derived from the participatory ac- tion resemcb completed by two faculty facilitators (Petemen and Barkdull) wepmserrted. Finally, implications for social work education progms me identi-fied.EVALUATING THE DESIGN TEAM PROCESS AND THE WORK OF FACUL~ FACILITATORSme design team evaluation i~cluded two data sets, w~lch ~ Presentednext. me first set derives from intemiews of desi~ team members. me sec-ond derives from the participatory action research of two faculty, f$ci~tators.An extemaf evafuator (Anderson-Butcher) conducted qutitative inter-views with 22 Imrg-stmdlng design team members in order to gain an in-depthmrdemtanding abut the design team experience and process. Nine of themembers interviewed were university-based facilitators; six were family ex-perts; three were middle managers in child welfw, two were state child wel-fare .adnrinistmtors; sod, two wem front-fine pmfessimrds fmm other sewicesystems. Sixteen were female; six were rode.Nine open-ended questions guided the intemiew. Exampl~ questions in-clude: (1) What do you bcfieve have been the major accomplishments of thedesign team(s)? (2) Have you encountered barriers; and if so, what arc they andbow did you or others involved deal with them? (3) What have you learned as aresult of your involvement? (4) What have been some of tbe high points and10’wpoirits related to your involvement? hd, (7) Can you share any lessonslearned from the exprience? Each intewiew lasted appmfimately 40 minutes.me researcher used pmbcs, as needed, firmrghmrt the intemiew process. ShetOok notes we~ taken throughout tie intewiews and later transcribed them.me TeSeWCber derived di~ct quotes from each intemiew. Each quote RPresented single items or themes (see Miles & Hu&rnrari, 1994). me raw datawere then coded into classification schemes using inductive techniques (Patton,I I

1990).~nsensus validation was esrabfishd with a peer reviewer who was fa-

mihar with the data (Lirrcoh & Cuba, 198S). me ~r reviewer correctly coded

87% of the raw data quotes, indicating moderate to high vtidity. When dis-

crepancies wem found, the resember and the peer reviewer would together

re-cluster the themes, establishing consistency btween them and enbarrcing

the vtidity of tbe claasificatioh.

Themes related to design team implementation and resultant outcomes

emerged from the data. Only those themes related to hsign Team implemen-

tation arc presented in this article; outcomes associated with design teams are

reported in Anderson-Butcher, Lawson, and Barkdull (in press).

Where design team implementation is cmrcemed, three higher order themes

emerged from the intetiew data. These themes included issues related to im.

plementation, leadership, and barriers. Tables 1,2, and 3 describe the themes

and tbe number of Desigrr Team members intewiewed that mentioned the

theme. Parentheses indcate the frequency of responses mentioned by all par-

ticipants. In addition, A brief ovewiew is provided hers.

The most common themes mentioned by pticipants were related to De-

sign Team memkr recruitment. The most common theme mentioned was dis-

cussed by 8270 of the participants. ~ey noted how there needed to be the

rccmitment of the “right people,” including people wbo are in administrative

roles with pnwer, those with informal power, and those that arc change agents

that “make things happen.”

Participants also noted that remitment should focus on fitting the ageridm

of people, agencies, and current poticiea. Each theme was mentioned by 77%,

S5%, ad 82% of the peopleintewiewed,respectively.

Furthermore, 32% of the people discussed issues related to the need to court

the agencies or people that are rcsistan~ whereas over 26% discussed the im-

pofiance of the facihtators in relying on their past relationships for recruit-

ment. The facilitators needed (1) the skiUs to bring people togethen and (2) the

passion to keep ti]rrgs meting. For instance, SS% noted the imprrance of hav-

ing a ~rsmr on the Design Team O,e., the facilitator) who would do the legwork,

fo~ow-up and coordinate efforts; whereas 327. discussed the facilitator’s persis-

tence and energy.

The second major theme that emerged from the intewiews was related to

group dynamics within the Design Teams. 32% noted that the Design Teams

had to be a place that set the stage for equtity. Tfris ensured that fmily experts

felt “safe” discussing their past experiences, fmnt-fitre professionals felt “com-

fortable” tting about issues in front of administrators, rmd people from differ-

ent “pmfessimrs” did not feel tb~atened by others unhke them. Facititatora had

adimt role in making Wls happen. For instances, SSYOof participants noted

that facilitators needed to create a safe environment for people. fn other words,

I

-----”-- -*

TABLE 1.ContentAnalysesExaminingDasignTeam“HowTo’s:

m ~’”t”

1. FIT CuRRF~AGpNDAs

. . . . of agency involved. 17(43) “(Agancy)waa tireadylmking athowto r~

ddeaeticas matwerefamil centered. ( ach

EE

a9en~90t)t0mkammw atlsnewwimln

rfralragency, helped gat attendees there. They

were telllnoomers

I I DeCtS..

8, Provide incentives. 5(11) .ltisthe cheaPeat CEUslntowX . . . payFE,

maaaureof respat. Iamwoti that. ‘Snacks

and Naulds at no charga to get people

9. Havaaomaoneto ~ mele9-

Woti.

10,power Innumbers. 3(3) .What youneed todolaouinumber them. mla works..

11,Have unlveraw Involved. 3(4) .ThlrdpamtmmtheUnlve?lty, tha nautrahty

S heloful.

12. Have bwstera and mingsto 1(3) ‘We shouldgive homawoti; .C!eate Steadng

eeo ~kad. C-sinner.

13, Have suppti to debrief. 2(4) .We need Immadlatasupport,m. The pr~

COSSI”O aftemards is imWflanl..

‘k: Totals providelnfOr~Uon about the frequency and intwrsi~ of aach meme. The fbat

numberindlatea the total numberof studypatidpants mat mentionedme them9. The num-

ber in parenthesesina~tes me number.Oftimes th~e sutiec~ dlscussadthe theme

TABLE2, ContentAnalysesExaminingThemesRelatedto Leaderafdpof De-

sign Teama

Theme ToW EwPle It?m

eKILL AND ABILl~

. Abilityto bringpeople together. 7(e) .Just gettln~pmple to table to talk, to

conn~.

. Abilityto get people to b~in, 3(3) .I had to go. (the fadtitator)Is well

bown md respaed~

. Group facilitationskills, 3(4) .Need to shape and Intewene, god

facilitationsMIIsare needed..

. Atrlhtyto get people to take 10(32) .1needad to let tfremtake ome~hlp In

Omemhlp of the prosess. drings there were times Men I knew what

they wanted to do wouldn?work, but I

couldn?tell them, It would backffre.’

. Nunures a safe envlmnment to 12(25) .Gave people arena, safe place to cooper-

worktWether. ate md get atong..

PERSONAL A~RlaUTES

. Lmdets w@steM and energy. 7(9) .I was ve~ Impressd with (the Ieadem’)

pushing..

. Trea~ you tikefaily, mentor, 4(6) .They mde us pafi of their family. So

Supprove. open arrdgenuine.’

. Keeps ego on of the way. 2(2) .1love the way (the fadlltator) is doing It,

gek ego out of fhe way.

. Leader Is open, flexible and 2(3) .’lf you w tilnk of a betterway, let’stry

receptive. Iris his phllmphy..

. Leader h= patience. 1(3) .Being okay tith setbacks Is somethingI

have learned. I Ieamed patience, not be-

lievingthat I am msponslblefOr?Vev

thing..

. People ~ tislon l(l) .Vislonades need task people to do tielr

WO*, pti their visioninto pratice..

Note Totals pmvlde informationabout the frequency and lntensl~ of each theme. The flint

number[ndlmtes the tofat numberof tidy paticlpanw that mentiond me rneme. The num.

ber in parenthesesIndlates me number of times rho% subj~s tisc”~ed me memo.

facilitators needed to know how and have skills in making Design Team mem-

krs feel comfofiable. Having this “safe place” was essential for the creation of

owemhip with the Design Team process. 4570 of participants intemiewed

noted that it was vital to get Desigri Team membcm to take “omership” of the

process.

The final theme involved btiers related to the Design Team process. Any

time a large group of people is brought together in a collaborative way, there

me smggles md tensions. Many of these s~ggles wem mentioned m deter-

rents to the Design Temn pmess. For instice, 3690 discussed barnem related

---- m,,-- --

TABLE 3. Content Analysea Examining Barriers Related to the Design Team

Theme

1, OESIGN TEAM IMPLEMENTATION CONCERNS

A. Leademh@ l-es.

. Fundingsve- to suppon lnlUaUvesare ml=lng.

. There are unclear e~ectstlons.

. There was mlSSOMMUnl=UOn.

. Leadershipof OT is Ineffedve.

. Lack of guidance.

B. Learning spteMS mnmms.

. There are challenges related to evaluation.

. Oiffimltto bafmce Oreproses and @k fml.

. Ambiguousp~e=.

C, Negative feelings resulted.

. Feetingsof dl~plnnent.

. There are feetingsof imlaUon and abandonment.

. Negative feelings resulted.

o. Hard to get famUy expe- them.

. Ham to get ti suppfi family eWens.

2. ISSUES WITH PEOPLE

A, Some people just don’t get it.

. People don’tget ti0n9, In general.

. People don?change.

. People are apathetic.

. People thinkthey are doing It and they aren,t.

. People are featil of pwess.

B. Pmple have pmtica thmri- that aren? family centeti.

. People don’trespectfamily expee

. People betieve pmfesslonatsknows bestisllo

. timpetitivene”s beween people ati sites.

c. People amn? there and they n~d tO~.

Totat

12(22)

6[18)

8(22)

1(1)

1(4)

,,

15(s4)

14(26)

4(6)

11(21)

7(20)

3(6)

.<.,.. .

3(6)

10(20)

7(7)

3(6)

4(5)

2(3)

8(15)

5(11)

1(3)

. OonVhave buy-infromtop level admlnlswatomand peopletith power. 9(11)

. People and agencies need to be there ad aren’t. 4(6)

TABLE 3 (continued)

Theme Teal

3. AGENCY AND SYSTEMS BARRIERS

A. AgeW 00~S.

. Agencies have ph[lo~phl~l hemewoh that ‘ 6(9)

don’tfittith the Design Team.

. “PrOjetitus”wimin agencies.

B. *tern ~tie=

. System bafiem with bureaucracy. 12(26)

. System barfiers Mth udve~ty. 7(11)

C. Stiff &n&ms

. Time constralnk. 14(22)

. Smff remover. 7(15)

. DmpoWAttdtion. 7(14)

. Wokem have ton much woddmd agendes are underwffed. 3(5)

4, COMMUNITY/CONTEXT ISSUES

. ~ntetial circumshnces pmtide challenges. 13(30)

. The communi~ Isn’t ready for thiswe of lnltiaUve. 4(8)

. DisWnce. 3(6)

W Totals pmvlde Informationabout the frequencymrd intensi~ of each rneme. The fimt

numberIndiutes the toml numkr of 3tudy paticlpank that mentionedthe theme. The num-

berln parenthe-s indicatesthe numberof times those subjecti dl-ussed the theme.

m uncleer ex~tatimts; 36% de=ribcd issues with tiwommunicatior, whemm

507. noted that they experienced feetings of disappointment within’the process.

45% mentioned that people just don’t get along.

Many of the people interviewed discussed concerns shout the norr-dimc-

uve, pmcess+riented and the “non-tmining-lifre natu~” of the design tenrn pm-

WSS.Mom speeificdly, 63% mentioned btiem with bdsncing processes md

trek:; 367. said that some team membem did not ms~t family ex~m; nnd

60% discusacd s~ggles with mting the design tcm pmess fit with l~d and

contextual nwds. 5590 mentioned that oftentimes system btiers wem bmd to

bre~ dom, especitiy those related to topdown, professional-knows-best per-

s~tives., Flndly, 68% discus~d chtienges mlatcd to evaluating non-stmc-

tumd, p=ess+rientcd Ieming systems.

For example, pmicipents noted that some ~ople didn’t undemtand what the

Design Temn was about (45% mentioned), ad othem had kfief systems that

we~ sntitheticd to what the design tea promotes (36% mentioned). Fufier-

more, 41 Yosuggested that supewisom md mmagers, people in power, needed

to be included on tie design terns; and that teams we~ less effective because

they we= not included.

----m,d-m --

Respondents identified two other btiem. Time required for pticipation

was the first. Specifically, 647. of tie people intemiewed identified time-re-

lated btierc that firuit their p~cipation in both lenming end tmining initia-

tives. The otier common btier wm mentioned by 55% of those intewiewed.

With tie impending tetination of the gmnts that suppo~d this work, respo-

ndentsexpressed concern about future funding suppofl for the design teams of

the future.

PAR TICIPA TORY ACTION RESEARCH

BY mO FACULTY FACIHTATORS

Two faculty facilitators (BmkduU and Petersen) completed pticipatory

action ~sesrch with bwson. Five bmic questions s~c~urti this rese~h.

. What technical skills did YOUneed?

. What technical SKI1lS did you acquire?

. What did YOU Iem about the design team prmess md your mie as a facil-

itator?

o What did you Iem about ymrrselfl D]d you experience a cbmge in your

identity mrd commitmen~, your orientations towxd Ieming, or both?

e What w the implications for university faculty md university curricula?

Nancy Petemen’s Pardcipatov Action Research

Technical Skills Needed ad Acquired: When I begin as the facilitator of the

design team in Reno, I had se~ed for rdmost eight yews as the statewide wain-

ing coordinator for the university-agency ptinership bet ween tie School of

Social Work, University of Nevada-Reno, snd the state and county child wel-

fwe agencies. In this position at the university, I developed skills in tmining,

curriculum development, adult learning, md group facilitation. I also had a

good knowledge of the ovemll swid service delive~ system, its wlationship

to the child welfnre system, and the individual sewice providem in these sys-

tems. As a result of these personal contacts md mlatimrshlps, I wm able to

identify key pmicipmts ftirly eeaily md obtin their agreement to pmicipate

in this project.

My tmining coordinator :x~riences were very helpful for many aspects of

the design temb process. I was able m apply some of my group facilitation

knowledge to the structuring of the iaitid experiential exercises md group in-

teractions for the design tern. My curriculum development experience helped

in pulfing together the temn’s leting into the final training curriculum. I dso

drew upon my skills in organization and conceptualization as I pulled together

comphcated information and identified key points arrd themes from our dis-

cussions. My writing sEIIs, which were rdready strong, flourished as I pro

duced detailed minutes asrd memos that tried to capture the highlights aa well

as the details of our learrring. (In hindsight, this titren record turned out to be

exkmely vfluable in the group’s pmess. For exmple, when the team was

feeling unsure of what it was accomphshing arrd when it was going, the writ-

ten ~cord enabled it to recognize asrd build on its past discussions, therefore

creating a critical sense of achievement arrd protiding the foundation for cmr-

tinuing progress.)

I also reahzed fairly ewly on that I would need additional skills in-group

process in order to provide a better balance between content and pmess. It

was far too easy to become involved in one side of an issue and lose my more

objective facilitator perspective. I dso needed to develop skills in collabora-

tion, so that I could help stmcture the process in a way that would encourage

the team members to collaborate among themselves and develop their owner-

ship of the team. These skills were importmrt to help me sewe in tbe role of fa-

cilitator and record keeper rather than “the boss.” The turf issues that are so

evident in our sewice delivery systems am equally evident in the design team

process arrd then in the facihtator’s role itself. I needed to consciously continue

to expand my skills and develop ways to involve people in all aspects of the

prmess instead of trying to do it W myself.

Knowledge arrd understanding about the design team process and its fwilita-

~ion. me design team prmess was exciting, challenging, absorbing, and also

arrxiety provoking, as it felt that we were “building the plane while flying it.”

Team members often commented tome that they weren’t sure where we were

going arrd what we were accomplishing. However, they also kept coming back

because of the process, the relationships, and the sense that they were learning

new ideas arrd values that tmly challenged arrd reinvigorated their practice.

So, a fundmrrentrd aspect of my own lerrrrring about the design team experi-

ence was the critical impmtarrce of recognizing both process and content. Pro-

cess is key in the development of relationships and open communication

btween design team members. hcess is also’ very impotiant because, ftmda-

mentily, a design team is more of a leming system rbarr a t@ning system. A

design team involves mumal learning mrd teaching, which are both dependent

on prwess.

Interestingly enough, to go one last step, the prmess actually became the

foundation of the content of the tmining Curnculurn developed by the design

team in Rerm. From our experience in the desigh team, we had a renewed un-

deratasrdmg and respect for the importance of relationship and pme;s in the

provision of all sewices. The new demmds of our increasingly complicated

I

I

----me,al-- D-

md charrging semice delivery systems arc characterized by mom widespread

and extensive collaborative efforts between professimrds mrd famihes. me

fundamental bchef in relationship, which involves listening and mspmting

md avoiding judgment arrd then Ustening some mom, is one that any sefice

provider needs to ultimately “get,” in order m be as effective in their practice

with others as they can be.

However, there is dso a need for a group to feel that it is developing specific

(more tmditional, if you will) content, or products that the group cm point to as

accomphshmenta arrd results. Content in this context includes such items as

the development of com~tencies, that is, the identification of specific krrowl-

edge, skills, arrd awareness needed to accomphsh a practice god. It carr dso in-

clude the identification and design of specific policies that suppofi a practice

god or the development of a specific tmining curriculum that addresses spe-

cific practice issues.

In addition to tbe dynmrric tension between process arrd content, I also

stiggled with the tension &tween “king in contro~’ md “letting it happen.”

My prior experience in tmining and my expertise as a uainer with knowledge

to impart sometimes corrfllcted with the idea of the design team as a self-gener-

ating learning system that is dependent on its prmess for the mutual learning

between members. In addition, the extemd expectations from the grant in the

form of deliverables arrd the internal need of the team to actually produce a

product made it even more tempting to be in chtige in order m speed up the

prxess.

I also learrred how important- mrd difficult-it cm be to estabhsh a group

mission for the team that everyone understmrds. And I finally learned that it re-

quires the team to stroctu~ mrd take charge of its mutual learning arrd develop-

ment, assuming joint responsibility arrd accountability. I spent considemble

energy, with increasing frustration, @ing to identify for tbe group WHAT we

were trying to learn from one mother. Was it agency prmess, gods and con-

straints? Was it cfient process, issues, strengths rmd needs? Was it our btiers

to sewice? Was it client barriers to sewice? Were we looking at prmess or out-

comes? What are the imponant components for collaboration? It was finally

necessary for the team to go through its own discussion to discover for itself

where it wmted to fwus its attention, how to put Wls complex mix of ideas t~

gether, and what the team mission should be.

As a facilitator,.there were always times when the team seemed to be more

productivkor on track than other times. When tbe process didn’t seem to be ac-

comphsbing the mutual Iearoing god that the group was aiming for, it was

helpful to v arrd rracefiairi whether it was a problem with the specific activity

m whether it could be viiwed aa a broader issue reflwting the semice delivery

system itself. For example, jrr trying tolearrr from one another about the differ-

:. ,,

ent expertise of the team members, it was difficult to find the best fomrat to fa-

cilitate this Iewing. Fortnaf presentations seemed to be tnn boring or too

globti or too detailed but more caauaf discussions seemed m leave out impor-

@t information. We tried to aacertain if the ~oblem seemed to be the activity

itself. md figure out a &tter way to get the infortnation, perhaps with clearer

expectations of what was to be taught.

Sometimes it seemed that the md pmbIem and the related difficulties were

representative of broader system issues. For example, some professionals

think narrowly ad cmrcrctely abut their own systems, atsd othem we~ re-

flecting the realities of tuti issues, agency culmres, or comfort levels of shar-

ing. When these issues ~ose, we tried to address them. The Reno design tem

never did figure out a clear aswer to these questions. However, tbe team’s dis.

cussimr of these dynmics can k a very productive process for a team, md it

can lead to impomant learning and growth.

Finafly, I lemed that being tbe facilitator of a Ieaming system requires a

greater time commitment than usually demanded by conventional tmining

preparation. A facilitator must spend considerable time plarrning, reflecting,

writing, calling people, and attending meetings between the big meetings, It is

also extremely important to stay in touch tith the family experts to keep them

involved m much as possible. For some facilitators, this could be a ve~ fms-

trating process as it ~quires a facihtator to mly on others, work on tbe collab~

rative prwesses, and pull information from many different sources. But it is

important to mdize that, while the process may be less efficient in terms of tra-

ditional product production, tbe resulting commitment, system learning, and

red system change make the time involved well wofih tbe effort.

What I learned about myselj To put it most simply, I found that being the

facilitator of a design team was a life-changing exprience, I gained new confi-

dence in my existing abilities, expanded my skills into new mas, becarue

much mom active in my own learning process, and becasne much mom willing

to take risks. In my job at the university, I volunteered for some interdepmt-

mental projects in the college, which I would not have done before. Even mo~

significant, I assembled m interprnfessiond faculty design teanr at my university,

be~nting with cold CWSto utiom facul~ for ‘a somewhat itige-sounding

project mat tem worked together for a year developing m intetiepartrnenti

Clms.

me family expert involvement in the design tearrr was afso extremely pow-

erful for me. I renewed my comnsitment to persons in need and gained new,

fimt-baud respect for their strengths arrd tieir sufiivd.stills. As a di~ct result

of.my design team participation, I sought oppofimrities to exparrd my training

responsibilities by c~ing my own child welfare cases in the field, which I

did stting in the winter of 2000. I did this to maintain my own contact with

I

the people we seine, to keep developing my own skills and awareness, to look

for ways to make training more apphcable to the field, and to reduce in some

way the prceived btiem &tween the university md the sncid sewice agen-

cies. One family ex~rt with whom I worked MSthe design teans is now sewing

sc my “inside” source of howledge md advice for deting with women who,

are addicted to methanrpheramine.

fmplicariom for University Faculty ad Courses. As mentioned above, I

fomred an interdepartmental, interprofessionaf design team among several dif-

ferent ursiversity departments at ~R. We spnt a year meeting, learrring

about each other’s disciplines, md developing what we determined to be the

core of an interprnfessimral class that would help any student anticipating a ta-

mer in humm setices. ~is coume focused on collaborative, strengths-based,

and consumer-drive semice provision md was schedulgd to bc taught during

the spring semester, 2001.

I would tike to suggest seved implications of sOch a process on a univer-

sity educational system. While the faculty tearu participants seemed to feel

vew oositive about the rrrncess md the experience of the team meetines. aca- “.,

derni~ pressure around s~ch issues as ~s, tenure and promotion, and already

crowded degree programs made the discussion about the specific coume very

comphcated. I mticip~ that it would be diff]cult to sustain true interpmfessiond

initiatives over time in a utivemiry scrdng tithout some rcd comfitient fmm

key university dep~ment heads md tistmtors.

On the other hind, tbe pcmond mlationsMps hctwcen faculty memkm be-

gun tbrougb the design tem resulted in very positive informal consultation be-

tween tcarrs memhcrs md mom creative learning assignments for smdents. For

exaruple, one team member from a different department called me to inquire

about suggestions for agency-based, community cultural experiences that I

could recommend for a class sbe was to be teaching in cross-cultural health

pers~ctives.

Personally, the design teasn experience bad a profound impact on my own

teaching md within my deptiment of sucid work. I have made a point of in-

cluding fmnily experts as guest speakers in elms. Other faculty membrs in my

department have asked me to recommend farrrily ex~fls to speak in their

classes. And one of he family experts md I have been invited to speak to-

gether at other classes. .We speak both about her personal sto~ m a cnnsumer

of iewices arrd m m example of bow our mutid learning relationship has

beriefited both of us ad enriched our fives. Finally, c~ing cases has enabled

me to relate “real life” experiences with fatihes and social agencies that helps

to make the corinecri?ns ktween the university educational experience and

professional ptictice much more exphcit md memingful to students.

- -G mA~Nm-cH~~”N -

Carenlee Bwfrdull’s P&~&ry Actin Resemch

Backgrouti My remm to gtiua~ schnol in ‘pursuit of a Ph.D. in Smial

Work ten years after completion of a Master’s deg~ in the same field md a.

seventeen-year cmer in cowunity pmtice was Iwgely fueled by frusmtimr.

~s fmstration waa bush inner- and outer-directed. To provide some context, a

Iwge part of my msponsibifities at my places of employment, which included

local md state government and private non-profit agencies, involved collabe

rative work with other professimrds md agencies. My roles i: these collabora-

tive human sewices efforts varied. At rimes I acted as orgarrizer, catafyst,

convener, coordinator, facilitator, funder, evaluator, or simply as participant.

Some of these efforts wem mom successful thm o*ers. Timing, funding,

ad luck cefitinly played impoflmt roles. My sense of inner frustiatimr cme

from gaps in my knowledge, skills, and the sense that I lacked any theoretical

grounding in my work. In other words, I always felt that”1 was flying by the

seat of my pints.” And I was never sure whether I wm effective or not in my

various roles.

Orber sources of Fmsmtimr were extemd, mrd will be fatiliar m many

readers. Chief among these was the exemise of collabnratimr for collabora-

tion’s sake. Frequently, the “collaboration” was created in ~sprmse to p~ssure

from funders md etisted only on the grarrt apphcation. Responding to con-

cems+ften with some basis in retity-that human semices operate with less

rfrm optimrd efficiency in rm era of burgeoning needs and inadequate re-

soumes-public and ptivate fundem adopted the new marrma of collaboration

mrd, collaboration became one of the most populw buzzwords of the past de-

cade. me pohticsd md historical contexts that led to tie popularity of this hu-

man setices collaboration movement are worthy of treatment in a sepmte

paper. In shon, marrdates to collaborate frequently were, and are, made with-

out the underatmding of 10cA needs, contexts, and sewice in fras~ctures, ad

with several underlying and often misguided assumptions.

The Techrrical Skills I Needed &Acquired My experiences as a doctord

student in the clmsroom andm afwilitator in m innovativecollaborativePrm

ject employing “design terns” have pmtided opportunities to challenge marry

widely-held assumptions about the namre of collaboration and various theoret-

ical lenses through which to view my pmctice. As a ~sult, I find myself with

renewed faith in tbe value of collaborative ente~rises, ~d have, in the PrO-

cess, grown as a community pmctitioner-arrd %“a person.

In late 1998, I was hired ‘S the coordinator for one of four intermounttin

states participating in the University of Utti’s New Centug C611ab0mtive Ini-

tiative. I was able to benefit from the mentoring of a number of individudi

with considerable Ieting ad experience in the concepts md pmcticd appti-

cation of desi~ tem work. In my role, I supemised a small tem of fill- mrd

part-time smff facilitating three mrd sites, md pemmrdly undertook the role

of faculty fwihtator for a design tem consisting of humm sertices providers

on one of the state’s hdian resewations.

What I discovered is that I had over the years acquired and developed some

skills, knowledge, and prsmrd characteristics that proved helpful to my new

role of design tem facilitator. These skills included the abifity to communi-

cate verbally and in writing, problem-solving abilities, a willingness to take

risks, a vrdue for Ieting from fistakes and failures as well as successes, are-

s~ct for the insights of non-prnfessionds or “lay people,” ~d a heaf~y sense

of humor.

What I kamed About the Design Team Process ad Its Facilitation. I

found myself challenged to kcome more sensitive to the issues of turf, but

wav of my OWrt propensity to kcome turf-invested. Injeaming to reach mOre

effectively across professimrd houndties, I had to respect the commitment to

keep meetings free of jargon and learrr to create safe environments where pe~

ple of diveme backgrounds, experiences, md professional education could

find a common lmguage in which to frame problems and potential solutions.

fiplicit group norms developed rmd continuously modified by the design

tearrr have ken enommrsly helpful in this regwd.

While I altiays believed mysek to be flexible. and adaptable, the need to

remtin highly responsive to the rapidly -chmging socio-polititil contexts

and conditions in a small, rrrrd reservation comunity has proved exmemely

challenging at times. Non-invested “critical friend< both within and outside

of the community have not only provided an important means of quality cmr-

trol for the project, but have helped in highly personal ways as well. These

friends have often helped me to regain a sense of perspective and even to

re-comtit myself at times when I have been personally fmstrated and dis-

couraged.

One of the most rewinding aspects of the work has been gtining some un-

derstmding of the history, cultural, Swid, economic, and POfitic~ as~c~ Of

the community. Two co~eagues have acted as cultural grrides, accompanying

meat marry meetings to provide specific feedback as well as acting in tie ca-

pacity of cultural infommts in gener~. A res~ct for tbe smid work value of

~mbenticityin relationships has afso helpd to pave the way for acceptance, u

has my commitment for tbe !lohg haul.’ Design team members know that my

hvetihood is not de~ndent on their tribe’s participation, nor do I receive m)

remuneration from the tribti government. UnfOflunately, tie histO~ Of Nativ~

Americm communiti:s”ii rife with eiplointion, unrealistic protises, md pm

gms tid ~ople that disappear with shl~ing funding streams. The demon.

stmrion of commitment overtime has been essential to the process of building

tmst in the community.

Mat f hamed About Myse~ati haming. Sometimes it is difficult to

tell a good day from a bad one without the benefit of hindsight. ~rough this

journey, I have begun to understand that perhaps my prim~ task is to stmc-

ture oppoflunities that help all of us intemdize learning on several levels.

Leming must address not only knowledge and skills, but attitudes and feel-

ings. I believe these personally trmsfomative experiences cannot generally

t~e place within the standwd pedagogic models under which most profes-

simrds have been schooled, nor me &aditional training models typically uti-

lized by helping agencies sufficient. At the same time, individual helpers,

absent these supports, cannot successfully wansfom helping systems to be

continuously self-examining and self-improving.

Implicariom: Wht I kamed About Collaboration. me past two yem of

work “in tbe mnches” and in the classroom have belpcd me to challenge many

populas assumptions about collaboration, five of which I address below.

Amed with new concepts and pcmpcctives from sucid learning theo~, orga-

nizational development theo~, pmicipato~ msd em~wesment evaluation,

and action research, I find myself equipped with new tools with which to cms-

ceptualim the work of complex community change, and my role(s) within the

process.

One of the fimt assumptions that I had tiady challenged prior to mtaming

for post-~duate stodies is that people md organizations already know how to

couabumte. me abifity to communicate, coopemte, or even to simply co-exist

is frequently, cmrfised with collabomtiokworking joindy.tith rme unity of

purpose. Collaboration is not simply a skill-baaed preposition whe~ howl-

edge cm be scadily rmnsfemd and appfied in practice. Instead, I have come to

betieve that collaboration is a complex set of processes and tasks that ~quires

the creation of learning vesaus tcachlng entirmtments. mat is, we must stmc-

ture settings in which panicipants m safe to fmme and m-frame community

problems, and to uncover md examine their own “tbeories of change’’-what

they believe works and what doesn’t (e.g., Argyris & Sch6n, 1996).

me swond assumption is that colIaburatimr makes organization mo~ effi-

cient. ~is may not afways be the case, ptiiculwly with the up-front invest-

ment of time and effofi needed to tmly develop environments of tmst in which

shared learning can take place and in which unity of pu~se k evolve and

develop. In the long rmr, of course, tine can wgue that collaboration “mayresult

in water efficiency as professionals shm expcfiisk, agenciesshm ms6urces,

md consumers are required to jump thsuugh fewer hoops to seceive the help

----ab,one~- -- 1

they need. However, this “efficiency” assumption must be cwefolly examine

in each contex~ it may not always k wasmnted.

me Wlrd assumption is that “expns’’-pmfessimmfknbwbw bst how t

m-design systems of cam for better scsults. Design teams turn this notion on ii

head by bringing other kinds of expesrs to the table as equal pinners in th

change effon. Many of these expefis me workers “in tbe Wenches” and not ju!

mid- or toplevel administmtom. Other expens me fomer or cumnt consum

ers of human sewices, youth, eldem, foster pmnm, or simply cting cmnmunit

people. ~e pmcticd experience and lack of inductiation into a profession i

psecisely what enables lay people to challenge the professionals at the tablet.

think ‘outside the box’-aod to understand with both beti and mind how help

ing systems hufl as well as help.

me foufih assumption that has been chdlenged:by my work in desig

teams is the notion that evacuation is some ‘objective’ activity that mdy outsid

ers w competent to perfom. In my role as facilitator I am developing th

howkdge and skills to move mom fluidly between the multiple roles of fwili

tator, consultant, mrd evaluator. I am constantly rsying to improve my ability t,

review the group’s milestones in terns of process md outcomes, while simul

tanemrsly feeding this information fowmd as the group continues its evolvini

planning and implementation processes. A centi role is to eqli~I..dl stake

holders in the collabomtion.and the community tok pw of the evduarion de

sign and process. Questions the group is now addressing include: Mat shoul(

we k measuring and bow? Mat pmgmss markem will indicate to us tha

we’~ on the right wwk? How do we make adjustments if we find we’re no

gettiog the results we’re wing to achieve? My role, then, is one that is botl

empowering of stakeholdem and tree to many of the principles of phcipator!

action resemh where success is defined md measured in ways that ass mean

ingful and sclevmt to the lacd community Lawson, 1999; Greenwood &

Levin, 1998; Patton, 1997).

Fifth, arrd finally, I have had to ‘unlearn’ the notion that collaborative worl

is a line~ process: one that works simply through the development of objet.

tives, their implementation, and their evduatimr. hstead I am in the process m

continually m-leaming that complex community change initiatives we neve]

fixed in space and time: they am moving twgets with development stage!

tbatmay resemble a chaos textbook dia~am more tian a farnifiw flow ch~,

Doing work that involves a myriad of coUabomtive pinners and multiple

overlapping and interdependent goals has been ch~enging and, at times fins.

tinting.. It also has been the most rewinding work in which I have ken en.

gaged. It sequins me to link community practice, reseamh, md teaching.

—— —— —— ——— .

-6 =ING =pA~w*.c-MAWumION -

DISCUSSION

When the findings from the faciliratom’ pticipato~ action researeh are

combined with the results from the intcmiew process, several key components

of the design team smcture and process can be identified.

0 Appmntly, the design teams promoted shared thiting, the develop-

ment of shared language, and the design of new collaborative pmctices.

Shared cognition, in combination with affective and inte~mtive lear-

ning,yielded identicd, similw, and compamble outcomes across the four

states (Anderson-Butcher, bwson, & Barkdull, in press).

4 Shared thinking and .outtibmes wem fostered by an important combina-

rimr of team composition+specially the family >xperts~ and by the skill-

ful facilitation of faculty, including their work in creating safe, secure,

and empowering activity settings.

Faculty facilitators rdso Ieamed and developd. Their p~icipatory ac-

tion resewch and the intewiew data sewe to identify commmrdties in

their learning and development.

Design teams need to be safe places where dl participants’ views and be-

fiefs arc valued and app~iated. Design team members’ mspmrses indi-

cate that mti btiers and “pmfessional-knows-kst” attitudes cannot be

left unsaid. They must be expficit learning twgets in the design team pr~

cess. These twgeta ~ imponant preconditions collabomtive Ieming in

the design teams.

Design team membcm need to have ownemhip and be actively involved

in the process.

It is important for teams to develop a common language and mission

(unity of purpose). Team pmccss needs to focus on these important com-

monalries; the facilitator cannot kpose them. The process of developing

these commmrafties is itself an impofiant product, and it may lead to

communities of pmctice.

Facilitators and team members confront tensions and balancing acts.

Specifically, uncertainty and ambiguity m unavoidable when new ser-

vice designs and delive~ systems m involved. So; facihtatom and tem

membem must effectively “nomdize” some”of tfris ambiguity and un-

cemtinty. As one of the faculty facilitators obsewed, this desi~ te~

work is like “building a plane while flying it” and then “flying by the seat

of my pants.”

On the other hfid, there appem to be a tolemnce tbmsbold or tiupin~

point where uncefiainty and ‘mzrbiguity become a problem. Here, it ~~im~

perative that facititatom and team members achieve ao effective balance

1

hso” et d.

L ktween explomto~ learning processes and team membcm’ percep

0

of concrete tasks related to specific practice needs and problems. h otier

words, while the process (i.e., mlatimrship building, tuti-basbing, tmst

establishing, etc.) is itself an impomt product, teams afso need mngible

gods and concrete outcomes. These gods and outcomes help to engage

and retain team membms. They dso provide a focus, helping facilitators

and team membcm to “keep their eyes on the prize.”

Design teams and collaborative learning take time, They m not neces-

stily more efficient than conventional tmining.

Facititatom “make or bmti the design team process. ~ey complete

work behind the scenes, including retaining team members who may ~-

come impatient with the process. Facifitatom must know how and when

to recognize, key learning and development pmes~s and events for each

team. Facilitators’ dso must be able to hwest key findings and lessons

Ieamed and feed them back and foward into tfre design team process.

Without these products, team membem may wonder whether they have

accomplished anything of value.

Es~cidly in tbe emly phases of the design team process, membem aze

prone to see their involvement as time away from their red jobs. ~ese

~rceptions ‘indicate needs for improved finkages btwecrs~changing

agency expectations and job descriptions, on the one hand, and design

team processes and goafs, on the other.

Faculty facihtators wtiomr a kind of community sncid work related to

collabomtive Ieaming and the design teams. In community settings so

cid work practice usuafly includes bound~ crossing, relationship

building, resoume mobilization, and swengths-based, solution focused

intementimrs. ~ese components of effective community practice m the

same ones quired of faculty facilitators. And, just as practice in com-

munities depends on engaging and ~taining client phcipatimr, so too,

do design teams deynd on the abitities of facilitators and key design

team membem to mcmit and retain other members; and to build effective

working relationships among them.

For a host of masons, some team membem m not seady for design team

pficipation, or for the multiple fores of collaborative practice it enables.

For example, they lack the commitments, patience, and prepamtimr for a

Imrg-teti learning process sutimrded by ambiguity. and uncenainty, and

they hay not shm perceptions of the need for systems and cress-systems

chmge. Although conversion experiences nccumd in some desire teams,

dmp out was a pemistent problem, and it cannot & avoided. -

m8

.

.

m~c Wp’- “N*cwE~ff~w’QN -

The involvement of fatily expcfls was a pivotuJ pm of the design tem

process, bnth for facilitator and for team membcm. Family expem have

knowledge and prspeetives that help professionals see themselves, each

other, and their systems in new ways.

Fmilv exDens indicated that the design temn orwess wm enriching and, –. . -.

in a few cmes, it was describd m life chsnging. ~ese powerful tes~mw

nies suggest that design temrrs offer impo~nt conrnbutions to the well

being of furrrily expefis, including their willingness md abiJity to secure

employment. ~ls finding, while semndlpitous, suggests that design

temns may sewe “clients” in ways that conventional sewice strategies do

not.

o Because design temns Me ve~ diffe~nt from conventional trtining,

persons expecting training will voice their fmstration and disappoint-

ment.

G Sinrilwly, the initial cohofi of faculty facilitator was nnt pmpmd to ad-

dress the key diffe~nces between design teams as learning systems mrd

trtining systems. ~anks to the ev~uation mrd related knowledge devel-

opment, future faculty faciJitntom cm receive better p~pmatimr for their

roles rmd mspnsibilities; and they sfso cm help temn members under-

stand, from the be~nning, the differences &we&n the design team pro

cess and conventional trtining.

. Facilitstnrs, like tem members, also have needs for suppons kcause

design temns m new. Fnr example, facilitator wmted and needed “crit-

icsJ ffiends” who could debrief them. Other faculty who mnve from

tmining systems to leming systems also will need suppotis for this dm-

matic transition.

We conclude with a meta-evduatimr finding. Design terns, systems chunge,

md cress-systems chmge pose immense challenges for evaluation. For exmn-

ple, tiIs evduarion urihzed ins~ments, evaluative criteria, md methods often

tisociated with trnining systems. The grwts that suppomed this initiative m-

quimd a training-oriented focus on inditiduds; their leming, md competency

development. Although this kind of evaluation is consistent with some social

leming theories, it is inconsistent with the aspects of the design team model

md its lesrrring systems.

Fumn evaluations should attend to temn dynmics md temn membrs’

work settings. Identity md caeer-mltied dynatics and chmrges alsn require

more attention.

Tn be sure, competency development is stiJJ impnmmt. However, com~-

tencies w merely fists. The most impotit evaluation criterion is the extent to

-9---.1- ---9

which individual and group members demmrstmte that powetiul leming and

development have nccumd. Evidence in suppon of this Ienrning and develop

ment is provided by measures nf the extent to which they have transformed

~eir ptiicipation, pmctices, identities, nrgaizatinns, mrd instimtionrd set-

tings (e.g., Rogoff, 1998; Wenger, 1999). ~ese mmsfomations me the es-

sence of systems chmge and cross-systems change.

Akmatby, B. (2000, September). Jatiucing the work of the El Pmo County. Col-

rado design rem. hsenred at the New Centmy Child Welfwe md Fmily SupPfl

National CoMemnce, Snowbud, UT.

h~s, C. (1996). Actionable knowledge Design causality in the sewice of conx-

quential tbco~. Jdumal ofApplied Behmioral Science, 32, 39@406.

~yris, C., & Scb&n, D. (1996). Organizational leaming’11: ~eoq, meibd, ati

practice. Reading, ~ Addimn Wesley.

Andenon-Butcher, D., Lawson, H., & Btidull, C., (in press). An evaluation of child

welfwe design teams in fo~ swtes. me Journal of Hea/rh ati Socia/ Po/ig.

bwson, H. (2000, September). Tmiting systems, Iefing systems, ad the challenges

of intewention ad evduatimr. National Child Welfm Cmrfe~nce New Cennny

fmrovations for Vulnemble Cbildmn, Youth, md Famihes. Snowbird, UT.

bwson, H.A., & Btidull, C. (2001). Gtining the collahmrive advantage md pm-

morbrgsystems md cmss-systems chmge. Jn A. Sdlce, K. Briw-hwsoq & H. A.

bwson (Eda.). NW Cenrury Practice wirh Child We~are Families (pp. 245-270).

k Cmces, ~: Eddie Bowem.

bwson, H., Petemen, N., & Bri~-hwson, K. (2M 1). Fmm conventional mdning to

empwering design scams for collabomtion md systems change. [n A, Sallee, H.

Lawson, & K, Briu-bwson @s.), lnmvarive practice$ with vulnerable children

ad families (pp. 361-392). Dubuque, M “Mdie Bowem Pabtishem, Inc.

Rogoff, B. (1998). Cognition as collabnmtive process. In D. Kuhn & R. Siegler (Eds.),

HO&OOk of child pSYCbIOgY, VOlums2 @p. 679-7@). New York Job wileY&

sow.

Wenger, E. ( 1999). Comwnities ofpracrice: tiaming, meaning, and identity. London

& New Yo* Cambridge Univemity Rss.

I

I

I

Frequently

I

Asked

Questions

1 About American Indian/Alaska Native Kids

in Utah

‘1 1 Who is an Indian child?

I

Under the Indian Child Welfare Act (ICWA), a child” is Indian/Native if she ar he is under the age af 18 isunmarried and has a mother ar father who is a member of an Indian tribe. me child must also be a memberof a tribe w be eligible for membership. ALWAYS, it is the Tribe that determines whether the child is a

‘1

member.

! What is a Tribe?

1

A “tribe” is defined by the U.S. Department af the Interior, Bureau of Indian Affairs in Washington, DC, as

a collective of Indigenous people wha have formalized, through a traty process, their relationship with the

U.S. government, An official list is published in the Federal Register, usually in the month of March

~1

annually. As of March 2002, there are 568 federally recognized tribes and over 100 applications for tribol

recognition in pragress.

11 What is ICWA?

The Indian Child Welfare Act (ICWA) is a law that applies to all American Indian and Alaska Native tribes

I

listed in the Federal Register. ICWA supports Indian tribes’ authority over their members and the well

being of Indian children and families.

~~Why is the Iawonly for an lndian child?

History tells us why Indian tribes are savereign nations, The U.S. governmat has a special relationship

I

with Indian nations that it does not have with any ather peoples in our country.

Ooes the law apply to people living away from Indian reservations?

I

Many beheve that the law only applies to Indian children living on reservations the law applies to &

Indian children wherever they may live and under whatever family condition the child may live .. birth or

foster or adopted family.

,1

Mah Native Amsrican ~ldren’s titition

I

‘1

395 S 1500 E Qm111,tilt kke CiW. UT 84112-0260Telephom 801.585,3821 Telefm 801,585.6865 Issue data May2003

FAQs: American Indian/Alaska Native Kids 2

I How does the law work?

First, ICWA means that every effort will be made to try to keep families together. If removal is

I

necessary,everything passible must be done to bring the fami Iy back together. Services that are sasitive

to the family’s culture must be offered.

I

Secondly, if a child is removed, ICWA requires that ~ child welfare agencies make active efforts to

place the child with (1) relatives, (2) a tribal family, or (3) an Indian family before placing the child in a non-

Indian home.

1 How many Indian/Native children live in Utah?

Ac~ording to the 2002 KIDS COUNT (www.aecf,orq/kidscount) reports, there are at least 11,618

Indian/Native children under the age of 18 living in Utah. As Indian/Native people we ask that you

recognize our distrust associated with data gathering and data reporting. The distrust is rooted in our

differences from mainstream America. Consequently, numbers (data) are always suspect and unreliable, but

the “best guess” ~t that point in time.

Countina the Kids American Indian/Alaska Native Two or More Races*

Population under age 18 11,618 24$696

Under 5 ymrs 3,015 9,055

5 to 9 years 3,269 7,015

10 to 14 ymrs 3,414 5,554

15 to 17 years 1,920 3,072

* “Two or More Rae-” are reported since Indian/Native chi Idren are likely a portion of this category, too.

The percent of children in Utah who are multiracial was reported as 3.470; consequently 3.470 of 24,696

would increase the population under age 18 by 840 = 12,458, me number of kids reported as being “White

and American Indian or Alaska Native” under the age of 18 was 3,551 + 11,618 = 15,169. The numbers

became more complex when adults are added ta the equation,

The number af Indian/Native children living in households was reported as 11,389. If we do simple

mathematics calculations: 11,618-11,389 = 229 children nat living in households. According to the report,

229 is the number af Indian/Native children “living in group qmrtcrs” with 57 of them Iivinq in

‘1

institutionalized group quarters and 172 of the childra living in noninstitutionalized group settings.

~ What do I really need to know about Indian/Native kids?

I

l Most Indian/Native kids ~ high risk kids they have experienced a variety of challenges and pain

b Most Indian/Native kids have be~ near or experienced suicide, drugs, alcahal, illness, AIbS/HIV,

abuse, violence, pollution, terrarism, hopelessness, disasters, hopelessness, traditional and cultural lass,

,1

loss of values and the list goes on

P AS adults, it is up to us to work out our own “stuff” so that we A rate models for Indian/Native kids

l Whm you look in-depth at the kids and families ,.. see the family system dynamics. See the family

!1

addictive processes, abuse, neglect, and abandonm~t issues. Ask what destructive impacts these issues

may have caused the Indian/Native children).

b And, finally, ask yourself how can I help, not hurt, this Indian/Native child?

I

I

I

i

I

1

I

Frequently

I Asked

I Questions

I About American Indian/Alaska Native Kids

in Utah

II ; Who is an Indian child?

I

Under the Indian Child Welfare Act (ICWA), a child is Indian/Notive if she or he is under the age of 18 is

unmarried ond has o mother or fother who is o member of an Indion tribe. The child must OISObe a member

of o tribe y be eligible for membership. ALWAYS, it is the Tribe thot determines whether the chi Id is a

I

member,

What is a Tribe?

I

A “tribe” is defined by the U.S. Deportment of the Interior, Bureou of Indian Affoirs in Washington, DC, osa collective of Indigenous people who hove formalized, through a trmty process, their relationship with theU.S. governmmt. An officiol list is published in the Federal Register, usually in the month of MarchIannuolly.AsofMorch2002,thereore568federollyrecognizedtribesondover 100 opplicotionsfortribol recognition in progress.b hat is ICWA?The Indian Child Welfare Act (ICWA) is o lowthot opplies to 011 American Indian and Alaska Wtive tribes1listed intheFederolRegister.ICWAsupportsIndiantribes’authorityovertheirmembersandthewell being of Indian chlldra ond fomilies.F hy is the law only for an Indian child?History tells us why ... Indian tribes ore sovereign notions. The U.S. governmat has a special reiotimsshipIwithIndiannationsthatitdoesnothovewithonyotherpeoplesinourcountry.Does the law apply to people living away from Indian reservations?IMonybeheve thotthelawonlyoppliestoIndionchildralivingonreservationsthelowappliestoU Indion children wherever they may live ond under whatever family condition the child moy live birth orfoster or odopted family,IUtah Nat;ve Amwicon Ctildren’s CoalitionI395S1500 ERm111,%It&keCi~,UT84112-0260 Telephone 801,585.3821 Telefu 801,585.6865 lSSW date May 2003

I

I

.

FAQs: AmericanIndian/Alaska Native Kds 2

I How does the law wark?

I

Rrst, ICWA means thot every effort will be made to try to keep fomilies together. If removal is

nwessary, ever~hing possible must be done to bring the family bock together. Services that ore sasitive

to the fomily’s culture must be offered.

I

Secondly, if a child is removed, ICWA requires thot ~ child welfore agencies moke active efforts to

place the child with (1) relatives, (2) a tribal family, or (3) an Indian family before placing the child in o non-

In&an home,

I How many Indian/Native children live in Utah?

Ac~ording to the 2002 KIbS COUNT (www.aecf.orq/kidscount) reports, there are at least 11,618

Indian/Native childra under the age of 18 living in Utah. As Indian/Notive people we ask that yau

recognize our distrust associated with data gathering and data reporting. The distrust is rooted in our

differmces from mainstream America. Consquent&, numbers (data) are always suspect and unreliable, but

the “best guess” at thot paint in time.

Countina the Uds American Indian/Alaska Native

Population underage 18 11,618

Under 5 ymrs 3,015

5 to 9 years 3,269

10 ta 14 years 3,414

15 to 17 years 1,920

Two or More Races*

24,696

93055

7,015

5,554

3,072

* “Two or Mare Races” ore reported since Indian/Native children are likely a portion af this category, too.

me percent of children in Utah who are multiracial was reported as 3.470; cons~uently 3.470 of 24,696

wauld increose the population under age 18 by 840 = 12,458. The number of kids reported as being “White

and American Indian or A Iasko Native” under the age of 18 wos 3,551 + 11,618= 15,169. The numbers

became more complex when odults ore added to the equotion.

The number af Indion/Native children living in households was reported as 11,389. If we do simple

mathematics calculations 11,618-11,389 = 229 children not living in households. According to the report,

229 is the number af Indion/Native children .hving in group quorters” with 57 of them living in

Institutionalized group quorters and 172 of the children living in noninstitutianolized group settings.

‘s

What do I really need to know about Indian/Native kids?

MostIndian/Wtive kids~ highrisk kids ... they hoveexperienceda variety of challmgesandpoin

~1 : Mast Indion/Notive kids hove bea nmr or experienced suicide, drugs, alcohol, illn~s, AIDS/HIV,

abuse, violence, pollutian, terrorism, hopelessness, disasters, hopelessness, traditional and cultural loss,

loss of volues ... and the list goes on

II . AS adults, it is up to us to work aut our own “stuffi so that we - role models for Indian/Native kids

l When you look in-depth at the kids and families see the family system dynamics. See the family

I

addictive processes, abuse, neglect, and abandonment issues. Ask whet destructive impacts these issues

may hove caused the Indion/Native children).

1’ And, finally, ask yaurself ... how con I help, not hurt, this Indian/Native child?

,

I

\

I

I

4

I

I

I

I

I

I

I

I

.1

I

I

I

,.,.,,,,

.!4

Especially for American Indian and’ ;,,:.,,,

Alaska Nativ@ children in Utah who “;),

have been placed in foster care or who 1“”,

1; ~~’ ~hil.dren

:, ij :,

~[~{f”Day Planner have been adopted . . and their : , A’,.families. ‘Y;y’ ,,..;,,@~-Saturday. May 18, 2002 Indian Walk-In Center = Salt Lake City, UT 10:00-10:30 am10:30-11:3011:30-12:30 pmWelcome&IntroductionsMiniSessions”forsmallgroups(dreamcatchers;orbeadworkorvisiting,anelder) Big Session for everyone toImrn about the Indian flute,storytelling, and hoop dancingAfiernoon S=siom:1:00-2:00 pm 2:00-3:00 pm 3:00-3:304:00-6:00 pd MiniSessionsforsmallgroups~htrealwithtobacco”;orIndianparenting 101;orFunpapervillage)Big%ssionforeveryonetolearnaboutPowwowetiquette,traditionaldancing,andmakingyourpowwowoutfitClosingtheGrclein~atiedWay binner break on your own;please return for the Powwow 12:30- 1:00 pm

Lunch will be provided for everyone.

This is an opportunity to expand

your “family circle.”

Evening Event:

6:00-10:00 pm Powwow Celebration

Forrest Cuch will deliver ~v. Leavitt’s

Proclamation

This is a family event.

Security will be enforced.

M alcohol, drugs or weaponsallowed.

The co-sponsorsare not responsible for

lost items, thefts, accidents or injuries.

.. .

.

!’!,,

,“:

-!+

Especially for American Indian and!:~l,,

Alaska Native children in Utah who “~~

have been placed in foster care or who‘~:~

have been adopted ... and their “$

families.

Sa?urdayoMay 18, 2002

Indian Walk-In Center * Salt Lake City, UT

1000- iO:30 am

10:30-11:30

11:30-12:30 pm

Welcome & Introductions

Mini Session5 for small groups

(dram catchers; or beadwork

or visiting ,anelder)

Big Session for eve~one to

l~rn about the Indian flute,

storytelling, and hoopdancing

Afiernoon &ssiom:

1:00-2:00 pm

2:00 ~ 3:00 pm

3:00-3:30

4:m -6:00 PA

Mini Sessionsfor small groups

~Get real with tobacco”; or

Indian parenting 101;or Fun

paper village)

Big Session for everyone to

Imrn about Powwowetiquette,

traditional dancing,and making

your powwowoutfit

Closingthe Circle in~aGood Way

binner break on your own;

pl@aseretirn for the Powwow

i2:30 -1:00 pm

Lunch will be provided for everyone.

This is an opportunity to expand

your “family circle.”

Evening Event:

6:00-10:00 pm Powwow Celebration

Forrest Cuch will d@liver Gav. kavitt’s

Proclamation

This is a family event.

Security will be ,enforced.

M alcohol, drugs or weapons allowed.

The co-sponsors are not responsible for

lost items, thefts, accidents or injuries.

~,:y\,,\ :),,i,}

I

I

, secondAnnual Indian @

child welfareconference

Monday, April 29, 2002

9:00 am to 4:oopm

@unchWinn beprovfided)

Salt hke timmunity tillege

Miller Gmpus

9750 South 300 W~t

Sandy, Utih

f You do not want to miss this one-day conference, “~ha~ !

does the Indian ChiId Welfare Act 100k like when \

effectively applied?99

Come to the conference to be enlightened by presenters

with cultural expertise in advocating for Native

herican children and be entertained by Native

berican children.

Please make your own hotel arrangements. To register for the

conference and be counted for iunch please submit your name,

address, telephone number and region by email, Wfi, or phoue to:

Savania Tsosie

Email: stsosie@,hs.state. ut.us

FM: 801.538.3993

1

Telephone: 801.538.4146

I

I

I

Conference

4

8:00 am

900 am

9:10am

10:30 am

10:45 am

Agenda

Flute rnwic by Nino Reyos

Registration (continental breakfast)

Welcome

Blessing of the Conference

Sbosboni Flag Song

Posting of tbe Flags

Introduction of FIoyd Wyasket and Josephine

Halfiide

Break

Panel Presentation

Otiencia Puhuyaoma, Selena Curley,

Gwen Davis, Kayla Hatch, Robeti DePoe, bri

f

Skiby, Kasley LaRose and Minnie Grant

Noon Lunch (to be provided)

1:15 pm Breakout Sessions

.

.

l

.

.

2:15 pm

2:30 pm

t 3:30 pm

Using tbe Functional Awccament to

Understand the Development of Native

American Children

Indian Parenting hsues and Traditions:

Using CrdturaI and Individual Strengths to

Meet Family Needs

Prevent tbe Breakup nf Indian Famiti&

tbrnugh tbe Use of Community Semic=

and Tribal Recources

Creating Permanency and Concurrent

Planning that ia ICWA Friendly

ICWA 101

Pickup conference folder and

q umber for the “Giveaway”

Richard Andemon

Harry James, Navajo

Justina Oppenbein

Savania Tsosie

Tribal Indian Child Welfare

Specialist

Lauren WooIboy and

tione Tavenpont

Myrna Gooden and

Jn Ovetinn

Minnie Gmnt and

Lynne Hall

Seleoa Curley, Juanita Young,

and Robeti DePoe

Josephine Halfhide

Alexis Cornpeach, Ute

PrincMs Rnyalty

Break

Rotate ... Secnnd Round of Breakout S-sions

Closing Sign Language of the ‘hrd~s Prayer”

I

I

I

1

1

I

I

I I

I III

, secondAnnual Indian #

child welfare conference

Monday, April 29, 2002

9:00 am to 4:oopm

(Lumch will be provided)

Salt kke timmunity bllege

Miller Qmpus

9750 South 300 West

Sandy, U&h

1 You do not want to miss this one-day conference, “What !

does the ~ndian Child Welfare Act 100k like where 1

effectively appIied?99

Come to the conference to be enlightened by presenters

with cultural expertise in advocating for Native

tierican children and be entertained by Native

kerican children.

Please make your own hotel arrangements. To register for the

conference and be counted for lunch please submit your name,

address, telephone number and region by email, FX, or phone to:

$avania Tsosie

Email: stsosie@,hs.state.ut.us

FM: 801.538.3993

r

Telephone: 801.538.4146

1

I

I

I

I

Second Annual Indian Child Welfare Conference

4

S00 am

900 am

9:10 am

10:30 am

10:45 am

f

Noon

1:15 pm

Agenda

Flute music by Nino Reyos

Registration (continental breakfast)

Welcome

B16sing of the Conference

Shoshoni Flag Song

Posting of the Flags

Introduction of Floyd Wyasket and Josephine

Halfhide

Break

Panel Pr6entati0n

Otiencia Puhuyaoma, Selena Curley,

Gwen Davis, Kayla Hatch, Roheti DePne, bri

Skiby, Kessley LaRose and Minnie Grant

Lunch (to be provided)

Breakout Sessions

.

,

.

.

.

Using the Functional Aas-sment to

Undemtand the Development of Native

Amerimn Children

Indian Parenting Issu- and Tmditinns:

Using Cultural and Individual Strengths to

Meet Family Needs

Prevent the Breakup of Indian Famih~

through the Use of Community Sewic~

and Tribal Rarmrcu

Creating Permanency and Concurrent

Planning that in ICWA Friendly

ICWA 101

Pickop conference fnlder and

number for tbe ‘Giveawayn

Richard Andemon

Har~ Jamm, Navajo

Justina Oppenhein

Savania Tsosie

Tribal Indian Child Welfare

SpeciaUsta

Lauren Woolbny and

hone Tavenpont

Myrna Gooden and

Jo Ovetion

Minnie Grant and

Lynne Hall

Selena Curley, Juanita Young,

and Rnbeti DePne

Josephine Hal fiide

2:15 pm

2:30 pm

i 3:30 pm

Break

Rotate ... Second Round of Breaknut Smsions

Closing: Sign Language of the ‘Lord$s Prayer” Alexis Cornpeach, Ute

Princtis Royalty

I

-ma--m- ------m -----

Colomdo lCWA T~k Force

Mmch 6,2002

M&ion Statemmf , .,. . .. ,!, ‘,

Co[omdo hdim C~ldW@l~ AqjTesk Force.:.:, :..:

: ,... .,, :. ,:

. . :, :, ,,”:,..,.,,. . ,, ,.. ,~,..,.,.~~.’:.. ~f,,. . : .-.:.:,’i, ~.’,,.,.:;.

., ,..~. .-p., *, .:.;:.,...

:. :.~~ : i~i,~:?::y: :;..~,,~ .’;’,.. ;: : ,,

, :“.. ;; ~J>,!~l.<f,. :.:.”: ,.),.:. :.. ,,:,’,’,..,.. ,...; :*.:.:,J ,!:i;,:.,: .,,.,,,,: ., .,.’, +~;;; .....$..’ ::.: , ... : ‘.,.., ,. ,. ,,, ,., .,~:: ,,,:; ,::.$ ;,.. ,.y ‘... .,,,, .:, ::.!,?:, ...:,..., ,,,; :; *:... .i

The mission”nf~e Colomdo ICWA Taak Force is to promote ColO&do’s ongo~g fill compfimce with the ~dim Child Wilfme ACLh bo& the letter””~d

the sptit of the law. ~erefom, fi oder to efimce the well-betig of hdim chiltien md fmilies, the mission includes both the tecti]cal application of the

law md the delive~ of cultially responsive sewices. The mission will he facifimted tiougb a collabomtive ad open process among American hdim

cmmnmity mmnbrs, state, comty, tiibal md cmmmmity ctild welfae atiti]stiatom md providms, judlci~ persomel ad otbm child welfme advocacy

md sewice providers.

1

Goal 1: work Group A) Irrstitutimra~ie the howledge of the Indian Child

Welfare Ati

A. Increase the r~ponsivenss of the child welfare svstem to Amerimn

Indian families ~hrough increased and improved ~CWA competence of

chiId welfare caseworkers

Next Work Group Meettig to be detembed

Tasks at hand

1. M&e ongotig fomal md irrfomal

tiirriig in I~WA available to all

cmurty harnm sewices dep~en~

md Child Placement Agencies

2. Review tifomation on ICWA h CD-

ROM

3. Develop sfiplified ~d~dimd

lCWA practice tools, such m

chec~lsb

1. Irrmeaae oppomities for tmirrirrg of

titiera with cticulm that k

consistent m well m cul-lly md

tecbicrdly appropriate. Dkmiute Iiat

of ICWA Tfim to couties.

i. Appoirrt a comiw to review s~ial

work cticula md m&e

recomendatimrs to schmds

1.’.

2.

3.

4.

5,

6.

7.

ASSW mat core ~Wg contarm mtO~atrOn md guidmcc on lC WA is

tcctiIcally comes md cultily appropriate.

Update c=ewo~m on irrrptimtions of ICWA on ASFA (Adoption sad Safe

Fmilies Act) md ~PA-N Multi-eti]c Placement Act md htsr-etilc

adoption protision)

Provide ongohg ICWA ~timg for cmeworkers

Hue more hericm hdim cmeworkem

hcreme skills h culmmlly responsive irrtewiewtig

Reduce prejudice by promottig m uderatidmg of cul~al values, levels of

acculturation, md historical trswa of Arrreri~ frrdia people.

Assure irrclusion of ICWA h Colorado’s hi~er education curricula for swial work

pmctice.

Timetirrw R=ponsihle Agency or persons

Core I: Fdl 2001 Art AWell, Colomdo Smte Humm

Supewisor mre tratitig Sprirrg 2002 Sewices

Updates to begirr Sprirrg 2002. Art AWell

Complete by swer 2002.

Issued h August 2002.

Jme 2000 Work Group

Jue 2001

Jme 24,2002

Jm Shelley D~RC- htake fom ad

htie checkfkt.

Btim Rilhore to check on adoption

md ongoiag fores.

Discuss at Taak Force meetirrg April 1, Work Group

2002.

May 2001

Jmuw 2002

1’

Accomplishments to date Colomdo Child Welfm Praaice Hmdbmkhm been revised,Task 1 is complete.Colorado Hurrrm Semites h= collabomtedwith NfCWA to produce m ICWA pmcticebirrder} Tmhirrg for a Iirnited nrrrrrber ofcmeworke~ ad supewisors ti DenverMe&o arrd SW COIOAO hm beenprovided by MCWA tiirrem> Montia md Srmrh Dakoti checklisbreviewedP Mon@a’s adoption fom nee& to be retitten aad reviewed by the AG’soffice for confidmtidkyP Denver county attorney’s ofice provided tikirrg for DDHS cmeworkeraNeed to irrvestigate how tidirrg wouldbe provided to irrcreme the circle oftitiers ,.. who pays for the wfitigcosts? Who pays the tier,s tke(dq)?A&s Couty hm provided mmdato~tratiig for cmeworkera md supewisom9 Myrrra Gden maild smples ofUnivemity of Uti BSW syllabi wemsent to Bsrbm Rilkore md Debod 2

------- ------- -D---

homm

Revised November 2001 1. Incmme identification of ICWA eligible chiltien

2. Mutate fmilies about their righG mder ICWA

Next Work Group Meetti& May 13,2002 at DHS from 10 m to noon 3. Encoumge compliance with ICWA placement preferences tiough ezly

identification of emended fmily, tibal or other hrdlm homes

4. Inc~me capacity for tribal notification md co~ahumtion h out of home placemenw

5. hcreme recmimmt md ctiification of Aruericm hdim foster ad tioptive

fmities

6. Etimce oppomities for CU1-I education for foster pwenta

Tasks at band TimeIinw Responsible agency or pemmrs Accomplishments to date

1. Adms Comty is workfig on Legal work group hm the tnol md will Ltida MeBger will follow up with Mtilee Colomdo Hum Sewices titie daabme

msessment of mces~ tool (Jm mke xcomendations abut is use.

Shelley)

on the Iegd comitt= re: stitis of the now has drnp down boxes with dl

Need to coordinate with them. tool. fedemlly reco~hd tibes md options to

Recomend that ICWA Tmkforce ~view, select more thm one tibe

edit md appruve by Januw 2002.

2. Review mcesq mwssment tnul for If approved submit to B. Kllhore for Bwbm Kilhore, AL, Lhda MeSger- h ICWA prnnphlet for use with fmilies

cultil appropriateness md distibute appruval md dishibute m Agency letter core titiig. wm modified frum U.S. Children’s

to comties Mach 2002. Ned to be ticluded h Bureau TOCW et and is now onltie at

Com Ttitig. Cnlomdo Hum Semites world wide

web homepage

3. Advoca@ for msessment of mcestry hcorpomte with FGC by Mach 2002 Mary Bush will ~k with Cmol Kelly A resowce Wide with culmlly

in fmily gruup cotierenctig, and at when approved.

ev~ point h the pemmency

appropriate msessment questions wm

publiabed (TOCRA) md disml%utedto

pl-tig process. ICWA Taak Force members frum cuunty

dep-ens

4, Tmh cment foster pzenta on ICWA, k Need a Volwe 7 mle chmge ti order D Bmbara KIlhoR md Mq Griffin hrfomation on ICWA hm been

culml needs of chlltien md for it to go out to all new FP. would need to do the rule change. d~tibuted at commity finctions md

contirruhg msessment of mcestry > Stnte FP Confermrce (October 2002) > Delktie will check ~to tmtiig trahhgs in Memo ma (DIFRC)

> Stab IV-E Conference Federrd tided possibilities with Belva Morrison md

mhhg? possible fedeml fidtig.

> Grmdpment trntiig Wice a yew? > Mmk will check will CSFPA to see

about titihg at FP Conference

> Linda will check fur next yea IV-E

conference.

> Catholic Chtities- Jemy/ State

Tmiuing

> Ati Wihna- GmdparenW D~C-

Pearl? Wuuld coordhate grrurdpnrent

tihirrg

> MW will check with De& Millich of

Southern Ute if irrtemstcd h tititig.

> WII1do these by next meettig

j. Identify hdim childrm m “legal Volue 7 mle chmge for tmtitig for MW will cnnbct Bhm Kihom m tn BW tibal leadem’ list h~ been expmded

ris~’ irr pre-adoptive pment mintig adoptive pmnfi md foster p~errfi. the possibility of all recomendatiom for to ticlude ICWA, emolhent md Coti

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Second Re&lar Session

Sixty-third Gneral Assemb!y

STATE OF COLORADO

~TRODUCED

LLS NO. 02-0139.01 Jamifer Gilroy HOUSE BILL 02-1064

HOUSE SPONSORS~

WllUamsS., Alexander, and Cloer

SENATE SPONSORS~

kgar, ati Enti

House Committees Senate Committees

CItil Jmtiw & Judiciary

A B~L FOR AN ACT

101 cONCEmG STATDTORY CHANGES TO ENHANCE CONSISTENT

102 COmLJANCE WH THE FEDERAL “~IAN CHILD WELFARE

103 AcT” STATEWDE.

BiU Summa~

mote: ~is summa~ applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently

adopted.)

Recognizes Colorado3 commitment to consistent application of

and compliance with the federal “hdian Child Welfare Act” ~act”)

statewide. Requires the petition in those types of cases to which the act

aPPlies, ~clud~g certain juvenile delinquency proceedings, dependency

or neglect proceedings, termination of parental rights proceedin~, and

adoption proceedings, to include a statement concerning the efforts made

to detetie whether the child who is the subject of the proceeding is an

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hdian child, and, if so, the identity of the hdian child’s tribe. M so

identified, requires the petitioning party to send notice of the proceeding

to the hdian chlldi tribe by certified mail, return receipt requested, and

to attach the postal receipt to the petition. Requires the court in those

cases in which the petition does not disclose whether or not the subject

child is an hdian child, to inquire of the parties at the fwst hearing

whether the child is an hrdian child and if so, whether the parties have

complied with the procedural requirements set forth in the act.

Encourages the state department and tie county departments of

social services to work cooperatively in exchanging information they may

have about hdian tribes outside the state of Colorado.

Directs that the informational notice of rights and remedies for

families required to be prepared by the state department of human

services in dependency or neglect mes be in writing and include a

notification of rights of parents and legsl guardim of hdlan children,

pursuant to the act.

Defines certain terms.

Be it enacted by the General Assemb@ of the State of Colorado:

SECTION 1. Le~slative declaration. (1) The general assembly

hereby finds that

(a) Historically, an alarmingly high percentage ofhdirur families

were disrupted by the removal, often unwarranted, of their children by

non-tribal public and ptivate agencies and that a disturbin~y high

percentage of those children were placed in non-kdian foster and

adoptive homes and institutions;

@) & a result of these actions, thousands of hdian fafilies,

tribal nations, and entire cultures were devastated;

(c) The states, in exercising their reco@xd jurisdiction over

hdian child custody proceedings through administrative and judicial

bodies, historically failed to recognize the essential tibal relations of

kdlan people and the cultural and social standards prevailing in hdian

conuruurities and cultures;

(d) h response to these circumstances, the United States congress

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passed the federal “hdian Child Welfare Act”, 25 U.S.C. sec. 1901, in

1978, to protect and promote the stability and security of hdian tribes

and families by the establishment of tilmum federal standards for the

removal of kdian children horn their families and for the placement of

such children in foster or adoptive homes that would reflect the unique

values of hdiarr culture by providing for assistance to kdian tribes h the

operation of child and family service programs;

(e) A critical element of the “hdian Child Welfare Act” includes

the provision of notice to an hdirm chlld~ tribe when a state court

proceeding is commenced that could result k the placement of the hdian

child out of his or her home so that the chlldk tribe may be given the

opportunity to transfer the case to a tribal court or otherwise participate

in the state court proceedirr~

(~ h order to achieve these goals it is crocial to detetie,

consistently and faithfully, whether children who are the subject of such

types of state coort proceedings are hdian chiIdren and to insure that, if

so, appropriate and timely notice is provided;

(g) Colorado recowizes the importance of the procedures

mandated by the federal “kdIarr Child Welfare Act” aired at the

preservation of and sensitivity to a culture and community devoted to its

children and families;

~) me state of Colorado is committed to consistent application

of and compliance with the provisions of the federal “hdlarr Child

Welfare Act” throughout the state to ensure that proper notice is provided

and procedures followed as specified by the act when state court actions

brought pursuant to the “Colorado Cbildrenk Code”, title 19 of the

Colorado Revised Stitutes, hvolve hdian childre~ and

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O) nere is nothiig more vital to the continued existence and

integrity of hdiarr tribes than their children.

(2) Accordingly, the general assembly hereby determines and

declares that it is appropriate and in the best interests of the hdian

families intended to be protected by the terms of the federd “hdian Child

Welfare Act”, and the hdiarr children represented thereby, that certain

provisions be added to the “Colorado Chlldrenk Code” to ensure

consistent and reliable compliance with the federal act for the protection

of hdian children within the state of Colorado.

SECTION 2. 19-1-103, Colorado Revised Statutes, is amended

BY= ADD~ON OF T~ FOLLOW~G NEW S~SEC~ONS to

read:

19-1-103. Detiltions. As used in tils title or in the specified

portion of tils title, unless the context otherwise requires:

(65.3) “INDrAN C~D” MEANS AN~D PERSON WHO1S

YO~GER THAN EIGHTEENYEARS OFAGE AND WHO ISE~R

(a) A MEMBER OF AN INDrAN mm OR

@) ELIGmLE FOR mMBERSm m AN INDrAN ~E ANDWHOIS

~ BIOLOGICAL C~D OF A MEMBER OFAN INDM ~E.

(65.5) “INDw C~Dk ~E” ~ANS:

(a) T~INDw~Ew mCHANINDmCmD ISAmmEROR

ELIG~LEFOR ~MBERS~, OR

~) IN~ CASE OF AN lNDrANC~D WO ISA ME~ER OF OR

ELIG5LEFOR ME~ERS~ N MORE THAN ON ~E, THE INDrAN ~E

W~ W~CH ~ INDrAN C~D HAS~ MOST SIGmICANT CONTACTS.

(65.7) “lNDM~E” MEANS ANINDWmE, BAND,NATION,OR

OTHER ORGANDD GROW OR COM~ OF lNDmS RECOGWD AS

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ELIGMLE FOR ~ GOVEWNTAL SERWCES PROV~ED TO ~WS

BECAUSE OF THER STATUS AS IND~S.

SEC~ON 3. Part 1 of article 1 of title 19, Colorado Revised

Sta~tes, is amended BY ~ ADD~ON OF A NEW SECTION to

read:

19-1-126. Compliance with the federal “Indian Child Welfare

Act”. (1) COMNCmG mTY DAYS -R m EFFECm DATS OF

~S SE~ON, W EACH CASEFLED PURSUANTTG ~S TrrLETOW~CHTHE

TEmS OFTHE FEDERAL“INDMN CmD WELFARE An”, 25U.S.C.SEC.

1901, APPLY, NCLUD~G BUT NOT LMrTED TO CERT~ ~EN~E

DELINQUENCY PROCEED~GS, DEPENDENCY OR NEGLECT PROCEEDWGS,

TE~~A~ON OF PARENTAL MGHTS PROCEEDINGS,AND ADG~ON

PROCEEDWGS, ~ PE~~O~G OR FEWG PAR~ SHALL

(a) INQW WHETHER m CmD Wo IS THEsmma OF~

PROCEEDNG ISANIND~C~D, ASDEF~D~ SE~ON 19-1-103 (65.3),

AND, W SO, SHALLDETEW~THE m~TYOFTHBINDNC~Dk~E,

ASDEF~D N SE~ON 19-1-103 (65.5);

~) IF THE PE~O~GPARTY RNOWS ORM REASON TO BELEVE

THAT THE C~D WHO ISTHE SUB~CT OFTHE PROCEEDWG ISAN INDM

C~D, SENDNO~CE BYCER~ED U, RETURN RSCE~ REQUESTED,TO

~ HIGHEST-ELECTEDOR ~GHSST-APPO~D OFFIC~ OF THE INDm

C~D~ ~E; AND

(c) DISCLOSE m m COmLN, PEmON, OR OTHER

COMNCWG PLEAD~G FLED Wm THE COURT THAT ~ CmD WHO IS

THE SUBECT OF~ PROCEED~G ISAN lND~ C~D AND THE ~ENT~

OFTHElNDM C~D% ~E AND ATrACHTO SUCHPLEADNG~POSTAL

RECE~ ~ICA~G THAT NO~CE WAS PROPERLY SENT BY SUCH

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PE~O~G PARTY TO THE INDW C~D\ ~E.

(2) IN ANY OF THE CASESDE~~D ~ SUBSEC~ON (1) OF~S

SEC~ON ~ ~CH ~ ~IT~ COMLW, PE~ON, OR OTHER

CO-NC~G PLEAD~G DOESNOT DISCLOSEWHE~R~ C~D WO IS

~ SUB~CT OFTHE PRGCEED~G ISAN lNDN C~D, THECOURT SHALL

~Qm OFTHEPAR~S AT~ FRSTHE~G WHETHER THEC~D ISAN

lNDN C~D AND,~ SO,~~R THE PAR~S HAVE COMPLED W~

THE PROCEDURAL REQ~MENTS SETFORTN N ~ FEDERAL “INDrAN

C~D WELFm Am”, 25 U.S.C. SEC.1901.

(3) ~ STA~ DEPAR~NT OF WAN SERVICESAND THE

COUNTY DEPARTMENTS OFSOCIALSERVICESARE ENCOURAGED TO WO~

CGGPERA~LY W THE S~G OF ~ORMA~ON THAT ANY OF SUCH

AGENCES OBTmS OR RECEWES CONCE~G ANY FEDERALLY

~COGN~D T~AL ENT~S EMS~G OUTS~E ~ STATS OF

COLORADO, WCLUD~G BUT NOT LW~ED TO ~OWA~ON ABOUT THE

APPROPmTE PERSONFROM ANY SUCH~fi ~ TO CONTA~ m

THENO~CE PRESC~ED BY ~S SE~ON.

SECTION 4. 19-2-513, Colorado Revised Sta~tes, is amended

BY ~ ADD~ON OF A ~W SUBSEC~ON to read:

19-2-513. Petition form and content. (3) (a) PURSUANT TO~

PROVISIONSOFSE~ON 19-1-126, w THOSEDEL~QUSNCY PROCEEDINGS

TO mcH m FEDERAL “INDW CmD WELFARE AcT”,25U.S.C.SEC.

1901,APPL~S,NCLUD~GB~NOTLW~D TOSTATUSOFFENSESSUCHAS

THE LLEGAL POSSESSIONOR CONS~ON OF ETHYL ALCOHOL BY AN

UNDERAGE PERSON,ASDEF~D~ SE~ON 18-13-122, C.R.S., PURCHASE

OR A~EMPTSD PURCHASE OF CIGARE~S OR TOBACCO PRODU~ BY A

PERSON UNDER EIGHTEEN YEARS OF AGE, AS DEFNED N SE~ON

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18-13-121, C.RS., ANDPOSSESSION OF NANDGUNS BY ~ENrLES, AS

DEF~D W SECTION 18-12-108.5, C.R.S., TNEPETImON SME

(~ INCL~EAsTA~~M~IcA~G wTEFFORm, rFANY, m

DISTRr~ ATTO~Y OR~ DIS~~ A~RNEYk ~PRESENTA~E ~S

WE rNDETE~~G W~~R ~ ~~E ISAN lNDrANC~D, AS

DEFrNEDW SE~ON 19-1-103 (65.3>

~ bENTrFY~~R ~ mME ISANINDrAN C~~ AND

~ INCLUDE - mE~TY OF m INDrANC~DS TRME,AS

DEFrNED N SE~ON 19-1-103 (65.5), IF ~ C~D 1SrDmED ASAN

INDrAN C~D.

@) ~NOnCE WAS SENTTOm INDM CmDS mBE, PURSUANT

TO SECTrON 19-1-126, ~ POSTAL RECErPTSWL BE ATrAC~D TO ~

PE~ON AND FrLED_ ~ COURT.

SECTION 5. 19-3-212 (1) and (2), Colorado Retised Statutes,

are amended to read:

19-3-212. Notice of rights and remedies for families. (1) me

state department shall prepare, with the assistance of the attorney general,

on a standardized WmN form, a detailed informational notice of rights

and remedies for families subject to the provisions of this article.

(2) me notice prepared pursuant to subsection (1) of this section

shall be supplied to all social service and law enforcement agencies in the

state and shall be delivered to all parents and families from whom

children are removed under court order or by law enforcement personnel,

rdong with a copy of the court order directing removal of the ctild or

children from the home. h addition to the notification on the court order,

the informational notice shall contain a statement as to the cause of the

removal of the child or children. me notice shall also contain disclosure

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of the availability of the cotiict resolution process to persons who are

the subject of any child abuse or neglect report and to the parents,

guardian, or legal custodian of a child who is the subject of any child

abuse or neglect report. THE STANDARDmD ~N NO~CE FORM

PREPARED PURSUANT TO SUBSEC~ON (1) OF ~S SE~ON SHALL ALSO

~CLUDE A NO~ICA~ON OF WGHTS OF THE P~NTS, GUARD~S, OR

LEGAL CUSTGDWS OF INDIANC~DREN UNDER ~ FEDERAL “lND~

CmD WELFARE AcT”, 25 U.S.C. SEC.1901.

SECTION 6. 19-3-502, Colorado Revisal Statutes, is amended

BY ~ ADD~ION OF A ~W SUBSEC~ON to read:

19-3-502. Petition form and content - limitations on claims in

dependency or neglect actions. (2.7) (a) PURSUANTTOTHEPROWSIONS

OF SE~ON 19-1-126, ~ PE~~ON SHALL:

~ WCLUDEASTATEmNTrNDICAmG WHATEFFORm, mm, m

COm DEPAR~~ OF SGCW SERWCES HAS MADE ~ DETEWmG

WHE~R ~ C~D WHO IST= SUR~CT OF ~ PROCEEDWG ISAN

lNDW C~D, ASDEF~D w SEC~ON 19-1-103(65.3>

@ ~Em ~THER~ C~D IS AN lND~ C~D; AND

~ lNCLUDE m m~ OF m INDrAN CmDk mE, AS

DEF~D N SECTION 1g- 1-103 (65.5), rFm CHILD ISDENTWED AS AN

lND~ C~D.

@) ~ NoTrcEwAS SENTTO THElNDIANCmD3 mE, PURSUANT

TO SEC~ON 1g-l -126, THE POSTALRECE~ SHALLBE A~ACHED TO THE

PE~ON AND FLED W~ ~ COURT.

SECTION 7. 19-3-602, Colorado Revised Statutes, is amended

BY ~ ADD~ION OF A NEW SUBSECTION to read:

19-3402. Motion for termination - separate hearing - right to

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COUnSel-nO jU~ trial.(1.5) (a) ~UANT TO~ PROVISIONS OF

SEC~ON 19-1-126, ~ MOmON FORTERM~AmON SWL

~ INcLUDEA5TA~~~~IcA~G WHATEFF0R~, mm, -

COUNTV DEPARTMENT OF SOCIALSERVICESHAS MADE ~ DETE~G

W~THER ~ C~D WHO IS ~ SUB~CT OF THE TEMATION

PROCEED~GIS ANIND~C~D, ASDEF~D~ SECmON 19-1-103(65.3>

@ ~Em WHETHER THE C~LD ISAN INDrAN C~D; AND

~ INCLUDE m mEm OF THE INDW C~Dk NE, AS

DEF~D N SECmON 19-1-103 (65.5), m THSC~D IS ~E~FED ASAN

INDrAN C~D.

~) ~ NO~CE WAS SENTTOTHElND~ C~LDk TRME,PURSUANT

TO SEC~ON 19-1-126, THEPOSTAL RECEIPT, ORACOPY THEREOF, SHALL

BE A~AC~D TO T~ MO~ON FOR TEHAmON AND FLED m THS

COURT.

SECTION8. 19-5-103, Colorado Revised Statutes, is amended

BY= ADD~ION OF A =W S~SEC~ON to read:

19-5-103. Relinquishment procedure - petition - hearings.

(1.5) (a) PURSUANT TO THE PROV1S1ONS OF SEaON 19-1-126, THE

PE~~ON FOR REL~QWSHMENT SWL

(~ INCLUDEASTATEMENT mICATWG WHE~RTHE’C~D ISAN

lNDm C~D, ASDEF~D ~ SEC~ON 19-1-103(65.3); AND

@ lNcLWE m romrrv OF m lNDrANCHmDk ~E, N

DEF~ED ~ SE~ON 19-1-103(65.5), m THEC~D 1S~E~~D ASAN

lNDM C~D.

o) mNOmCE WAS SENTTO THE1NDWCWD3 ~E, PUR5UM

TO SEC~ON 19-1-126, THEPOSTAL RECE~ SWL BE A~ACHED TO THE

PEm~ON AND FLED W~ TNE COURT.

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SECTION9. 19-5-208, Colorado Retised Statutes, is amended

BY ~ ADD~ION OF A ~W S~SECTION to read:

19-5-208. Petition for adoption. (2.5) (a) PURSUANT TOTHE

PROVISIONS OF SE~ON 19-1-126,~ PETmlON FORADO~ON SHALL

(~ INCLUDE ASTATE~NT~ICATNG WNATEFFORTS, rFANY, m

COUNTY DEPAR~ENTOF SOCIAL SERVICES ORC~D PLACE~NTAGENCY

HAS WE ~ DETE~G WHETHER ~ C~D WHO IS~ S~mCT OF

THE PRGCEED~G ISAN INDm C~D, ASDEF~D w SE~ON 19-1-103

(65.3);

~ ~E~Y WHETHER~ C~D ISAN lNDW C~D; AND

~ INcL~E THE mEm OF m lNDrANC~Dk ~E, AS

DEF~D ~ SECTION 19-1-103 (65.5), E ~ C~LD IS~ENTIFIEDAS AN

INDrAN CH~D.

@) @NOnCE WAS SENTTGmlNDrAN CHrLDk~E, PURSUANT

TO SE~ON 19-1-126, THE POSTALRECEIPT,OR A COPY ~REOF, SHALL

BE A~ACHED TO THE PE~ON FOR ~PmON AND FLED m ~

CO~T.

SECTION 10. Safetyclause. The general assembly hereby

finds, determines, and declares that this act is necessary for the immediate

presewation of the public peace, health, and safety.

-1o- ~02-1064

American Indian / Alaska Native Assessment Form

The information requested below is necess~ to determine if the Indian Child

Welfare Act @.L. 95-608; 25 U.S.C. 1901- 63) applies to the children listed. This law

provides legal protections designed to prevent the breakup of Indian families. At inhid

intie and throughout a dependency and neglect case, the caseworker shodd be asking

the family if they or any of their relatives are of American Indian/ Alaska Native

ancestry. If there is any possibility that Indian ancestry is present, the caseworker is

required by the Indian Child Welfare Act to verifi this ancestry. This law dso requires

that “Active Rehabllitstive Efforts” be implemented in order to maintain the cukure of

the Indian Family. After gathering ti]s information, please verify with your supervisor

the appropriate procedure for tribaf notification.

Name of Children

Date of Dlst ~ Tribal ID# or

Name Birth Place of Birth Ancestry Enrollment #

Parent Information – Always use maiden names if known

Date of List ~ Tribal

Mother’s Name Birth Place of Birth Ancestry

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Father’s Name

D#or

EnroUment #

Grandparent Information – Always use maiden names if known

Maternal Date of List ~ Tribal ~#or

Grandparents Birth Place of Birth Ancestry EnroUment #

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Paternal

Grandparents

Caseworker Name County Date

Information gathered from Relationship

To Children

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American Indian / Alaska Native Assessment Form

me information requested below is necessary to determine if the Indian Child

Welfare Act @.L. 95-608 ; 25 U.S.C. 1901- 63) applies to the children listed. This law

provides legal protections designed to prevent the breakup of Indian families. At initial

intake and throughout a dependency and neglect case, the caseworker shodd be asking

the family if they or any of their relatives are of American Indian/ Alaska Native

ancestry. If there is any possibility that Indian ancestry is present, the caseworker is

required by the Indian Child Welfare Act to verifi this ancestry. This law dso requires

that “Active Rehabilitative Efforts” be implemented in order to maintain the culture of

the Indian Family. Afier gathering tils information, please verify with your supervisor

the appropriate procedure for tribal notification.

Name of Children

Date of List ~ Tribal ID # or

Name Birth Place of Birth Ancestry Enrollment #

Parent Information – Alwavs use maiden names if known

Date of “ List ~ Tribal ~#or

Mother’s Name Birth Place of Birth Ancestry Enrollment #

Father’s Name

Grandparent Information - Always use maiden names if known

Maternal Date of List ~ Tribal ID # or

Grandparents Birth Place of Birth Ancestry EnroUment #

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Paternal

Grandparents

Caseworker Name County Date

Information gathered from Relationship

To Children

Indian Child Welfare Act

Intake Compliance ChecMist

~ls checklist is designed to help the county caseworker maintain compliance with the

Colorado Children’s Code, fitle 19, and the Federd Indian Child Welfare Act of 1978

~CWA). ~ese laws provide legal protections designed to prevent the breakup of Indian

families due to their unique political status as durd citizens of the U.S. and their sovereign

nation. Colorado reaffirmed its commitment to the “consistent application of md

compliance with the provisions of the Federal Indlarr Child Welfare Act” by revising

fitle 19.

According to the Colorado Children’s Code, Title 19-1-103, and the ICWA an “Indirur

Chil& is defined as:

“An unmarried person who is younger than eighteen years of age and who is

either: a member of an Indian tribe; or ehgible for membership in an Indian

tribe and who is the biological child of a member of an Indian tribe?’

Volume 7.309.21 states that ICWA applies if the “child is an eligible member of a

federally recognized tribe or if the biological parentis an eligible member and the

child is eligible.”

An Indian tribe is defined as:

“An Indian Tribe, Band, Nation, or other organized group or community of

Indians recognized as ehgible for the federal governmental services provided

to Indians because of their status as Indians.”

Initial Contact

Ask all available family membem if they or their relatives have my American

IndidAlaskarr Native ancestry

If the family indicates that American IoditiAlssksn Native mrces~ is present please

complete the “American InditiAlnskmr Native Assessment Form”

Document continuing efforts to determine whether the child is m Indian child

Document what active efforts were made to provide remedial services to prevent the

breakup of the Indian family

Inform the parents, Indian custodians, guardians, or legal custodians of the Indian child of

their rights under the Indisn Child Welfare Act

Placement Preference

Any child accepted for foster care or preadoptiveplacement shall be placed in the least restrictive

setting which most approximates a family and in which the child’s special needs, if any, maybe

met. Placement options in order of preference are: mote: Adoptive placements follow a different

order. See ICWA section 1915 a.)

A member of the Indian child’s extended family

A foster home licensed, approved, or specified by the Indian child’s tribe

An Indian foster home licensed or approved by an authorized nmr-Indian licensing

authority

An institution for children approved by an Indian tiibe or operated by m Indian

organization, which has a program suitable to meet the Indian child’s needs

If placement is not in compliance with ICWA, document good cause not to follow the

preference order

Notify the tribe and parent or Indian custodian of any out-of-home placement

Noti& the tribe and parent or Indian custodian of any change of placement

ICWA Notification Requirements

If the petitioning or filing party knows or has reason to believe that the child who is the subject of

the proceeding is an Indian child, proper notification must be made.

Upon identification oftbe Indian child and tribe the county worker will make a courtesy — call to the tiibe to inform the tribe oftbe dependency or neglect proceedings

Ifa fax number is available, fax all paper work to the tribe —

Send notice to tribe by registered mail, return receipt requested to:

_ Parent or Indiarr custodian of child

Tribal agent of the Indian child’s tribe, or if such agent has not been

designated send notice to:

The highest elected or highest appointed o~cial of the Indian child’s

tribe OR

The highest elected or highest appointed tribal judge of the Indian child’s — tribe ~

The social service department of the Indian chil~s tribe

If the tribe is not known but ancestry is confirmed, send notice by registered — mail, return receipt requested to the Bureau of Indian Affairs, Regional Dirccto~

BM Southwat RWinnal OffIce

P.O. BOX26567

Albuquerque, ~ 87125

Indian Child Welfare Act

Intake Compliance ChecMist

This checklist is designed to help the county caseworker maintain compliance with the

Colorado Children’s Code, Title 19, and the Federal Indian Child Welfare Act of 1978

~CWA). These laws provide legal protections designed to prevent the breakup of Indian

families due to their unique political status as dti citizens of the U.S. and their soverei~

nation. Colorado reaffirmed its commitment to the “consistent application of and

compliance with tie provisiom of the Federd Indian Child Welfare Act” by revising

Title 19.

According to the Colorado Children’s Code, Thle 19-1-103, rendthe ICWA an “kdimr

ChLl& is defined as:

‘An unmarried person who is younger than eighteen years of age and who is

either: a member of an Indian tribe; or efigible for membership in an Indian

tribe and who is the biological child of a member of an Indian tribe.n

Volume 7.309.21 states that ICWA applies if the “child is an eligible member of a

federally recognized tribe or if the biological parentis an eligible member and the

child is eligible.”

An Indian tribe is defined as:

“An Indian Tribe, Band, Nation, or other organized group or community of

Indians recognized as eligible for the federal governmental services provided

to Indians because of their status as Indians.”

Initial Contact

Ask all available family members iftbey or their relatives have any American

IndidAlsskmr Native ancestry

If the family indicates that American hrditiAlsaksrr Native ancestry is present please

complete the “Arnericsn InditiAlsskan Native Aaaessment From”

Document continuing efforts to determine whether the child is an Indian child

Document what active efforts were made to provide remedial services to prevent the

breakup of the Indian family

Inform the parents, Indian custodians, guardians, or legal custodians of the Indian child of

their rights under the Indian Child Welfare Act

Placement Preference

Any child accepted for foster care or preadoptive placement shall be placed in the least restrictive

setting which most approximates a family and in which the child’s special needs, if any, maybe

met. Placement options in order of preferenw are: @ote: Adoptive placements follow a different

order. See ICWA section 1915 a.)

A member of the Indian child’s efiended family

A foster home licensed, approved, or specified by the Indian child’s tribe

An Indian foster home licensed or approved by MSauthorized rrmr-Indimr licensing

authority

An institution for children approval by an Indian &ibe or operated by err Indian

organimtion, which has a program suitable to meet the Indian cbil&s needs

If placement is not in compliance with ICW& domsrnent good cause not to follow the

preference order

Noti& the tribe and parent or Indian custodian of any out-of-home placement

Notify the tribe and parent or Indian custodian of any change of placement

ICWA Notification Requirements

Iftfre petitioning or filing party knows or has reason to believe that the child who is the subject of

the proweding is an Indian child, proper notification must be made.

Upon identification of the Indian child and tribe the county worker will make a courtesy

call to the tribe to inform the tribe of the dependency or neglect procmdings

If a fax number is available, fax all paper work to the tribe

Send notice to tiibe by registered mail, return rweipt requested to

_ Parent or Indian custodian of child

Tribal agent of the Indian childs tribe, or if such agent has not been

designated send notice to:

The highest elected or highest appointed official oftfre Indian child’s

tribe OR

The highest elected or highest appointed tribal judge of the Indian child’s — tribe AND

The social service deptient oftbe Indian child’s tribe —

If the tribe is not known but anwstry is confirmed, send notice by registered

mail, return meipt requested to the Bureau of Indian Affairs, Regional Director

BM Srmthwut RWional OffIce

P.O. BOX26567

Albuquerque, ~ 87125

summa~ of Imdividuais Traimed through Tocm

Initiative: Year 3

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Year 3: October 2001 through September 2002Event Ott Nov Occ Jan Feb Mar Apr May Jun 3.1 Aug tip PINO Design Tem 22 31 57 28 29meetings UNACC Design Tem 17 13 18 23 12 14 [9 15 13meetingsUNACC Plmning mlgs 5 6 7 7 5Colomdo ICWA Tmk 28 26 24 33 30 27ForceTOCRA Regional 32Advisow Committee On&T1me Training OpportunitiesUU HBSE CtMSeS – 60guestlectureUU Social Work with 13Ntv h ResewationPwple - guestlecture UU Pempectives in 4International SocialWork - guest lecture NASW Tmining, SLC 6NICWA 20* hnual 73Confi, Duluth, ~PINO & NATI Wrap 29hound TrainingAugust 2002 UNACC “Gathering the 254Children” DayMay 18,2002 UNACC, lWIC & 20 NAT1Foster PmentTmin-the-TminemUt&’s 2& hnud 216 Indim Child WelfmeConference April 2002US Children’s Bureau 43Gmtw’s meeting Mtich 2002Year 3 Gmnd Total: Total

167

144

30

168

32

60

13

4

6

73

29

254

20

216

43

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our

our

ckilATen: A. lnJian “sneak up” in

MWna Gooden (Turfle Mountin Ojibwe), MSW

Utiversl& of Uti, SLC

L~e Hd (Warms Sprmgs~amati), MSW

Indim Walk-In Center, SLC

Savania Tsosie (D~eMowa), MSW

ICWAS~clWt. Uti DCFS, SLC

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Idti confim m cwhwe d~qti

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Conference Theme: “The Lessons of a Stolen Generation”

Duluth, MN

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Agenda

Blessing

Introduction of Presenters and Parent Consultants

Background

> Indian “Sneak Up”: Design Team Tools

* Ofigins of the Utah Native American Children’s Coalition

Partnership with the Indian Walk-In Center

* Advocating for Indian/Native families and children

b Foster Parents: Recapturing our heritage

Partnership with the State DCFS

> Lessons of a Stolen Generation

b Expanding Resources: Adding to the dreamcatcher

Question and Answer Session

Closing with Giveaway

WORWHOP

OBJECTIVW

@ Obtain information on the Design Team concept and advantages

0 Learn about Uti’s advocacy initiatives

0 Increase child, fmily, and community semice skills

BEGiNNER

iNTERMEDIATE

ADVANCED

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pl ease staq in tout k witk us:

Mqrna Gooden, Msw

Phone: 801.585.3871

Lqnne Hall, Msw

Phone: 801.486.4877

s a“ania Tsosie, MSW

Phone: 801.538.4146

Email: maooden@socwk,”tah.edu

Em~il: lh~ll@xmi9sioncom

Email: jtsosie@kg,*ate. ut.”g

I Recapturing ou~ Heritage th~ough our

Indian “Sned~ up” in

Ut.k

Myna Gooden (Turfle Mountin Ojibwe), MSW

Utiversi& of Uti, SLC

L~e HW (Warms Spr~gs~amati), MSW

India Walk-In Center, SLC

Sa@a Tsosie (DtieKowa), MSW

lCWASWcltist, Uti DCFS,SLC

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Conference Theme: “The Lessons of a Stolen Generation”

Duluth, ~

I

April 1+17, 2002

Agenda

Blessing

Introduction of Presenters and Parent Consultants

Background

b Indian ‘(Sneak Up”: Design Team Tools

P Origins of the Utah Native American Children’s coalition

Partnership with the Indian Walk-In Center

> Advocating for Indian/Native families and children

* Foster Parents: Recapturing our heritage

Partnership with the State DCFS

> Lessons of a Stolen Generation

> Expanding Resources: Adding to the dreamcatcher

Question and Answer Session

Closing with Giveaway

0 Obtain information on the Design Team concept and advantages

0 Learn about Utah’s advocacy initiatives

0 Increase child, family, and community service stills

LEVEU OF CONTENT:

BEGINNER

ENTERMEDBATE

ADVANCED

Mqvna Gooden, Msw

phone: 801.585.3871

Lq””e Mall, MSW

Pko”e: 801,486,4877

s avania Tsosie, MSW

P~One: 801.538.4146

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.... ........ . .... .. ,“.,, ,. ‘.,,.”, = ‘. ..,, ,,, .,,,.. . . . . . . . . . . . . ,,

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: Helping in ~~~ild

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S.B. 110

CH~D PLACEMENT DETEWWATIONS

2002 GENSML SESSION

STA~ OF UTAH

SponsoK Dan R. Eastman

This act amends the Humaa Servicca Code and the Judicial Code. The act changes the

permanency plan requirements regarding long-term foster care for a child who is three years

of agc or younger. The act expands the grounds for removal of a foster child from the home

of the foster pareats without first providing a hearing to the foster parents. The act modifies

fingerprinting requirements for household memhcrs in a foster home. The act allows the

juvenile court to consider preplacement preferences and other requirements dacribed in the

Indian Child Welfare Act. The act clarifica when a juvenile court may order a planned

permanent living arrangement other than adoption, reunification, guardianship, and kinship

placement for a child in the custody of the Division of Child and Family Servicca, in

accordance with the requirements of federal law. The act makes technical changes.

This act affects sections of Utah Code Annotated 1953 as follows

MNDS:

62A-4a-205, as last amended by Chapter 255, Laws of Utah 2001

62A-4a-206, as lmt amended by Chapter 274, Laws of Utah 1998

62A-4a-209, as enacted by Chapter 250,hwsofUtah2001

78-3a-312, as last amended by Chapter 21, Laws of Utah 2001

78-3a-315, as last amended by Chapter 274, bws of Utah 1998

Be it ewcted by the kgislature of the state of Utah:

Section 1. Section 62A4a-205 is amended to read:

62A4a-205. Treatment plans.

(1) No more than 45 days after a child enters the tempor~ custody of the division, the

chllds treatment plan shall be finalized.

(2) The division shall use an interdisciplinary team approach in developing each treatment

plan. An interdisciplinary t- shall include, but is not limited to, representatives from mentaI

health, education, and, where appropriate, a representative of law enforcement.

S.B. 110

Enrolled Copy

(3) (a) me division shall involve all of the following in the development ofa cbilds

treatment plm

(i) both of the childs natural parents, unless the whereabouts of a parent are mdmowrr;

(ii) the child;

fiii) the childs foster parents; and

(iv) where appropriate, the chil~s stepparent.

(b) h relation to all information considered by the division in developing a treatment plan,

additional weight and attention shall be given to the input of the chllds natural and foster parents

upon their involvement pursuant to Subsections (3)(a)~) and fiii).

(4) A copy of the titment plan shall be provided to the guardian ad litern, and to the child’s

natural parents and foster parents immediately upon completion, or as soon as is reasonably possible

tbercafier.

(5) &chtreatient planshall specifically provide fortiesafe@ oftiechild, inaccordmw

with federal law, and clearly define what actions or precautions will, or may be, necessary to provide

for the health, safety, protection, and welfare of the child.

(6) ~eplmshall set fofih, withspecificity, atleasttie following

(a) the reason the child entered Division of Child and Family Services custody, and

documentation of the rwonable efforts made to prevent placcmen~ or documentation of the

emergency situation that existed and that prevented reasonable efforts;

(b) tieprim~pemaency goal forthechild adtieremn forselection oftiat goal;

(c) themncument pemanencygoal fortiechild andtie~~on fortieselection of&at goal;

(d) if the plan is for the child to return to [M] the childs family, specifically what the

parents

must do in order to enable the child to be returned home, specifically how those requirements may

be accomplished, and how those requirements will be measured;

(e) the specific services needed to reduce the problems that necessitate plawment in the

division’s custody, and who will provide for and be responsible for case managemen~

(~ a parent-time schedule between the natural parent and the child;

(g) tie healti cme to be provided to the child, md the mental health care to be provided to

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address any known or diagnosed mental health needs of the child. If residential trcatmen~ rather

than a foster home, is the proposed placement, a specialized assessment of the childs health needs

shall be conducted, including an assessment ofmented illness and behavior and conduct disorders;

and

(h) social summaries that include case history information pertinent to case planning.

(7) (a) Each treatment plan shall k specific to each child and [%] the child’sfamily, rather

than general. The division shall train its workersto develop treatment plans that comply with federal

mandates and the specific needs of the particular child and [b] the child’s family.

(b) All treatment plans and expectations shall be individualized and contain specific time

times.

(c) Treatment plans shall address problems that keep children in placement and keep them

from achieving permanence in their lives.

(d) The childs natural parents, foster parents, and where appropriate, stepparents, shall be

kept informed of and supported to participate in important meetings and procedures rclatd to the

chllds placement.

(8) With regard to a child who is three years of age or younger, if the goal is not to return

the child home, the permanency plan for that child shall be adoption [~

~]. However. if the

division documents to the court that there is a mmDelling reason that adordion. reunification,

@ardianshiD. and kinship Dlacement are not in the childs best intere% the court mav order another

planned Dermanent living arrangement in accordance with federal law.

Section 2. Section 62AAa-206 is amended to read:

62A4a-206. Proc~s for removal of a child from foster family - Procedural due

procm.

(1) (a) The hgislature finds tha~ except with regard to a childs natural parent or legal

@ardim, a foster family has a very limited but remgnized interest in its familial relationship with

a foster child who has been in the care and custody of that fmily. k mtilng determinations

regarding removal ofa child from a foster home, the division may not dismiss the fo~er family as

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S.B. 110

Enrolled Copy

a mere collection of unrelated individuals.

(b) The ~gislature finds that children in the temporary custody and custody of the division

are experiencing multiple changes in foster care placements with little or no documentation, and that

numerous studies of child groti and development emphasize the importance of stibility in foster

cwe living mrmgements.

(c) For the reasons described in Subsections~(a) and (b), the division shall provide

procedural due process for a foster family prior to removal of a foster child from their home,

regardless of the length of time the child has been in that home, unless removal is for the purpose

of;

@ returning the child to [M] the childs natural parent or legal guardian[~

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(ii) immediately D Iacirrpthe child in an approved adoptive home[,];

(iii) ~lacinz the child with a relative. as defined in Subsection 78-3a-307(5)(d). who obtaind

custody or asserted an interest in the child within the preference rrerioddescribed in Subsection

78-3a-307(8):or

fiv) olacine an Indian child in accordance with rrrerrlacementoreferenws and other

requirementsdescribed in the hdian Child Welfare ACL25 U.S.C. Sec. 1915.

(2) (a) The division shall maintain and utilize due process prwdures for removal of a foster

child from a foster home, in accordance with the produres and requirements of Title 63, Chapter

46b, Administrative Procedures Act.

(b) Those procedures shall include requirements for:

(i) personal Wmmunicationwith and expl~ation to foster parents prior to removal of the

child; and I

(ii) an opportunity for foster parents to present their information and concerns to the division

and to request a review by a third party neutral fact tinder prior to removal of the child.

(c) If the division determines that there is a reasonable basis to believe that the child is in

danger or that there is a substantial threat of danger to the health or welfare of the child, it shall plaw

the child in emergency foster care during the pendency of the procedures described in this

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subsection, instead of making another foster me placement.

(3) If the division removes a child from a foster home based upon the childs statement alone,

the division shall initiate and expedite the processes described in Subsection (2). me division may

take no formal action with regard to that foster parent’sIiwnse until after those processes, in addition

to any other procedure or hearing required by law, have been completed.

(4) men a complaint is made to the division by a foster child against a foster paren$ the

division shall, withii 30 busin~s days, provide the foster parent with information regarding the

specific nature of the complain~ the time and plaw of the alleged incident, and who was alleged to

have been involved.

(5) ~enever the division places a child in a foster home, it shall provide the foster parents

with:

(a) notification of the requirements of this section;

(b) a written description of the prowdures enacted by the division pursuant to Subsection

(2) and how to access those processes; and

(c) written notification of the foster parents’ability to petition the juvenile court directly for

review ofa decision to remove a foster child who has been in their custody for 12 months or longer,

in accordance with the limitations and requirements of Section 78-3a-315.

(6) me requirements of this section do not apply to tie removal of a child based on a foster

parent’srequest for that removal.

Section 3. Section 62A-4a-209 is amended to read:

62A-4a-209. Emergency kinship placement.

(1) me division may use an emergencykinship placement under Subsection 78-3a-301(4)

when:

(a) the case worker has made the determination that:

(i) the childs home is unwfe;

(ii) removal is necessary under the provisions of Section 78-3a-301; and

(iii) the childs custodial parent or guardian will agree to not remove the child horn the

relative’shome who serves as the kinship placemeot and not have any mntact with the child ontil

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S.B.110 Enrolled Copy

after the shelter hearing required by Section 78-3a-306;

(b) a relative, with preference being given to a noncustodial parent in acwrdance with

Section 78-3a-307,can be identified who has the ability and is willing to provide care for the child

who would otherwise be placed in shelter care, including

~) Wlrrg the child to medical, mental health, dental, and educational appointments at the

request of the division; and

(ii) the relative has the ability to make the child available to division semices ~d the

guardian ad litem; and

(c) the relative agrees to care for the child on an emergency basis under the following

conditions:

O) the relative meek tie criteria for an emergency kinship placement under Subsection (2);

~i) the relative agrees to not allow the custodial parent or guardian to have any contact with

the child until afier the shelter hearing unless authorized by the division in writing;

Oii) tie reIative agr=s to contict law enforcement rmd the division if the custodial parent

or guardian attempts to make unauthorized contact with the child;

fiv) the relative agrees to allow the division and the childs guardian ad Iitem to have access

to the child;

(v) the relative has been informed and understandsthat the division may mntinue to search

for other possible kinship placements for Iong-tem we, if needed;

(vi) the relative is willing to assist the custodial parent or guardian in reunification efforts

at the request of the division, and to follow all court orders; and

(vii) the child is comfortable with the relative.

(2) Before the division places a child in an emergencykinship placemenLthe division must

(a) request the name of a referenw and when possible, contact the reference and detemine

the answer to the following questions:

~) would the person identified as a reference place a child in the home of the emergency

kinship placement; and

(ii) we there MSY otier relatives to consider as a possible emergency or long-term placement

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for the child;

(b) have the custodial pwent or guardian sign an emergency kinship placement agreement

form during the investigation;

(c) mmplete a criminal background check described in Sections 62A4a-202.4 and

78-3a-307.l on all persons living in the relative’s household;

(d) complete a home inspection of the relative’shomq and

(e) have the emergencykinship placement approved by a family service specialist.

(3) As soon as possible afier the emergency placement and prior to the shelter hearing

required by Section 78-3a-306, the division shall convene a family unity meeting.

(4) After an emergencykinship placement, the division caseworker musti

(a) respond to the emergencykinship placement’scalls within one hour if the custodial

parents or guardians attempt to make unauthorized contact with the child or attempt to remove the

child;

(b) wmplete all removal paperwork, including the notice provided to the custodial parents

and guardians under Section 78-3a-306;

(c) contact the attorney general to schedule a shelter hearing;

(d) complete the kinship procedures required in Section 78-3a-307, including, within five

days afier placement, the criminal history record check described in Subsection (5); and

(e) continue to search for other relatives as a possible long-term placemerrLif needed.

(5) (a) In order to determine the suitability of the kinship placement and to conduct a

background screening and investigation of individuals living in the household in which a child is

placed, each individual living in the household in which the child is placed who has not lived in the

state substarrtiallvYearround for the most recent five consecutive vears errdine on the date the

investigation is commencedshall be fmgerprintd. If no disquali~lng record is identified at the state

level, the fingerprints shall be forwarded by the division to the Federal Bureau of hvestigation for

a national criminal history record check.

~) me cost of those investigations shall be borne by whomever received plawment of the

child, except that the division may pay all or part of the cost of those investigations if the person with

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S.B. 110 Enrolled Copy

whom the child is plawd is unable to pay.

Section 4. Section 78-3a-312 is amended to read:

78-3a-312. Permanency hearing - Hnal plan - Petition for termination of parenta[

rights filed - Hearing on termination of parental rights.

(1) (a) When reunification services have ken ordered in accordance with Section 78-3a-311,

with regard to a child who is in the custody of the Division of Child and Family Services, a

permanencyhearing shall he held by the court no later than 12 months afier the original removal of

the child.

(b) When no reunification services were ordered at the dispositional hearing, a permanency

hearing shall be held within 30 days horn the date oftbe dispositional hearing.

(2) (a) If reunification services were ordered by the muti in accordance with Section

78-3a-311, the couti shall, at the permanency hearing, determine whether the child may safely be

returned to the custody of [M] the chiIds parent. If the court finds, by a preponderanceof the

evidence, that return of the child would create a substantial risk of detriment to the childs physical

or emotional well-being, the child may not be returned to the custody of [h] the childs parent. The

failure ofa parent or guardian to participate in, comply with, in whole or in pa~ or to meet the goals

of a court approved treatment plan constitutes prima facie evidence that return of the child to that

parent would create a substantial risk of detriment.

(b) h making a determination under this Subsection (2), the court shall review the report

prepared by the Division of Child and Family Services, a report prepared by the child’sguardian ad

Iitem, any report prepard by a foster care cittin review board pursuant to Section 78-3g-103,any

evidence regarding tie efforts or progress demonstrated by the paren~ and the extent to which the

parent cooperated and availed himself of services provided.

(3) (a) W,tb regard to a case where reunification services were ordered by the court, if a child

is not returned to ~] the child’sparent or guardian at the permanencyhearing, the murt shall order

termination of reunification serviws to the parenL and make a final determination regarding whether

termination of parental rights, adoption, or oermanent custody and guardianship[~

-I is the most appropriate final plan for the child, taking into account the childs primary

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permanencygoal e-blished by the court pursuant to Section 78-3a-311. If the Division of Child

and Family Services documents to the court that there is a comoellirrgreason that adootion,

rerrnifrmtion, cuardianshiD.and kinshi~ uIawment are not in the child’sbest interest. the mrrrt may

order another ~larmed~ermanent living arrarreemen~in accordance with federal law. Iftbe child

clearly desires contact with the parent, the court shall take the childs desire into consideration in

determining the final plan. In addition, the court shall establish a concurrent plan that identifies the

second most appropriate final plan for the child.

@ me court may not extend reunification services beyond 12 months from the date the

child was initially removed from ~] the childs home, in accordance with the provisions of Section

78-3a-311,except that the court mayextend reunification services for no more than 90 days if it

finds that there has been substantial compliance with the treatment plan, that reunification is

probable within that 90 day period, and that the extension is in the best interest oftbe child. h no

event may any reunification services extend beyond 15months from the date the child was tihially

removed from [b] the child’shome. Delay or failure of a parent to establish paternity or seek

custody does not provide a basis for the court to extend services for that parent beyond that 12-month

period.

[W]@ me ~ufi may, in is discretion, enter mY additional order that it dete~ines to ~

in the best interest of the child, so long as that order does not conflict with the requirements and

provisions of [~] Subsections (3)(a) -. me court may order the division to provide

protective supervision or other services to a child and the childs family after the division’scustody

ofa child has been terminated.

(4) If the final plan for the child is to proceed toward termination of parental rights, the

petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days

after the permanencyhearin8.

(5) hy pm to an action may, at any time, petition the court for an expedited perrmmency

hearing on the basis that continuation of reunification efforts are inconsistent with the permanency

needs of the child. If the couti so determines, it shall order, in accordance with federal law, that the

child be placed in accordance with the permanencypla~ and that whatever steps are necessaryto

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S.B. 110 Enrolled Copy

finalize the permanent placment of the child be completed as quickly as possible.

(6) Nothing in this section maybe construed to

(a) entitle any parent to reunifimtion services for any specified period oftimq

(b) limit a murt’s ability to terminate reunifimtion services at anytime prior to a permanency

hearing or

(c) limit or prohibit the filing of a petition for termination of parental rights by any party, or

a hearing on termination of parental rights, at anytime prior to a permanencyhearing. If a petition

for termination of parental rights is filed prior to the date scheduled for a permanencyhearing, the

court may consolidate the hearing on termination of parental rights with the permanencyhearing.

If the court consolidates the hearing on termination of parental rights with the permanencyhearing,

it shall first make a finding whether reasonable efforts have been made by the Division of Child and

Family Services to finalize the permanencygoal for the child, and any reunification services shall

be terminated in accordance with the time lines described in Section 78-3a-311. A decision on the

petition for termination of parental rights shall be made within 18 months from the date of the childs

removal.

Section 5. Section 78-3a-315 is amended to read:

78-3a-315. Review of foster care removal - Foster parent’s standing.

(1) With regard to a child in the custody of the Division of Child and Family Services who

is the subject of a petition alleging abuse, neglec~ or dependency,and who has been placed in foster

care with a foster family, tie hgislature finds that:

(a) except with regard to the child’snatural parents, a foster family has a very limited but

recognized interest in its fmilial relationship with the child; and

(b) children in the custody of the division are experiencing multiple changes in foster care

placements with little or no documentation, and that numerous studies of child growth and

development emphasize the importance of stability in foster We living arrangements.

(2) For the reasons described in Subsection (1), the bgislature finds thaL exwpt with regard

to the childs natural parents, procedural due process protections must be provided to a foster family

prior to removal ofa foster child from their home.

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(3) (a) A foster parent who has had a foster child in his custody for 12 months or longer may

petition the juvenile court for a review and determination of the appropriateness of a decision by the

Division of Child and Family Services to remove the child from [%] the childs home, unless the

removal was for the purpose ofi

~ returning the child to [h] the childs natural parent[~

or legal w ardian:

(ii) immediatelyplacing the child in an approved adoptive home[,]~

(iii) Dlacirrethe child with a relative. as defined in Subsection 78-3a-307(5)(dl. who obtained

custodv or asserted an interest in the child within the Deference Derioddescribed in Subsection

78-3a-307(8): or

(iv) Dlacinzan Indian child in accordance with Dreplacementpreferences and other

requirements described in the hdian Child Welfare Act 25 U.S.C. Sec. 1915.

(b) me foster parent may petition the court under this section without etiausting

administrative remedies within the division.

(c) ~e court may order the division to place the child in a specified home, and shall base

its determination on the best interest of the child.

(4) me requirements of this section do not apply to the removal of a child based on a foster

parent’srequest for that removal.

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