ICWA TRIBAL-STATE AGREEMENTS
ICWA, alone, does not mandate the necessary coordination and relationships between state and tribal child welfare offices that are necessary to carry out efforts that support ICWA proceedings. To develop the necessary coordination and relationships between Tribes and states, ICWA section 1919 (25 U.S.C. § 1919) specifically provides authorization for tribes and states to enter into agreements regarding the care and custody of Indian children. This provision of ICWA does not limit Tribes and states, but instead uses broad language to allow a Tribe and state flexibility to best address their mutual needs and unique processes.
The Association developed A Survey and Analysis of Tribal-State Indian Child Welfare Act Agreements, Including Promising Practices , to provide a detailed analysis of current ICWA agreements. What is important about Tribal-State ICWA Agreements is how tribal and state parties have chosen to develop their relationship beyond the minimum requirements of ICWA and define their activities beyond the state court proceedings. On balance, these activities between tribal and state child welfare offices are just as significant as what happens in the Indian child custody proceeding because these activities not only lead to the initiation of the Indian child custody proceeding in state court, but also may have a determinative effect on the proceeding. These activities include how the staff of the tribal and state child welfare offices: initiate the first contact with the Indian family; provide notice to the parties involved; investigate allegations of abuse or neglect; recruit and license placements; and provide case management and culturally appropriate services to support the Indian child and Indian family. Without a Tribal-State ICWA Agreement, important cooperation and collaboration that should occur between tribal and state child welfare staff may not take place, potentially undermining ICWA’s protective provisions and intent to maintain the Indian child with his or her family and tribal community.
As outlined in the Analysis, 39 years after ICWA’s enactment (2017), of the 567 federally recognized Tribes to date there are only 39 Tribal-State ICWA agreements involving 37 Tribes and 10 states. This Analysis provides a useful tool to support Indian tribes as well as states in efforts to revise, or develop new, ICWA Agreements. The Analysis further incorporates the new Bureau of Indian Affairs regulations implementing ICWA.
TITLE IVE TRIBAL-STATE AGREEMENTS
The Association has also worked to secure legislation providing the resources that tribes need to effectively operate child welfare programs, working closely with tribes and other national organizations such as the National Indian Child Welfare Association. Most notably, legislation has been passed:
It is estimated that passage of the Title IV-E and Title IV-B amendments will result in additional funding for Tribal child welfare programs of more than $300 million .
The Association has provided comprehensive training to tribes seeking to operate the Title IV-E program, and developed a comprehensive analysis of all Title IV-E tribal-state agreements , together with an agreement template based on promising practices. We have also provided an analysis of the comprehensive paper of the legal requirements in Title IV-E and an information sheet on the Role of States under Title IV-E. The Association continues to advocate to ensure the full implementation of the Fostering Connections Act and the Promoting Safe and Stable Families Act. We also continue to work closely with other organizations to develop recommendations for federal agencies on implementation of the law.
