Tribal Child Welfare Legal and Judicial Issues

Tribal Child Welfare Legal and Judicial Issues were one of the five overarching themes or topic areas identified through the NRC4Tribes Needs Assessment Findings - Executive Summary and complete NRC4Tribes Needs Assessment Findings. Legal and Judicial issues include not only federal child welfare legislation, but also tribal children’s codes along with participants’ experiences working with state/county, and tribal courts and child protection/multidisciplinary teams. The NRC4Tribes Needs Assessment includes a series of specific findings and recommendations concerning Tribal Child Welfare Legal and Judicial Issues. Tribes participating in this needs assessment identified a wide range of technical assistance needs with regard to legal and judicial issues needed in order for the Tribe to meet their desired outcomes for their child welfare system. There was a particular need for assistance with Tribal children’s code development in order to more effectively develop a Tribal Children’s Code that aligns with their practice model; reflects the culture and values of the tribe; and includes federal child welfare requirements.

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	Indian Child Welfare Act (ICWA) The Indian Child Welfare Act of 1978 had two overall purposes: (1) to affirm existing tribal authority to handle child protection cases involving Indian children and to establish a preference for exclusive tribal jurisdiction over these cases; (2) to regulate and set minimum standards for the handling of those cases remaining in state court and in state child social services agencies.		NRC4Tribes Technical Assistance Needs Assessment: Tribal Child Welfare Legal and Judicial Issues The NRC4Tribes Needs Assessment Findings - Executive Summary and complete NRC4Tribes Needs Assessment Findings include a series of specific findings and recommendations concerning Legal and Judicial Issues.
	Other Relevant Federal Child Welfare Laws It is important to be familiar with both Major Federal Legislation Concerned With Child Protection, Child Welfare, and Adoption and How Federal Legislation Impacts Child Welfare Service Delivery.		Frequently Asked Questions (FAQs) concerning Tribal Child Welfare Legal and Judicial Issues Frequently Asked Questions (FAQs) concerning Tribal Child Welfare Legal and Judicial Issues, that is, what are the most important issues concerning Tribal Child Welfare Legal and Judicial Issues for Tribal Child Welfare Workers.
	Fostering Connections Act It is important to be familiar with the Fostering Connections Act and the wide range of resources available concerning the Fostering Connections Act such as those available through the www.FosteringConnections.org website and Judicial Guide to Implementing the Fostering Connections to Success and Increasing Adoptions Act of 2008 (PL 110-351)		Fostering Connections website resources concerning Tribal Child Welfare Legal and - Judicial Issues The www.FosteringConnections.org website is a gathering place of information, training and tools related to furthering the implementation of the Fostering Connections law. Specifically, this site aims to connect implementers with the latest information and the best experts and advocates working on these issues.
	Tribal Title IV-E Legal Resources There are many Title IV-E: Legal Requirements that tribes must meet in order to comply with the direct tribal title IV-E [link the words “direct tribal title IV-E” to that section of the Tribal Child Welfare Funding webpage] provisions in the Fostering Connections Act.		Bureau of Indian Affairs resources concerning Tribal Child Welfare Legal and Judicial Issues The Bureau of Indian Affairs in the U.S. Department of the Interior has resources concerning Tribal Child Welfare Legal and Judicial Issues including those available through BIA Human Services Division.
	Tribal Children’s Code Resources The NRC4Tribes Needs Assessment recommended support for the development of Tribal Children’s Codes that align with the practice model, reflect the culture and values of the tribe, and meet federal child welfare requirements.		Child Protection Team Resources The NRC4Tribes Needs Assessment recommended technical assistance and resources to assist with Child Protection Teams.
	National Child Welfare Resource Center on Legal and Judicial Issues Provides expertise to courts, attorneys, Court Improvement Projects, and State and Tribal agencies on legal and judicial aspects of child welfare. The National Resource Center on Legal and Judicial Issues is the NRC which focuses on Child Welfare Legal and Judicial Issues. The purpose of these NRCs – members of the Children's Bureau T/TA Network - is to build the capacity of State, local, Tribal, and other publicly administered or publicly supported child welfare agencies and family and juvenile courts through the provision of training, technical assistance, research, and consultation on the full array of Federal requirements administered by the Children's Bureau [CB link]. The NRCs have developed a Statement on how the Children's Bureau National Resource Centers (NRCs) work with American Indian/Alaska Native Nations		Tribal Court Improvement Program (TCIP) and state Court Improvement Programs (CIP) In FY 2012, the Children’s Bureau for the first time provided funding for a Tribal Court Improvement Program (TCIP) which provides grants to improve the handling of child welfare cases by tribal courts, and increase and enhance the engagement of the entire family in court proceedings related to child welfare, family preservation, family reunification, and adoption.

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