ICWA History and Policy:

Creating and Monitoring Your Native American Inquiry Request (NAIR)

Presented by your Regional NAIR Specialists

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A video developed by the Mississippi Administrative Office of Courts/Court Improvement Program which focuses on educating non tribal entities on the Indian Child Welfare Act and other issues related to Native American values.

This video can also be found from the CA homepage under the Program –ICW tab.

http://www.youtube.com/watch?v=VJCqeauLvY8

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“Let us put our minds together and see what kind of life we can make for our children.”

Sitting Bull Hunkpapa Lakota Chief

CA social workers must identify a child as Indian early in the case activity. Such early identification is necessary to ensure that the Indian child is not traumatized by culturally inappropriate and/or illegal placements that must be interrupted at a later date to comply with the Indian placement requirements of the ICW and/or WAC.

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• Inquire into child’s Indian status from Intake to case closure.

• Create Detailed Family Ancestry Chart

• Inquiries sent to Indian Tribe/Bands/Nations

It’s the Law. Congress passed ICWA in 1978

in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a

Federally Recognized Tribe

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Federal ICW defines Indian child as:

•A person under the age of 18 who is the biological child of a member of a federally recognized tribe and who is also eligible for enrollment or membership of that tribe.

Washington State definition includes:

•Children whose tribe recognizes them as a member of the community but cannot be enrolled based on the given tribes enrollment criteria.

•Indian Children who are members of tribes not federally recognized

•Canadian First Nations children

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Advocating for culturally relevant counseling, treatment, housing, and financial assistance.

Setting up and confirming appointments

Providing transportation

Involving extended family and tribal resources

Maintaining continuous contact and consultation with tribes and organizations

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1. A member of child’s extended family

2. A foster family for the same tribe as the child

3. An Indian foster family licensed by DCFS or private agency

4. An institution operated by an Indian tribe or organization suitable to meet the child’s needs

Important: Tribes need to be notified within 24 hours of

the child’s placement

Native American Population 3.08 million

Largest U.S. Tribes Washington State Tribes

Navajo 307,555 Yakama 7,850Cherokee 262,224 Colville 7,140Sioux 114,047 Lummi 2,956Chippewa 107,322 Quinault 2,412Choctaw 82,299

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Samish Nation

Quileute Tribe

Don’t make a Native American Identity Request (NAIR) until you have checked FamLink and the Case File to verify one hasn’t already been completed or is in process

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Start from your FamLink Main Page

Click on Case Name

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Click on Child’s Name

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Click the ICW Tab

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The Tribe with the most case participation will show under the ICW Involvement section

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Pending: The Department has sent an inquiry to the Tribe(s) but hasn’t received a response yet

None: The Child does not meet the WAC or federal ICWA definition of Indian

ICWA- Jurisdiction: The Tribe has assumed Jurisdiction

ICWA- Party to Case: A federally recognized Tribe has determined that the child is a member or is eligible for membership and has requested to be a party to the case in state court.

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WAC- Party to Case: A non-federally recognized Tribe has determined that the child is a member or is eligible for membership and has requested to be a party to the case in state court.

ICWA- Consultant: A federally recognized Tribe has determined that the child is a member or is eligible for membership. Tribe wishes to be involved in case planning but chooses not to take jurisdiction or have party status at this time.

WAC –Consultant: Child meets WAC but not ICWA definition of Indian child but Tribe wishes to be involved in case planning but does not wish to take jurisdiction or have party status at this time.

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ICWA – Non Involved/Notified: The child meets the federal ICWA definition of Indian, but the Tribe is not going to be involved in the case at this time

WAC- Non Involved/Notified: The child meets the WAC but not the federal ICWA definition of Indian. The Tribe is not going to be involved in the case at this time

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Tribal Membership and Tribal Enrollment are not the same thing. Tribal enrollment is a process. About half of all Native Americans and Alaska Natives are formally enrolled in their Tribe. To be enrolled in a Tribe, a person must be a Tribal member; membership in a Tribe is not dependent upon being enrolled. This is a very important distinction that all workers need to understand, since the ICWA applies to children who are members or eligible for membership in a Tribe, not just those who are enrolled in a Tribe.

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Only a Tribe makes determination of a child's tribal membership status. A Tribes determination of membership or eligibility for membership is final. The social worker does not make the

determination of an Indian child's membership or eligibility status.

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Date Sent and Response Received

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Don’t forget to use the scroll down bar to unlock hidden informationScroll Down

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If No Tribal Affiliation Record is found a NAIR is required

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1) Identify the children who may have Tribal Affiliation

2) Look under the child’s ICW tab to verify a search hasn’t already been completed

3) Create a Family Ancestry Chart in FamLink for ALL children you’re requesting a NAIR for.

4) Send a formal request to your NAIR Specialist

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Start from the FamLink main page

Click on Case Name

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Click on Child’s Name

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From Child’s Person Management Page

Click on Additional Information Tab

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If names of parent(s) are present you can skip this step and go

directly to Creating Family Ancestry Chart

Click on Search Button

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Input Parent’s Name, ID #

or Social Security #

Click Search

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Often you’ll find numerous persons with the same name. It is very important that you are sure you‘re identifying the correct person. Failure to do this will connect unrelated persons to the child’s case. Don’t Guess.

Choose Parent

Click Continue

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Click on Family Ancestry Chart

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Information Pre-Filled

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Tribes require: Full Names, Dates of Birth, Birth Locations and clear line

of Native American lineage to complete

our Native American Inquiry Requests.

Failure to provide information often results in having to redo the search.

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Add Tribe(s) of Reported Ancestry

Case #

Remember the rule, last name, first name then middle name

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Even family members that report NO Native American ancestry need the information completed fully. Ancestry Charts should have all information pertaining to at least

Grandparents on both sides. Great Grandparent information is often required by Tribe to verify heritage.

If No Tribal affiliation is identified input Non-Native, Unknown Or None Noted.

Don’t leave Blank

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Creating an Ancestry Chart

1.Get into groups of two2.Create a detailed ancestry chart for your partner

What issues occurred during this process?

What barriers do you anticipate happening in the field?

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1. Print Copy for File. This MUST be none or document will not save.

2. Click X on upper right

3. Box will pop up asking if you wish to save, click Yes

1st Print2nd Click X

3rd Click Yes on Pop Up Box

This is the ONLY place in FamLink where you will be required to click X

prior to saving

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Click Continue

Ancestry Chart is now saved in FamLink

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Once you’ve verified a NAIR is needed and created the Family Ancestry Chart in FamLink it’s time to make a formal request.

An email with the following information must be emailed to: DSHS DL CA R2 Relative Search – North to activate the request.

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• Once faxes/letters are sent to the Tribes the NAIR Specialist will send you a copy of the letters sent and confirmation of faxes received by the Tribe if available.

• Throughout this process you’ll receive Tribal responses as they arrive. The NAIR Specialist will enter the response into FamLink prior to sending you the response.

• Response letters should be immediately put into the current case file under the ICW Tab.

• To check on the current status of the NAIR look under the child’s ICW tab as you did to verify a NAIR was needed.

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Dates letters were sent

NAIR Searches can take several months to get responses back from all Tribes contacted.

In the event the NAIR Specialist doesn’t hear back from a Tribe within 45-60 day a second letter is faxed or mailed.

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Once a child has been determined to be enrolled, or eligible for enrollment and/or membership in a Tribe the social worker must seek to include the child’s Tribe throughout every step of the case process.

This includes both federally recognized Tribes and non-federally recognized Tribes.

Remember:  If there’s ever a question regarding a child’s enrollment status it’s the primary social workers responsibility to contact that Tribe directly.

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Click the ICW Tab

From the child’s Person Management Page click the ICW tab

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Click the Insert Button

If the Tribe you’re looking for is not listed click the

insert button

Contact information listed under the Tribes name(s)

Contact Info

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Click Search

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Insert Tribes name then click Search

Click

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Click select next to the Tribe you’re needing data for. The Tribes contact information

populate as follows:

Putting together ICW Policy and Procedures

1.What do you do first?

2.Is the Child Indian?

3.What do you do if the parents don’t want the tribe contacted?

4.How would you make a NAIR referral?

5.What forms should be sent to the Tribe(s)?

6.What “active efforts” are required to adhere to placement preferences?

7.When should you request a LICWAC staffing?

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