Lakota Oyate Wakanyeja Owicakiyapi

The purpose of the LOWO Tiwahe Risk Assessment/Investigation is to protect children from risks of harm and to assess the family and provide services to parents, guardians and custodians to strengthen the protective parenting styles that they already have built into their Tiwahe and Tiyospaye.

Determination on if maltreatment to the child has occurred

Identify the strengths and needs of the Tiwahe (family)

Exploration of the likelihood that future maltreatment will occur

Examine three risk levels of Wakanyeja Safety (knowledge objective)

Completion of Risk Assessment Tools (skills objective)

Assessment of family functioning (abilities objective)

LOWO CPS has established well defined risk assessment guidelines for investigating wakanyeja abuse and neglect reports. The LOWO child protective services will conduct risk assessments to determine maltreatment, or if any wakanyeja in the home is at risk for maltreatment to initiate protective services and to make referrals as deemed appropriate.

LOWO will conduct Wopasi (Assessment/Investigation) on wakanyeja abuse/neglect reports that are “screened in” and assigned to a Risk Assessment (Investigator) Worker during the intake screening process.

Section 406.4 requires all abuse and neglect reports to be jointly investigated by LOWO CPS and the Department of Public Safety. However LOWO CPS is the lead agency for conducting wopasi on maltreatment reports in order to determine treatment and services needs and to provide treatment and services to the wakanyeja and tiwahe

Section 406.4 distinguishes the responsibilities of agencies involved in wakanyeja abuse and neglect reports: The Department of Public Safety is the lead

agency to investigate reports of wakanyeja abuse for the purpose of criminal prosecution: and

The BIA Criminal Investigation Unit is the lead agency to investigate reports of sexual abuse for the purposes of criminal prosectuion

Section 406.4 (d) designates the Child Advocacy Center to conduct forensic interviews in maltreatment cases and when a need exists to collect eveidence for potential criminal prosecution

Section 406.4 (g) (1)-(5) designates the Office of the Attorney General’s responsibilities that includes, but not limited to the prosecuting wakanyeja abuse and neglect cases, conducting wopasi and making referrals of suspected wakanyeja abuse and neglect reports and participating in the Integrated Child Welfare Work Group

LOWO approaches a report of Wakanyeja Abuse and Neglect through the “Tiwahe Risk Assessment Process” which supports the family strengths as well as the “Investigative Assessment Approach” which utilizes the forensic interviewing techniques to determine if maltreatment occurred.

The folloing professionals, agencies or groups may participate in some aspect of the Wopasi (Risk Assessment/Investigation) The Integrated Child Welfare Work Group The Multi-disciplinary team The Tiyospaye Advisory Council The Tiyospaye Nawicakicijinpi The Tiyospaye Interpreters Medical Personnel Educational Personnel Mental Health Personnel Child Care Providers Criminal Investigators

Priority 1 High Risk – (Imminent Danger): respond immediately, based on obvious active threats to child safety. The child is currently exposed to abuse/neglect

Priority 2 Intermediate (Foreseeable Danger): there may be underlying dangerous family conditions that would pose a threat to the safety of the Wakanyeja

Priority 3 – Low/No Risk: No immediate or foreseeable danger however risk factors may rise to the level of foreseeable or imminent danger

In cases of imminent danger, visual contact must occur immediately

In cases of foreseeable danger, visual contact must occur within 3 calendar days of the report

In cases where there is identified risk and the wakanyeja is 0-6 years of age and cannot protect themselves, visual contact must occur within 7 calendar days of the report

In cases where there is identified risk and the wakanyeja is 7 – 18 years of age, and there are indications the wakanyeja can protect self, visual contact must occur within 14 calendar days of the report

Imminent or foreseeable danger or risk, and mal-treated does not have access to the wakanyeja, visual contact must occur within 14 calendar days of the report or before mal-treated has contact with the wakanyeja

When a Wakanyeja Abuse/Neglect referral has been assigned “screened-in” for a Risk Assessment (Investigation) to occur, a face-to-face visual contact with the maltreated wakanyeja must occur to assess level of risk as well as protect the maltreated wakanyeja from imminent danger

This process allows for the Wakanyeja to provide information on rather the alleged incident occurred without the perpetrator interceding and affecting the outcome.

(Hand Out – Wakanyeja Interviewing Questions)

Maltreated child Non-maltreated child Non-Perpetrating parent Perpetrating Parent

The focus of the Safety Evaluation is to identify any existing conditions of placing the wakanyeja in an unprotected situation and/or imminent danger.

The Risk Assessment examines risk factors predictive of future maltreatment of the Wakanyeja

(Hand Out – Safety Plan)

SAFETY FACTORS

Maltreated Wakanyeja Wakanyeja severely deprived suffering from

malnutrition, cruel restraints, or is locked up Previously maltreated Wakanyeja , prior CA/N

history, caretaker reaction Non-accidental trauma – inconsistent with

injury type Sexual abuse and/or sexual exploitation Parent, guardian or custodian unable to

protect or provide care due to substance abuse

Domestic violence places Wakanyeja in serious danger of being harmed

Life threatening arrangements exist now Wakanyeja physical and mental health require

immediate response Parent, guardian or custodian cannot protect

the wakanyeja from harm by others such as PA, SA or Neglect

Parent, guardian or custodian cannot meet basic needs, food, clothing, health care or is presently unsupervised

Wakanyeja is afraid of current living situation

SAFETY INTERVENTIONS

Use of Tiyospaye Interpreter as care provider

Use of the tiwahe/Tiyospaye as care providers

Use of the Awayanka (In-Home Over Night Care)

The non-offending caregiver appropriately protect the Wakanyeja from the alleged perpetrator

The alleged perpetrator must leave the home

The non-offending caregiver appropriately protect the Wakanyeja from the alleged perpetrator

The non-offending caregiver must move to a safe environment with the Wakanyeja

Wakanyeja is placed in protective custody to assure safety

A determination will be made on Wakanyeja Safety upon the Safety Evaluation: If no significant risk factors were identified and no abuse and

neglect occurred and the wakanyeja is safe then safety interventions do not need to be explored

If the worker has identified significant risk factors and/or injury to the wakanyeja has occurred, then the wakanyeja is not safe. The worker must then determine the best and least restrictive setting to keep the wakanyeja safe while child protective services or support services are provided to the tiwahe.

Some low – intermediate risk factors exist, but the tiwahe has agreed to use traditional Lakota and/or western-mainstream interventions to sufficiently address the risk factors that would adequately ensure the safety of the wakanyeja.

Safety Assessment Questions Is the situation out of control without any means to

maintain safety and keep the Wakanyeja from harm Was the situation observed or observable that can be

described in detail The situation has caused injury to the Wakanyeja The situation has reached a point where the injury could be

inflicted on the Wakanyeja Are there any caregivers that can provide for and ensure

the safety of the Wakanyeja Has sufficient information been gathered and analyzed to

make a safety and risk determination and investigative disposition

When imminent danger has occurred due to the actions of the parents, guardians, custodians or by actions of the wakanyeja, removal from the home will occur.

A determination will be made whether the presenting circumstances of the Wopasi warrant the removal of the wakanyeja from their parents, guardians, custodians and placed into temporary emergency care

The Risk Assessment and Safety Evaluation take a comprehensive approach in assessing the primary caretakers. Examining the caregiver’s behaviors, emotions, level of functioning that could pose a threat to the Wakanyeja or illustrate their capacity to protect the Wakanyeja. Assessment of the physical setting, home, atmosphere and the people living in the home.

To assure the safety of the Wakanyeja, it is important to assess the Tiyospaye member’s care-giving role as well as their protective capacities. If they serve as a caregiver a determination will be made on if they will be part of the Risk Assessment and Safety Evaluation, as well as a potential safety plan.

WAKANYEJA MALTREATMENT

Identifying alleged child

TIWAHE ASSESSMENT

Assessment of Tiwahe functioning

The LOWO Risk Assessment is two-fold!

What questions do you ask during the interview (Wakanyeja Maltreatment) Process?

What questions do you ask during the Tiwahe Assessment Process?

Risk Factors are the behaviors of the child and parent that can lead to child maltreatment. In conducting the risk assessment on the Wakanyeja Na Tiwahe it is imperative to involve the whole Tiwahe in the assessment process, family engagement is the vital step in obtaining information to make thoroughly decision on what risk factors may be present within the family.

High Risk: The parents, caretakers or guardians are young Little to no knowledge of child development Child discipline that does not match the child’s

development Lack appropriate parenting skills to care for children Inadequate coping strategies, high levels of stress No access to resources and services Domestic Violence, Substance Abuse, Mental Health Unemployment Child is seen in negative terms, unwanted or “mistake” Child is physically or mental disadvantaged Lack of social support

Moderate Risk: Limited resources and services Limited understanding of basic childhood development Changes in family dynamics: divorce, separation Diminishing mental, social or physical health of parent Employment or marital status changes Changes in Child’s physical or mental health Prior history of child abuse & neglect History of substance abuse

Low Risk Parents has appropriate parenting skills

that match the child’s development Parents have services and resources to

meet the child and families needs Prior challenges with substance abuse,

no longer current

Age of Wakanyeja ability to protect or care for self

Alleged Wakanyeja Maltreatment Imminent danger, foreseeable or risk to

Wakanyeja Likelihood of future wakanyeja maltreatment Parent, Guardian or Custodian level of

cooperation Previous history of Wakanyeja Abuse & Neglect Perpetrator’s access to Wakanyeja Presences of parent substitute

How does the Wakanyeja function and could the functioning ability place the wakanyeja at risk?

Wakanyeja Spirituality or Religion Wakanyeja Education Wakanyeja Social Wakanyeja Mental Health Wakanyeja Physical Health Wakanyeja Independent Living Skills

How does the parent function and could the functioning ability place the wakanyeja at risk?

Spirituality Ability to problem solve & access services Income Mental Health Education Social Physical Health

Observing and assessing parental functioning can assist in determining the level of skill the parent possess to assure wakanyeja safety.

Parenting Skills (General) Discipline MethodsSupervision

Given the importance of Tiyospaye Interpreters, Wakan Iyeska and spiritual and cultural practices the LOWO Assessment Worker should identify the following within the Risk Assessment. The Tiwahe participates in Lakota practices

and customs The Tiwahe have a preferred Wakan Iyeska The Tiwahe requests cultural services

. This contact log serves as written form of supportive documentation that the wakanyeja and tiwahe were assessed and interviewed, in the event that the Tribal Court System requests to review the Risk Assessment, a through documented narrative can be provided to support the dispositional outcome of the risk assessment.

If the investigation finds abuse/neglect did not occur or if there were no risk factors indicating the wakanyeja would be harmed, the following should occur: Referral Not Appropriate: “Inactive” status

placed on case, Otunga Ekignakapi (End Process) concludes the Wopasi (Investigation)

Tokunl (Referral is Appropriate: Tiwahe voluntary requests services. LOWO CPS assists tiwahe in identifying interventions, including referrals to Tiyospaye Interpreters

A determination for referral of services will be made for the Tiwahe in the absence of maltreatment, the Tiwahe need for services or if intermediate or high risk factors exist

Referral Not Appropriate: If the need of additional services is not warranted or request by the Tiwahe, then an “inactive” status is initiated, or Otuga Ekignakapi (End Process) concludes the Risk Assessment and contact with wakanyeja, parents, guardians or custodians.

Tokunl (Referral)/Referral is appropriate: If continuing risk factors exist and there is supporting evidence to warrant additional services to maintain wakanyeja a referral will be made for supportive or therapeutic services. The Tiwahe may also request voluntary services to help improve family functioning.

There are three possible dispositions as a result of the Wopasi (investigation). Unsubstantiated: The LOWO CPS determines that it is

reasonable to conclude that abuse or neglect has not occurred.

Indicated: The LOWO CPS has determined during the course of the Wopasi (Investigation) that some evidence of child maltreatment occurred however not enough to substantiate the case

Substantiated: The LOWO CPS determines that the allegation of wakanyeja abuse or neglect or that a high risk level for future maltreatment was present