ICWA Education
Advanced ICWA:
ICWA Inquiry and Notice
This is a self-paced online course for members of the California court and law enforcement communities with roles in implementing the Indian Child Welfare Act. Click here to view the online course.
(Live Webinar Recorded June 4, 2024)
ICWA compliance continues to result in appeals in California. Our experts examined the themes in these cases, what courts are struggling with, and possible solutions and best practices regarding inquiry, notice and tribal engagement, participation more. In addition, this webinar explored the outcome of the decision in Brackeen v. Haaland, the new California Tribal Dependency Representation program and recent rule of court governing discretionary tribal participation in juvenile cases.
Speakers:
Judge Shawna Schwarz, Supervising Judge of the Dependency Court, Superior Court of California, County of Santa Clara; and
Judge Dean Stout, Chief Judge of the Bishop Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.)
Housing and Active Efforts Under the Indian Child Welfare Act
The Indian Child Welfare Act requires child welfare agencies to make “active efforts” to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family whenever an Indian child is removed from the custody of their parents. This podcast explores how active effects relates to the problem of adequate housing which often arises in child welfare cases.
Speakers:
Vevila Blossoming Bear, Tribal Liaison, California Interagency Council on Homelessness, Business Consumer and Housing Services Agency
Kimberly Cluff, Legal Director, California Tribal Families Coalition
Rachel Veiga, Housing Program Director, Trinidad Rancheria
Michael Howton, Housing Case Manager, Trinidad Rancheria
The Essential Role of Qualified Expert Witnesses in Complying with the Indian Child Welfare Act
Enacted in 1978, the Indian Child Welfare Act requires evidence from a Qualified Expert Witness before an Indian child can be involuntarily placed in foster care, or before parental rights to an Indian child can be involuntarily terminated. This podcast explores the context for and underlying purpose of this requirement and how judicial officers can evaluate whether an individual meets the requirements to serve as a QEW and whether the evidence provided meets the standards set out in state and federal law.
Speakers:
Judge Abby Abinanti, Chief Judge of the Yurok Tribal Court
Elizabeth Elgin DeRouen, Executive Director, Indian Child and Family Preservation Program, Santa Rosa California
Dr. Art Martinez, PHD, Clinical Psychologist, Tribal Child Welfare Specialist
Judge Ann C. Moorman, Judge of the Superior Court of California, County of Mendocino
Judge Dean Stout, Chief Judge of the Bishop Paiute Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.)
Juvenile Justice & Tribal Youth: What Judges & Attorneys Need To Know (Podcast)
Tribal youth are disproportionately represented in both the child welfare and juvenile justice systems. In this podcast, we will hear from Marshal Galvan, a member of the Little Shell Tribe of Chippewa Indians of Montana who, at the age of four, was removed from his family and permanently placed into the California foster system. Mr. Galvan will discuss California’s tribal history and his experience with the juvenile justice system, highlighting the connection between tribal intergenerational trauma and the juvenile justice system. Our panelists will discuss issues in the juvenile justice system related to tribal communities and the Indian Child Welfare Act, as well as innovative courtroom practices, collaborative efforts, and community involvement.
Speakers:
Mr. Marshal Galvan, 1st Year MSW Student, University of California, Berkeley;
Hon. Ana España, Presiding Judge, Juvenile Court Division, Superior Court of California, County of San Diego;
Hon. Devon Lomayesva, Chief Judge Intertribal Court of Southern California;
Ms. Veronica Miramontes, Restorative Justice Professional-MILPA Collective and Moderator.
Indian Child Welfare Act (ICWA) Legal Update
(Live Webinar Recorded March 27, 2023)
2022 saw another surge of ICWA Inquiry and notice appeals. Our experts examined the themes in these cases, what courts are struggling with, and possible solutions and best practices regarding inquiry, notice and tribal engagement and participation more generally. In addition, there is a new program that will soon be rolling out to provide federally recognized tribes in California with funding to hire attorneys to represent them in juvenile dependency cases in California courts. This webinar will help judges and attorneys understand the scope, purpose, and limits of that program. There was also discussion of the Brackeen v. Haaland case currently pending before the U.S. Supreme Court and its’ possible impacts in California.
Speakers:
Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara; Judge Mark Vezzola, Chief Judge of the Pala Band of Mission Indians and Chemehuevi Indian Tribal Courts
The Role of Tribal Advocates in Indian Child Welfare Act Cases (Podcast)
In lieu of attorneys, many tribes exercise their right to participate in ICWA cases through tribal advocates. In this podcast you will hear from tribal advocates about the work that they do, some common practices and situations that make their job more difficult, and strategies that help address those challenges. You will also hear from two California State Court Judges about the value of tribal advocates and how they help facilitate tribal participation in their court rooms.
Speakers:
Liz Elgin DeRouen, executive director, Indian Child and Family Preservation Program; ICWA Advocate
Hon. Joyce Hinrichs, Judge of the Superior Court of California, County of Humboldt
Hon. Ann Moorman, Judge of the Superior Court of California, County of Mendocino
Melissa Norwood, Trinidad Rancheria social worker; ICWA Advocate
Angela Sundberg, Trinidad Rancheria Social Services Director; ICWA Advocate
Juvenile Justice & Tribal Youth: What Judges & Attorneys Need to Know
(Live Webinar Recorded April 27, 2022)
Tribal youth are disproportionately represented at the intersection of the child welfare system and the juvenile justice system. According to “The Sentencing Project”, California’s tribal youth are 4.4 times more likely to be incarcerated than white youth. In this webinar, panelists highlight issues within the juvenile justice system in relation to tribal communities and application of the Indian Child Welfare Act, and discuss innovative courtroom practices, collaborative efforts, community involvement, outreach support, and long-term intervention and prevention methods.
Topics discussed include:
- Overview of historical trauma and the juvenile justice system in tribal communities
- Intersectionality of the child welfare system and the juvenile justice system for tribal youth where ICWA applies or Spirit of the Law
- Barriers for tribal youth to receive cultural resources and support systems
- Implementation of innovative best practices
Speakers: Judge Ana España, Presiding Judge, Juvenile Court Division, Superior Court of California, County of San Diego; Judge Devon Lomayesva, Chief Judge Intertribal Court of Southern California; Ms. Veronica Miramontes, Restorative Justice Professional-MILPA Collective and Moderator: Mr. Marshal Galvan, 1st Year MSW Student, University of California, Berkeley.
Indian Child Welfare Act (ICWA) Legal Update
(Live Webinar Recorded April 6, 2022)
Over the last several years there have been changes to California law implementing the requirements of the Indian Child Welfare Act, and in particular the requirements concerning inquiry and tribal engagement and notification. These were once again the subjects of appellate review this last year. Our experts examined the themes in these cases, what courts are struggling with, and discussed possible solutions and best practices around inquiry, notice and tribal engagement and participation more generally.
Speakers: Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara; and Judge Mark Vezzola, Chief Judge of the Pala Band of Mission Indians and Chemehuevi Indian Tribal Courts.
Tribal Customary Adoption: What Judges & Attorneys Need to Know
(A live webinar recorded December 8, 2021)
Developed by tribes and enacted into California Law effective 2010, Tribal Customary Adoption (TCA) provides a culturally appropriate permanency option for Indian children in the California child welfare system. Due to lack of awareness and understanding, the promise of TCA has not been fulfilled -- to the detriment of Indian children and families. Our panel of experts discussed an overview of TCA and the TCA process; some of the issues and barriers that undermine the full implementation of TCA; what Judicial Officers should do to ensure that the requirements of TCA are fulfilled; the role of County Counsel in ensuring that their clients are fulfilling their obligations around TCA and permanency for Indian children more generally; and the role of attorneys for Indian parents and children in ensuring the best permanency outcomes for their clients, including the need to maintain family and cultural connections.
Faculty: Shannon Cox, Deputy County Counsel, Mendocino County; Elizabeth (Liz) Elgin DeRouen, Executive Director, Indian Child & Family Preservation Program, Santa Rosa, CA; Hon. Ann C. Moorman, Presiding Judge of the Superior Court of California, County of Mendocino; Joanne Willis Newton, Attorney, Law Offices of Joanne Willis Newton, General Counsel to the Indian Child & Family Preservation Program.
State and Tribal Court Collaboration on Juvenile Delinquency Healing to Wellness Courts
(A live webinar recorded December 17, 2021)
In California tribal youth are over four times more likely to be incarcerated than white youth. Research establishes that culture is a protective factor for tribal youth. California law protects the rights of all tribal youth in the foster care system to maintain their culture and their tribal connections. All of this speaks to the need for collaboration between state and tribal justice systems to meet the needs of tribal youth. Our panel of experts discussed how collaborations between state and tribal justice systems can improve outcomes for tribal youth using a case study of the collaborations between the Inyo County Superior Court and the Bishop Tribal Court in establishing a healing to wellness court. Topics discussed included: An overview of Tribal Healing to Wellness Courts, with consideration to both adult and juvenile approaches; the need for collaboration to support effective Wellness Court referral and resource identification; a dialogue with judicial partners from the Bishop Paiute Tribe and Inyo County California.
Faculty: Hon. Stephen M. Place, Presiding Judge, Inyo County Superior Court; Hon. Dean Stout, Chief Judge of the Bishop Paiute Tribal Court; Kristina Pacheco and Anna Clough, Tribal Law and Policy Institute.
Juvenile Dependency Update (Podcast)
In this snippet of the podcast created from the June 2021 Juvenile Dependency Update video, retired Judge Len Edwards and panelists Judge Tari Cody and Judge Shawna Schwarz discuss cases involving the Indian Child Welfare Act.
Faculty: Hon. Leonard P. Edwards (Ret.), Volunteer Mentor Judge, Center for Families, Children & the Courts, Judicial Council of California; Hon. Tari Cody, Judge of the Superior Court of California, County of Ventura; Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara.
ICWA Qualified Expert Witness: What Judges & Attorneys Need to Know (Live Webinar Held 02/22/2022)
This 1 hour training for judges, attorneys, and other juvenile court stakeholders the panel of experts discussed what judicial officers and county counsel should be looking for from a QEW and what attorneys for parents, children and tribes should be ensuring that QEW testimony in a given case fulfills the mandates of ICWA.
Topics discussed include:
- Purpose, scope, and content of QEW testimony;
- Selecting and qualifying a QEW;
- What a QEW should be doing to develop their opinion; and
- What a QEW report or testimony should include.
Faculty: Hon. Jerilyn Borack, Judge of the Superior Court of California, County of Sacramento; Elizabeth (Liz) Elgin DeRouen, Executive Director, Indian Child & Family Preservation Program, Santa Rosa, CA; Vevila Hussey ,Founder, Raven Consulting Solutions, Sacramento CA; Jeremy Meltzer, Deputy County Counsel, Mendocino County; Joanne Willis Newton, Attorney, Law Offices of Joanne Willis Newton, General Council to the Indian Child & Family Preservation Program; and Scott Castillo, Attorney, Law Office of N. Scott Castillo.
Discretionary Tribal Participation in Juvenile Dependency and Delinquency Cases Involving Native American Children (Live Webinar Held 04/06/2021)
This 1.5 hour training for judges, attorneys, and other juvenile court stakeholders examined the issues of the legal and practical importance of a child and family’s Native American identification when the child and family are involved in juvenile court proceedings, even if the Indian Child Welfare Act does not apply. When ICWA applies to a case, the tribe has a right to fully participate. When ICWA does not apply, there is often a misconception that the child and family’s Native American identity has no bearing on the case. This webinar explored the law governing the proper exercise of the juvenile court’s discretion to allow a tribe to participate in a juvenile case (both dependency and delinquency) involving a Native American child when the ICWA does not apply. A panel of legal experts will discuss the legal framework outside of ICWA and other factors that suggest that courts should exercise their discretion liberally in favor of allowing tribal participation in all juvenile cases when a tribe wishes to participate.
Faculty: Hon. Devon Lomayesva, Chief Judge of the Intertribal Court of Southern California; Hon. Dean Stout, Chief Judge of the Bishop Paiute Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.); Pamela Villasenor, Indian Child Welfare Act Representative, Fernandeno Tataviam Band of Mission Indians
Family Separation and the Indian Child Welfare Act (ICWA) (Live Webinar Held 11/10/2021)
This 1.5-hour training for judges, attorneys, and other juvenile court stakeholders provided an overview of contemporary and historic legal issues impacting Native American communities, how those led to the enactment of the Indian Child Welfare Act, and the Indian Child Welfare Act’s ongoing focus on maintain family and tribal connections. Topics included the history of laws and policies of child and family separations in immigrant and indigenous communities, historical trauma and its implications when working with indigenous and immigrant families, and updates and discussion of ICWA related cases and decisions.
Faculty: Hyun-mi Kim, Equal Justice Works Fellow at Asian Pacific Islander Legal Outreach (APILO)
Active Efforts: What Judicial Officers and Counsel for Parents and Children Need to Know (Live Webinar Held 06/15/2021)
This one-hour training for judges, attorneys, and other juvenile court stakeholders examined the requirements of active efforts in cases governed by the Indian Child Welfare Act. In cases governed by ICWA children and parents are entitled to “active efforts” rather than reasonable services. This webinar examined how these two things are different, what judicial officers should be looking for in a case plan and report to ensure that an agency is providing active efforts in an ICWA case, what questions counsel for an Indian parent or child should be asking and what they should be demanding on behalf of their clients to ensure that active efforts are being provided. This webinar provided a close look at these questions and practical strategies for ensuring the active efforts requirement is being complied with.
Faculty: Hon. Leonard Edwards, Judge of the Superior Court of California, County of Santa Clara (Ret.); Antoinette Fabela (Ojibawa), MA, AMFT, ICWA Consultant/Trainer/QEW; David M. Meyers, COO Dependency Legal Services; and Jedd Parr, Directing Attorney, California Indian Legal Services
Tribal Community Corrections and Fatherhood: A Modern Approach to Reducing Recidivism and Creating Healthy Communities (Live Webinar Held 10/27/2020)
This 1.5-hour training for judges, attorneys, and other juvenile court stakeholders explored the historical and societal perceptions of Native American men and fatherhood and how tribal government, judicial systems and corrections can impact recidivism rates and re-offending. It also discussed various program models that deter re-offending and recidivism and address harm in keeping families together.
Faculty: Kevin Poleyumptewa, Project Coordinator, National Criminal Justice Training Center of Fox Valley Technical College and Vida Castaneda, Senior Analyst, Judicial Council of California
Indian Child Welfare Act (ICWA) Inquiry in California Legal Update for 2021 (Live Webinar Held 12/4/2020)
This two-hour training for judges, attorneys, and other juvenile court stakeholders provided an overview of recent changes to federal and California law governing the inquiry requirements of the Indian Child Welfare Act. Topics covered included recent changes to federal regulations and California statutes and rules regarding inquiry under the Indian Child Welfare Act, the difference between “reason to believe” and “reason to know” under Welfare & Institutions Code 224.2, the requirements of “further inquiry” under Welfare & Institutions Code 224.2(e), when informal contact with a tribe by phone, fax, and email required and what this informal contact should include, and when formal ICWA Notice is required.
Faculty: Hon. Shawna M. Schwarz, Supervising Judge, Juvenile Dependency Division, Superior Court of California, County of Santa Clara, Hon. Sunshine S. Sykes, Judge of the Superior Court of California, County of Riverside, Hon. Michael E. Whitaker, Judge of the Superior Court of California, County of Los Angeles, and Mr. Christopher S. Costa, Deputy County Counsel, Sacramento County Counsel’s Office.
An Historical and Cultural Perspective on ICWA
This is a presentation on the background and purpose of ICWA by Justice William Thorne, Associate Presiding Judge of the Utah Court of Appeals and former tribal court judge in Utah, Idaho, Montana, New Mexico, Colorado, Arizona, Wisconsin, South Dakota, Nebraska, and Michigan.
ICWA 101: Fundamentals of the Indian Child Welfare Act 
This broadcast will provide an overview of the Indian Child Welfare Act and discuss its impact on court staff. Through an expert panel that includes a court clerk and a tribal ICWA advocate, viewers will learn:
- The history and purpose of ICWA
- Key provisions such as inquiry, notice, "active efforts," and more
- ICWA's application in juvenile, family, and probate proceedings
- The roles and responsibilities of various parties in ensuring ICWA compliance
- Practical issues arising during ICWA cases, and how those issues can be addressed
Advanced ICWA: Detailed Provisions of the Indian Child Welfare Act ;
This broadcast will build on the introduction provided in ICWA 101: Fundamentals of the Indian Child Welfare Act by offering a more detailed examination of provisions that may emerge during cases where ICWA compliance is critical. Through an expert panel that includes a court clerk and other key ICWA partners, viewers will learn:
- Specific requirements related to inquiry, notice, Indian custodian's right to counsel, "active efforts," and "qualified expert witness testimony"
- Recommended legal findings and orders at each stage of an ICWA proceeding
- Issues and challenges from the perspective of a county social worker, probation officer, and tribal ICWA representative
Continuing the Dialogue
This broadcast features discussions by state and tribal court judges on the history of Native Americans in California, U.S. government impact on Native American families, federal and state laws, the Indian Child Welfare Act, and application of the ICWA. Transcript.
FACES
This video is an educational tool to increase awareness about the Indian Child Welfare Act and identification of American Indian/Alaska Native children in all cases to which the Act applies. This video is produced by the American Indian Enhancement Team (a collaboration of many partners, including the Judicial Council of California) and is intended to increase proper inquiry and notice and encourage following the spirit of the Act.
View the 1-minute version.
On-line Course
Domestic Violence Restraining Orders- this online course on CalDog is intended for court clerks, takes you through the restraining order request process, from the initial interaction with the person who wants a domestic violence restraining order through the hearing.
Indian Child Welfare Act (ICWA) Inquiry and Notice
This four-module online training series for judges, attorneys, and other juvenile court stakeholders gives participants a comprehensive overview of the reasons for and requirements of the federal Indian Child Welfare Act and implementing California law regarding inquiry about Indian ancestry and possible tribal affiliation and notice in cases governed by ICWA.
- Module One: The History and Purpose of the Indian Child Welfare Act | Resources
- Module Two: Initial Inquiry | Resources
- Module Three: Further Inquiry and Notice | Resources
- Module Four: ICWA Inquiry and Notice Best Practices | Resources
Powerpoints
1. Indian Child Welfare Act (ICWA): Nuts & Bolts - PowerPoint
2. View the PowerPoint handout prepared by Hon. William Thorne.
Radiolab Podcast: Adoptive Couple v. Baby Girl
This podcast is the story of the Supreme Court case Adoptive Couple v. Baby Girl which challenges parts of the 1978 Indian Child Welfare Act.
Advanced ICWA:
ICWA Inquiry and Notice
This is a self-paced online course for members of the California court and law enforcement communities with roles in implementing the Indian Child Welfare Act. Click here to view the online course.
(Live Webinar Recorded June 4, 2024)
ICWA compliance continues to result in appeals in California. Our experts examined the themes in these cases, what courts are struggling with, and possible solutions and best practices regarding inquiry, notice and tribal engagement, participation more. In addition, this webinar explored the outcome of the decision in Brackeen v. Haaland, the new California Tribal Dependency Representation program and recent rule of court governing discretionary tribal participation in juvenile cases.
Speakers:
Judge Shawna Schwarz, Supervising Judge of the Dependency Court, Superior Court of California, County of Santa Clara; and
Judge Dean Stout, Chief Judge of the Bishop Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.)
Housing and Active Efforts Under the Indian Child Welfare Act
The Indian Child Welfare Act requires child welfare agencies to make “active efforts” to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family whenever an Indian child is removed from the custody of their parents. This podcast explores how active effects relates to the problem of adequate housing which often arises in child welfare cases.
Speakers:
Vevila Blossoming Bear, Tribal Liaison, California Interagency Council on Homelessness, Business Consumer and Housing Services Agency
Kimberly Cluff, Legal Director, California Tribal Families Coalition
Rachel Veiga, Housing Program Director, Trinidad Rancheria
Michael Howton, Housing Case Manager, Trinidad Rancheria
The Essential Role of Qualified Expert Witnesses in Complying with the Indian Child Welfare Act
Enacted in 1978, the Indian Child Welfare Act requires evidence from a Qualified Expert Witness before an Indian child can be involuntarily placed in foster care, or before parental rights to an Indian child can be involuntarily terminated. This podcast explores the context for and underlying purpose of this requirement and how judicial officers can evaluate whether an individual meets the requirements to serve as a QEW and whether the evidence provided meets the standards set out in state and federal law.
Speakers:
Judge Abby Abinanti, Chief Judge of the Yurok Tribal Court
Elizabeth Elgin DeRouen, Executive Director, Indian Child and Family Preservation Program, Santa Rosa California
Dr. Art Martinez, PHD, Clinical Psychologist, Tribal Child Welfare Specialist
Judge Ann C. Moorman, Judge of the Superior Court of California, County of Mendocino
Judge Dean Stout, Chief Judge of the Bishop Paiute Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.)
Juvenile Justice & Tribal Youth: What Judges & Attorneys Need To Know (Podcast)
Tribal youth are disproportionately represented in both the child welfare and juvenile justice systems. In this podcast, we will hear from Marshal Galvan, a member of the Little Shell Tribe of Chippewa Indians of Montana who, at the age of four, was removed from his family and permanently placed into the California foster system. Mr. Galvan will discuss California’s tribal history and his experience with the juvenile justice system, highlighting the connection between tribal intergenerational trauma and the juvenile justice system. Our panelists will discuss issues in the juvenile justice system related to tribal communities and the Indian Child Welfare Act, as well as innovative courtroom practices, collaborative efforts, and community involvement.
Speakers:
Mr. Marshal Galvan, 1st Year MSW Student, University of California, Berkeley;
Hon. Ana España, Presiding Judge, Juvenile Court Division, Superior Court of California, County of San Diego;
Hon. Devon Lomayesva, Chief Judge Intertribal Court of Southern California;
Ms. Veronica Miramontes, Restorative Justice Professional-MILPA Collective and Moderator.
Indian Child Welfare Act (ICWA) Legal Update
(Live Webinar Recorded March 27, 2023)
2022 saw another surge of ICWA Inquiry and notice appeals. Our experts examined the themes in these cases, what courts are struggling with, and possible solutions and best practices regarding inquiry, notice and tribal engagement and participation more generally. In addition, there is a new program that will soon be rolling out to provide federally recognized tribes in California with funding to hire attorneys to represent them in juvenile dependency cases in California courts. This webinar will help judges and attorneys understand the scope, purpose, and limits of that program. There was also discussion of the Brackeen v. Haaland case currently pending before the U.S. Supreme Court and its’ possible impacts in California.
Speakers:
Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara; Judge Mark Vezzola, Chief Judge of the Pala Band of Mission Indians and Chemehuevi Indian Tribal Courts
The Role of Tribal Advocates in Indian Child Welfare Act Cases (Podcast)
In lieu of attorneys, many tribes exercise their right to participate in ICWA cases through tribal advocates. In this podcast you will hear from tribal advocates about the work that they do, some common practices and situations that make their job more difficult, and strategies that help address those challenges. You will also hear from two California State Court Judges about the value of tribal advocates and how they help facilitate tribal participation in their court rooms.
Speakers:
Liz Elgin DeRouen, executive director, Indian Child and Family Preservation Program; ICWA Advocate
Hon. Joyce Hinrichs, Judge of the Superior Court of California, County of Humboldt
Hon. Ann Moorman, Judge of the Superior Court of California, County of Mendocino
Melissa Norwood, Trinidad Rancheria social worker; ICWA Advocate
Angela Sundberg, Trinidad Rancheria Social Services Director; ICWA Advocate
Juvenile Justice & Tribal Youth: What Judges & Attorneys Need to Know
(Live Webinar Recorded April 27, 2022)
Tribal youth are disproportionately represented at the intersection of the child welfare system and the juvenile justice system. According to “The Sentencing Project”, California’s tribal youth are 4.4 times more likely to be incarcerated than white youth. In this webinar, panelists highlight issues within the juvenile justice system in relation to tribal communities and application of the Indian Child Welfare Act, and discuss innovative courtroom practices, collaborative efforts, community involvement, outreach support, and long-term intervention and prevention methods.
Topics discussed include:
- Overview of historical trauma and the juvenile justice system in tribal communities
- Intersectionality of the child welfare system and the juvenile justice system for tribal youth where ICWA applies or Spirit of the Law
- Barriers for tribal youth to receive cultural resources and support systems
- Implementation of innovative best practices
Speakers: Judge Ana España, Presiding Judge, Juvenile Court Division, Superior Court of California, County of San Diego; Judge Devon Lomayesva, Chief Judge Intertribal Court of Southern California; Ms. Veronica Miramontes, Restorative Justice Professional-MILPA Collective and Moderator: Mr. Marshal Galvan, 1st Year MSW Student, University of California, Berkeley.
Indian Child Welfare Act (ICWA) Legal Update
(Live Webinar Recorded April 6, 2022)
Over the last several years there have been changes to California law implementing the requirements of the Indian Child Welfare Act, and in particular the requirements concerning inquiry and tribal engagement and notification. These were once again the subjects of appellate review this last year. Our experts examined the themes in these cases, what courts are struggling with, and discussed possible solutions and best practices around inquiry, notice and tribal engagement and participation more generally.
Speakers: Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara; and Judge Mark Vezzola, Chief Judge of the Pala Band of Mission Indians and Chemehuevi Indian Tribal Courts.
Tribal Customary Adoption: What Judges & Attorneys Need to Know
(A live webinar recorded December 8, 2021)
Developed by tribes and enacted into California Law effective 2010, Tribal Customary Adoption (TCA) provides a culturally appropriate permanency option for Indian children in the California child welfare system. Due to lack of awareness and understanding, the promise of TCA has not been fulfilled -- to the detriment of Indian children and families. Our panel of experts discussed an overview of TCA and the TCA process; some of the issues and barriers that undermine the full implementation of TCA; what Judicial Officers should do to ensure that the requirements of TCA are fulfilled; the role of County Counsel in ensuring that their clients are fulfilling their obligations around TCA and permanency for Indian children more generally; and the role of attorneys for Indian parents and children in ensuring the best permanency outcomes for their clients, including the need to maintain family and cultural connections.
Faculty: Shannon Cox, Deputy County Counsel, Mendocino County; Elizabeth (Liz) Elgin DeRouen, Executive Director, Indian Child & Family Preservation Program, Santa Rosa, CA; Hon. Ann C. Moorman, Presiding Judge of the Superior Court of California, County of Mendocino; Joanne Willis Newton, Attorney, Law Offices of Joanne Willis Newton, General Counsel to the Indian Child & Family Preservation Program.
State and Tribal Court Collaboration on Juvenile Delinquency Healing to Wellness Courts
(A live webinar recorded December 17, 2021)
In California tribal youth are over four times more likely to be incarcerated than white youth. Research establishes that culture is a protective factor for tribal youth. California law protects the rights of all tribal youth in the foster care system to maintain their culture and their tribal connections. All of this speaks to the need for collaboration between state and tribal justice systems to meet the needs of tribal youth. Our panel of experts discussed how collaborations between state and tribal justice systems can improve outcomes for tribal youth using a case study of the collaborations between the Inyo County Superior Court and the Bishop Tribal Court in establishing a healing to wellness court. Topics discussed included: An overview of Tribal Healing to Wellness Courts, with consideration to both adult and juvenile approaches; the need for collaboration to support effective Wellness Court referral and resource identification; a dialogue with judicial partners from the Bishop Paiute Tribe and Inyo County California.
Faculty: Hon. Stephen M. Place, Presiding Judge, Inyo County Superior Court; Hon. Dean Stout, Chief Judge of the Bishop Paiute Tribal Court; Kristina Pacheco and Anna Clough, Tribal Law and Policy Institute.
Juvenile Dependency Update (Podcast)
In this snippet of the podcast created from the June 2021 Juvenile Dependency Update video, retired Judge Len Edwards and panelists Judge Tari Cody and Judge Shawna Schwarz discuss cases involving the Indian Child Welfare Act.
Faculty: Hon. Leonard P. Edwards (Ret.), Volunteer Mentor Judge, Center for Families, Children & the Courts, Judicial Council of California; Hon. Tari Cody, Judge of the Superior Court of California, County of Ventura; Judge Shawna Schwarz, Judge of the Superior Court of California, County of Santa Clara.
ICWA Qualified Expert Witness: What Judges & Attorneys Need to Know (Live Webinar Held 02/22/2022)
This 1 hour training for judges, attorneys, and other juvenile court stakeholders the panel of experts discussed what judicial officers and county counsel should be looking for from a QEW and what attorneys for parents, children and tribes should be ensuring that QEW testimony in a given case fulfills the mandates of ICWA.
Topics discussed include:
- Purpose, scope, and content of QEW testimony;
- Selecting and qualifying a QEW;
- What a QEW should be doing to develop their opinion; and
- What a QEW report or testimony should include.
Faculty: Hon. Jerilyn Borack, Judge of the Superior Court of California, County of Sacramento; Elizabeth (Liz) Elgin DeRouen, Executive Director, Indian Child & Family Preservation Program, Santa Rosa, CA; Vevila Hussey ,Founder, Raven Consulting Solutions, Sacramento CA; Jeremy Meltzer, Deputy County Counsel, Mendocino County; Joanne Willis Newton, Attorney, Law Offices of Joanne Willis Newton, General Council to the Indian Child & Family Preservation Program; and Scott Castillo, Attorney, Law Office of N. Scott Castillo.
Discretionary Tribal Participation in Juvenile Dependency and Delinquency Cases Involving Native American Children (Live Webinar Held 04/06/2021)
This 1.5 hour training for judges, attorneys, and other juvenile court stakeholders examined the issues of the legal and practical importance of a child and family’s Native American identification when the child and family are involved in juvenile court proceedings, even if the Indian Child Welfare Act does not apply. When ICWA applies to a case, the tribe has a right to fully participate. When ICWA does not apply, there is often a misconception that the child and family’s Native American identity has no bearing on the case. This webinar explored the law governing the proper exercise of the juvenile court’s discretion to allow a tribe to participate in a juvenile case (both dependency and delinquency) involving a Native American child when the ICWA does not apply. A panel of legal experts will discuss the legal framework outside of ICWA and other factors that suggest that courts should exercise their discretion liberally in favor of allowing tribal participation in all juvenile cases when a tribe wishes to participate.
Faculty: Hon. Devon Lomayesva, Chief Judge of the Intertribal Court of Southern California; Hon. Dean Stout, Chief Judge of the Bishop Paiute Tribal Court, Judge of the Superior Court of California, County of Inyo (Ret.); Pamela Villasenor, Indian Child Welfare Act Representative, Fernandeno Tataviam Band of Mission Indians
Family Separation and the Indian Child Welfare Act (ICWA) (Live Webinar Held 11/10/2021)
This 1.5-hour training for judges, attorneys, and other juvenile court stakeholders provided an overview of contemporary and historic legal issues impacting Native American communities, how those led to the enactment of the Indian Child Welfare Act, and the Indian Child Welfare Act’s ongoing focus on maintain family and tribal connections. Topics included the history of laws and policies of child and family separations in immigrant and indigenous communities, historical trauma and its implications when working with indigenous and immigrant families, and updates and discussion of ICWA related cases and decisions.
Faculty: Hyun-mi Kim, Equal Justice Works Fellow at Asian Pacific Islander Legal Outreach (APILO)
Active Efforts: What Judicial Officers and Counsel for Parents and Children Need to Know (Live Webinar Held 06/15/2021)
This one-hour training for judges, attorneys, and other juvenile court stakeholders examined the requirements of active efforts in cases governed by the Indian Child Welfare Act. In cases governed by ICWA children and parents are entitled to “active efforts” rather than reasonable services. This webinar examined how these two things are different, what judicial officers should be looking for in a case plan and report to ensure that an agency is providing active efforts in an ICWA case, what questions counsel for an Indian parent or child should be asking and what they should be demanding on behalf of their clients to ensure that active efforts are being provided. This webinar provided a close look at these questions and practical strategies for ensuring the active efforts requirement is being complied with.
Faculty: Hon. Leonard Edwards, Judge of the Superior Court of California, County of Santa Clara (Ret.); Antoinette Fabela (Ojibawa), MA, AMFT, ICWA Consultant/Trainer/QEW; David M. Meyers, COO Dependency Legal Services; and Jedd Parr, Directing Attorney, California Indian Legal Services
Tribal Community Corrections and Fatherhood: A Modern Approach to Reducing Recidivism and Creating Healthy Communities (Live Webinar Held 10/27/2020)
This 1.5-hour training for judges, attorneys, and other juvenile court stakeholders explored the historical and societal perceptions of Native American men and fatherhood and how tribal government, judicial systems and corrections can impact recidivism rates and re-offending. It also discussed various program models that deter re-offending and recidivism and address harm in keeping families together.
Faculty: Kevin Poleyumptewa, Project Coordinator, National Criminal Justice Training Center of Fox Valley Technical College and Vida Castaneda, Senior Analyst, Judicial Council of California
Indian Child Welfare Act (ICWA) Inquiry in California Legal Update for 2021 (Live Webinar Held 12/4/2020)
This two-hour training for judges, attorneys, and other juvenile court stakeholders provided an overview of recent changes to federal and California law governing the inquiry requirements of the Indian Child Welfare Act. Topics covered included recent changes to federal regulations and California statutes and rules regarding inquiry under the Indian Child Welfare Act, the difference between “reason to believe” and “reason to know” under Welfare & Institutions Code 224.2, the requirements of “further inquiry” under Welfare & Institutions Code 224.2(e), when informal contact with a tribe by phone, fax, and email required and what this informal contact should include, and when formal ICWA Notice is required.
Faculty: Hon. Shawna M. Schwarz, Supervising Judge, Juvenile Dependency Division, Superior Court of California, County of Santa Clara, Hon. Sunshine S. Sykes, Judge of the Superior Court of California, County of Riverside, Hon. Michael E. Whitaker, Judge of the Superior Court of California, County of Los Angeles, and Mr. Christopher S. Costa, Deputy County Counsel, Sacramento County Counsel’s Office.
An Historical and Cultural Perspective on ICWA
This is a presentation on the background and purpose of ICWA by Justice William Thorne, Associate Presiding Judge of the Utah Court of Appeals and former tribal court judge in Utah, Idaho, Montana, New Mexico, Colorado, Arizona, Wisconsin, South Dakota, Nebraska, and Michigan.
ICWA 101: Fundamentals of the Indian Child Welfare Act
This broadcast will provide an overview of the Indian Child Welfare Act and discuss its impact on court staff. Through an expert panel that includes a court clerk and a tribal ICWA advocate, viewers will learn:
- The history and purpose of ICWA
- Key provisions such as inquiry, notice, "active efforts," and more
- ICWA's application in juvenile, family, and probate proceedings
- The roles and responsibilities of various parties in ensuring ICWA compliance
- Practical issues arising during ICWA cases, and how those issues can be addressed
Advanced ICWA: Detailed Provisions of the Indian Child Welfare Act ;
This broadcast will build on the introduction provided in ICWA 101: Fundamentals of the Indian Child Welfare Act by offering a more detailed examination of provisions that may emerge during cases where ICWA compliance is critical. Through an expert panel that includes a court clerk and other key ICWA partners, viewers will learn:
- Specific requirements related to inquiry, notice, Indian custodian's right to counsel, "active efforts," and "qualified expert witness testimony"
- Recommended legal findings and orders at each stage of an ICWA proceeding
- Issues and challenges from the perspective of a county social worker, probation officer, and tribal ICWA representative
Continuing the Dialogue
This broadcast features discussions by state and tribal court judges on the history of Native Americans in California, U.S. government impact on Native American families, federal and state laws, the Indian Child Welfare Act, and application of the ICWA. Transcript.
FACES
This video is an educational tool to increase awareness about the Indian Child Welfare Act and identification of American Indian/Alaska Native children in all cases to which the Act applies. This video is produced by the American Indian Enhancement Team (a collaboration of many partners, including the Judicial Council of California) and is intended to increase proper inquiry and notice and encourage following the spirit of the Act.
View the 1-minute version.
On-line Course
Domestic Violence Restraining Orders- this online course on CalDog is intended for court clerks, takes you through the restraining order request process, from the initial interaction with the person who wants a domestic violence restraining order through the hearing.
Indian Child Welfare Act (ICWA) Inquiry and Notice
This four-module online training series for judges, attorneys, and other juvenile court stakeholders gives participants a comprehensive overview of the reasons for and requirements of the federal Indian Child Welfare Act and implementing California law regarding inquiry about Indian ancestry and possible tribal affiliation and notice in cases governed by ICWA.
- Module One: The History and Purpose of the Indian Child Welfare Act | Resources
- Module Two: Initial Inquiry | Resources
- Module Three: Further Inquiry and Notice | Resources
- Module Four: ICWA Inquiry and Notice Best Practices | Resources
Powerpoints
1. Indian Child Welfare Act (ICWA): Nuts & Bolts - PowerPoint
2. View the PowerPoint handout prepared by Hon. William Thorne.
Radiolab Podcast: Adoptive Couple v. Baby Girl
This podcast is the story of the Supreme Court case Adoptive Couple v. Baby Girl which challenges parts of the 1978 Indian Child Welfare Act.