ICWA Education

For more information on curricula, in-person training, and distance learning tools, please contact Amanda Morris at amanda.morris@jud.ca.gov.

Webinars

Indian Child Welfare Act (ICWA): Judicial Best Practices, Tips and Tricks for Avoiding ICWA Inquiry Reversals

(Live webinar recorded on December 19, 2024)
California courts continue to struggle with the ICWA Inquiry requirements found in federal and state law. In this webinar our panel of experts will discuss the nature of these requirements and strategies that judicial officers can employ in their courts to ensure that ICWA inquiry is being completed and that proof of that inquiry is in the court’s record.

Speakers:

Hon. Shawna Schwarz, Supervising Judge of the Dependency Court, Superior Court of California, County of Santa Clara
Hon. Tari L. Cody, Associate Justice of the Court of Appeal, Second Appellate District, Division Six
Hon. Devon Lomayesva, Judge of the Superior Court of California, County of San Diego
Hon. Kimberly Merrifield, Judge of the Superior Court of California, County of Butte

    Juvenile Justice: The Need For Identification Of Native American Children & Collaboration With Tribes

    (Live webinar training held June 13, 2023)

    This webinar discusses recent changes to California’s juvenile justice laws mandate that children be kept within their communities whenever possible and require agencies and courts to create practices that will make their systems more trauma informed and rehabilitative and help eliminate racial and ethnic disparities. Coupled with the protections in the Foster Care Bill of Rights for the cultural and political connection between Native American children and their tribes, this means that agencies and courts must ensure that Native American children are being identified and there is collaboration with their tribes. Our panel of experts will discuss what they are doing in their jurisdictions to meet these requirements and best practices to partner with tribes, tribal communities, tribal courts, service providers and others that serve Native American families.

    *Indian Child Welfare Act (ICWA) in Probate Guardianships

    (Live Webinar Recorded May 15, 2023)

    ICWA applies to probate guardianships, but probate courts and litigants do not have the same resources available and procedures in place to comply with ICWA requirements. In this webinar our panel of experts discuss ICWA’s legal requirements and challenges for probate guardianship courts in meeting these requirements. They provide some practical strategies for meeting these challenges.

    This event is sponsored by the Judicial Council of California, Center for Families, Children & the Courts, with the support of a grant awarded by the California Department of Social Services.

    ICWA Courts & Collaboratives: How They Work In California And Why Every Court Should Have One

    (Live Webinar Recorded November 10, 2022)

    California is home to more individuals who identify as American Indian or Alaska Native than any other state. Courts and agencies continue to encounter issues meeting the requirements of the Indian Child Welfare Act. ICWA collaborations and ICWA courts can help courts address these issues and improve outcomes for Indian children and families. Our panel of judicial officers will discuss their experiences with tribal collaborations and ICWA courts, including how they work, how to get one started, and their benefits to the court and the community.

    *Placements of Indian Children in Juvenile Proceedings: What Judges & Attorneys Need to Know

    (Live Webinar Recorded 10/4/2022)

    Our panel of experts will discuss the Indian Child Welfare Act (ICWA) placement preferences, what they are, when they apply, and the obligations imposed on the court and an agency to ensure that all placements under ICWA comply with the placement preferences or meet the requirements to deviate from the placement preferences. Panelists will also explore some of the common issues that arise and how to avoid them, as well as the rights of native children to a culturally appropriate placement under the Foster Care Bill of Rights even in cases where ICWA may not apply.

    Speakers:

    Hon. Ana España, Presiding Judge, Juvenile Court Division, Superior Court of California, County of San Diego;
    Karan Kolb, Social Services Director, Indian Health Council, Inc.
    Evangelina Woo, Senior Deputy County Counsel, San Diego County

    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.

    Tribal Customary Adoption: What Judges & Attorneys Need to Know

    (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

    (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.

    ICWA Qualified Expert Witness: What Judges & Attorneys Need to Know 

    (Live Webinar Recorded 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;
    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

    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, and 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, and 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.

    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.  

    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. 

    Powerpoints

    1. ICWA Nuts & Bolts
    Podcasts

    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.)

    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
    Kimberly Cluff, Legal Director, California Tribal Families Coalition
    Rachel Veiga, Housing Program Director, Trinidad Rancheria

    Juvenile Justice & Tribal Youth: What Judges & Attorneys Need To Know

    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.

    The Role of Tribal Advocates in Indian Child Welfare Act Cases

    (Podcast Recording March 20, 2023)

    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 Dependency Update

    (Podcast Recording, June 2021)

    In this snippet of the podcast created from the June 2021Juvenile Dependency Updatevideo, 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.

    Radiolab: 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. 

    Curriculum

    Basic ICWA:

    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.