Advanced Indian Child Welfare Act (ICWA):

Active Efforts and Expert Witness V2.0

SUGGESTED LESSON PLAN

Day 1

Segment / Learning
Objective / Methodology /
Segment 1
Welcome and Introductions
45 min
9:00 am – 9:45 am
Activity 1A:
Welcome, Introductions, Blessing, and Housekeeping
10 min
·  Welcome, registration of participants, continental breakfast, introductions of trainers and Elders.
·  Invited Elder is asked to offer a Blessing for the day’s activity and all those in attendance.
Activity 1B:
Context for Today
10 min
·  Review of Learning Objectives and Agenda
Activity 1C:
Cultural Heritage Activity
15 min
·  Introduce table groups
·  Brief introductions are made around the table
Activity 1D:
Goal for the Day
10 min
·  Activity promotes early engagement in learning and gauges participants’ level of ICWA knowledge and transfer of learning (TOL).
·  This list will be revisited at the end of training so that participants’ questions are answered. / K1. The participant will comprehend the national and historical significance of the Indian Child Welfare Act of 1978 and its basic provisions.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage. / Modeling of Cultural Values
Trainers model leadership roles and culturally appropriate introductions.
Continental breakfast is made available as a necessary part of the cultural immersion.
Trainers demonstrate the culturally based value of respect of Elders in the Tribal community with an invitation to offer the Blessing to the group prior to any activity for the day, including the sharing of meals, beginnings and endings. Elders or the trainers can also invite other participants to offer Blessings.
PowerPoint slides
Lecture
PowerPoint slides
Large and small table activity
In pairs, participants discuss quotes and brief biographies of Native American leaders in light of their applicability to child welfare practice. Volunteers report out to the large group.
PowerPoint slides
Large group activity
Trainer scribes on large white sheets that will remain posted on the wall and revisited at the end of the training day.
PowerPoint slides
Segment 2
ICWA History, Overview and Key Components 100 min
9:45 – 11:25 am
Activity 2A:
Brief Review of ICWA
10 min
Activity 2B:
Self-Assessment Quiz:
“An Historical and Cultural Perspective on ICWA”
5 min
·  Activity enriches knowledge of the historical context of the ICWA and facilitates reflection about its impact on the contemporary experiences of Native Americans.
·  Answers to the quiz will be covered throughout the training, particularly in Segment 2D during the video “An Historical and Cultural Perspective on ICWA.”
Activity 2C:
Activity: Almost 40 Years Later
15 min
·  Activity allows participants to explore their individual beliefs about the value and purpose of ICWA.
Activity 2D:
An Historical and Cultural Perspective on ICWA
60 min
·  This video presents a historical and cultural perspective on ICWA. Justice William Thorne, Associate Presiding Judge of the Utah Court of Appeals and former Tribal court judge, presents the background and purpose of ICWA from a Native American perspective.
Activity 2E:
An Historical and Cultural Perspective on ICWA: Review Quizzes and Debrief
10 min
·  This activity provides participants with time to review the answers to the Self-Assessment Quiz, revisit their responses from the 30 years later activity, and debrief on new insights or facts learned from the video. / K1. The participant will comprehend the national and historical significance of the Indian Child Welfare Act of 1978 and its basic provisions.
K2. The participant will understand how Indian families define their family structure, including the extended family, as defined by Tribes, as well as the potential for identification of those who may play a significant role in the planning for the child and the achievement of permanence.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage.
V2. The participant will value collaboration with Tribal youth and families, Tribal experts, Tribal organizations, child welfare colleagues, attorneys, and judges to better meet ICWA requirements in the best interest of the Indian child.
K1. The participant will comprehend the national and historical significance of the Indian Child Welfare Act of 1978 and its basic provisions.
K2. The participant will understand how Indian families define their family structure, including the extended family, as defined by Tribes, as well as the potential for identification of those who may play a significant role in the planning for the child and the achievement of permanence.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage.
V2. The participant will value collaboration with Tribal youth and families, Tribal experts, Tribal organizations, child welfare colleagues, attorneys, and judges to better meet ICWA requirements in the best interest of the Indian child.
V3. The participant will value the role of the court process to uphold the letter and intent of the ICWA “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe”.
V4. The participant will value the issues of fairness, equity, and the disparities experienced by Indian/Native American children and their families within the child welfare system. / Lecture
Trainer will provide a brief review of ICWA law, covering its basic components.
Individual Reflection
Participants will take a few minutes to complete the Self-Assessment Quiz. It will be revisited throughout the training, with most answers revealed during the video “An Historical and Cultural Perspective on ICWA” screened in Segment 2D.
PowerPoint slides
Small Group Activity
Participants will brainstorm at their tables to discuss the following questions:
·  What is the purpose of ICWA?
·  Do they think this purpose is valuable? If so, why? If not, why not?
·  Do they think ICWA is relevant today, 30 years later?
Chart responses
Video with Large Group Discussion
Participants will view the video, courtesy of the Center for Families, Children, and the Courts. Since the video is lengthy, the screening will be paused at specified times to allow for two short group discussions to discuss learning points.
Small Group Activity; Large Group Shareback
Ask participants to review the Self-Assessment answers revealed in the video in their table groups. Next ask the groups to discuss the following questions:
·  What new insights or facts did you learn from Judge Thorne’s presentation?
·  Which insights or facts did you find surprising?
·  Has the video inspired you to reconsider any of your responses from the 30 years later activity?
Ask each group to share one or two responses with the large group.
11:25 – 11:35 am
10 min
BREAK
Segment 3
Why Active Efforts and Expert Witness?
40 min
11:35am – 12:15 pm
Activity 3A:
Connecting the Historical Context with the Need for Active Efforts and Expert Witness
5 min
·  This activity connects the historical context reviewed in Segment 2 with the ICWA components regarding Active Efforts and Expert Witness
Activity 3B:
Define and Review Active Efforts and Expert Witness
10 min
·  This activity serves as an introduction to explore two of the basic components of ICWA: Active Efforts and Expert Witness.
Activity 3C:
Current ICWA Context and Legislation
10 min
·  After establishing a deeper understanding the definition and purpose of Active Efforts, this lecture provides participants with an overview of the current context of ICWA and legislation updates.
Activity 3D:
Wakeem’s Story: Finding Connection
15 min
·  This video provides a personal account of a Tribal youth in contact with the child welfare system as he reconnects with his heritage and Tribal relations. / K1. The participant will comprehend the national and historical significance of the Indian Child Welfare Act of 1978 and its basic provisions.
K3. The participant will understand what it means for active efforts to be made across the continuum of service provision “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe” (W&I Sec. 361.7).
K5. The participant will understand the specific qualifications of an expert witness under the Indian Child Welfare Act of 1978.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage.
V2. The participant will value collaboration with Tribal youth and families, Tribal experts, Tribal organizations, child welfare colleagues, attorneys, and judges to better meet ICWA requirements in the best interest of the Indian child.
V5. The participant will value accurate entry and updating of data regarding Native American ancestry and ICWA status in the statewide child welfare database.
V3. The participant will value the role of the court process to uphold the letter and intent of the ICWA “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe”.
V4. The participant will value the issues of fairness, equity, and the disparities experienced by Indian/Native American children and their families within the child welfare system. / Mini-lecture
Trainer will connect the historical context with the ICWA components regarding Active Efforts and Expert Witness.
Lecture
Trainer will provide an introductory description of Active Efforts and Expert Witness, as set forth in the ICWA.
PowerPoint slides
Mini-lecture
Trainer will provide an overview of the current context of ICWA and legislation updates, highlighting relevant All County Letters (ACL’s).
Short video, Small Group Discussion, and Large Group Debrief
Participants will view the video Finding Connection, then participate in a table group discussion reflecting on the video.
After groups discuss the review questions, debrief with all participants.
PowerPoint slides
12:15 – 1:15 pm
60 min
LUNCH
Segment 4
Active Efforts
100 min
1:15 – 2:55 pm
Activity 4A:
Overview of Active Efforts
10 min
·  This activity elaborates on the Active Efforts component of ICWA and allows time to review the text of the Act.
Activity 4B:
What Kind of Effort?
20 min
·  This activity allows the group to solidify the definition of active efforts by distinguishing them from reasonable efforts.
Activity 4C:
Case Plan Scenario
30 min
·  This activity enables participants to apply their knowledge of ICWA and Active Efforts by reviewing a case plan.
Activity 4D:
Bringing It Home
30 min
·  This activity enables participants to connect what they have learned about Active Efforts with their current practice, learn what is being done by other social workers and counties in CA, and to set goals about how they plan to incorporate what they have learned in their future practice.
Activity 4E:
Reflection
10 min
·  This reflection will give participants the opportunity to summarize the main points of Active Efforts. / K3. The participant will understand what it means for active efforts to be made across the continuum of service provision “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe” (W&I, Sec. 361.7).
K4. The participant will understand the identification and delivery of appropriate services comprising active efforts for each Indian child and family in the Child Welfare System, as well as distinguish between reasonable and active efforts.
V2. The participant will value collaboration with Tribal youth and families, Tribal experts, Tribal organizations, child welfare colleagues, attorneys, and judges to better meet ICWA requirements in the best interest of the Indian child.
S1. When given a case scenario the participant will be able to make appropriate inquiries as to active efforts that have been made or should have been made, and make recommendations for additional active efforts.
K2. The participant will understand how Indian families define their family structure, including the extended family, as defined by Tribes, as well as the potential for identification of those who may play a significant role in the planning for the child and the achievement of permanence.
K3. The participant will understand what it means for active efforts to be made across the continuum of service provision “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe” (W&I, Sec. 361.7).
K4. The participant will understand the identification and delivery of appropriate services comprising active efforts for each Indian child and family in the child welfare system, as well as distinguish between reasonable and active efforts.
V1. The participant will appreciate the long‐lasting connection between Indian people and their Tribes, culture and communities, and the historical, statutory and case law framework enforcing the rights of the child and the Tribe to preserve their cultural heritage.
K3. The participant will understand what it means for active efforts to be made across the continuum of service provision “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe” (W&I, Sec. 361.7).
K4. The participant will understand the identification and delivery of appropriate services comprising active efforts for each Indian child and family in the child welfare system, as well as distinguish between reasonable and active efforts.
V2. The participant will value collaboration with Tribal youth and families, Tribal experts, Tribal organizations, child welfare colleagues, attorneys, and judges to better meet ICWA requirements in the best interest of the Indian child.
V3. The participant will value the role of the court process to uphold the letter and intent of the ICWA “in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe”. / Lecture