ICWA: in the Best Interest of the Indian Child
“Let The Spirit Lead…”
ICWA: In the Best Interest of the Indian Child
Glossary
Active Efforts vs. Reasonable Efforts
The active efforts standard requires more than a reasonable efforts standard. Active efforts describe direct work in engagement with Indian children and their families to assist them in meeting goals. Reasonable efforts describe non-direct practices such as referring a family to other services, requiring them to access their own resources.
Beyond a Reasonable Doubt
Evidence by an expert witness in court must qualify as meeting the standard of ‘beyond a reasonable doubt’ that it would be dangerous for the child to return to his or her parent(s) or custodian. “Beyond a reasonable doubt” eliminates any reasonable doubts and is the highest standard of proof.
Blood quantum
Amount or quantity of a person’s origins through blood lines. Some tribes require a certain percentage, e.g., 1/8, 1/4, etc. of blood quantum in order for a person to be enrolled in the tribe.
Clan
A group of people tracing their descent from a common ancestor or family, and united by a common interest or common characteristics.
Clan Symbols
A selected token, sign of identity, or animal that stands for, or suggests, particular characteristics of a group; a visible sign of something invisible, for example, the turtle symbolizes the Earth, and therefore is associated with respect to the Earth and Earth Elements.
Concurrent Planning
A child welfare system goal that requires social workers to begin early in their work with families to discuss both reunification plans as well as alternate permanent placement plans with families. The new law regarding Tribal Customary Adoptions requires concurrent planning.
Cumulative Historical Trauma
Historical U.S. governmental policy and actions against American Indians and Alaska Native populations resulted in a legacy of trauma to children, families and tribal communities, leaving unaddressed issues of grief and loss.
Expert Witness
A qualified expert who can address the issue of whether continued custody by a parent or Indian custodian is likely to result in serious physical or emotional damage to the child. The testimony is presented in court. The expert witness must meet at least one of the following three requirements: 1) be a member of the child’s tribe, recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child rearing practices; 2) be a person with substantial experience in the delivery of child and family services to Indians, and have extensive knowledge of prevailing social and cultural standards and child rearing practices with the child’s tribe; or 3) be a professional person with substantial education and experience in the area of his or her specialty.
Family
American Indians consider themselves kin to otherAmerican Indians and Alaska Native populations, who may or may not be direct biological relations. The concept of nuclear families is considered foreign to American Indians. Underlying this definition is the concept of relatedness, being connected to all Indian people regardless of tribe, location, or the status of families.
- Extended Family
“The extended family member shall be defined by the law or custom of the Indian child’s tribe or, in the absence of such a law or custom, shall be a person who has reached the age of eighteen and who is the Indian children’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin or stepparent..” (Sec 4 (f2))
Indian Country
“Indian Country is legally defined to include Indian reservations, select Indian communities, Alaska Native villages, rancherias, and all Indian allotments (BigFoot & Braden, 2006). Many extend this definition to include all indigenous people served through tribal or Native organizations or service systems, including those living in rural or off-reservation sites, urban areas surrounding or adjacent to reservation lands, and in communities with substantial AI/AN population within the continental United States (BigFoot & Schmidt, 2009).”
Inquiry
The action of asking appropriately, “Is this an Indian child”?
Kin or Kinship
Relatives, family. Kinship bonds in most American Indian/Alaska Native groups extend beyond the blood-relationships on both sides, to non-relative friends and members of the tribe or clan. (see moiety)
Member
An individual or family recognized by blood or kinship, as a part of a tribe, clan, or moiety, and entitled to participate in tribal events and governance.
Moiety
Tribes often have two or more complimentary tribal subdivisions or moieties which constitute a whole. Each moiety is part of a system that shares the clan and tribal responsibilities, and basically serves as a means by which different groups take care of each other. During ceremonies, different moieties serve different functions. Moieties also delineate which families and clans cannot intermarry.This traditional practice supports identification of non-family-related extended members as potential caregivers of tribal children.
Noticing
The social worker’s actions of informing and filling out appropriate Noticing forms to tribes, parents or Indian custodians, or agents for the tribe about a child who is a member or eligible for membership.
Preference for Placement
The order of preference for placement as described in ICWA for a foster care placement, and for a pre-adoptive or adoptive placement, in absence of good cause to the contrary (Sec 105a).
Relatedness
Indian concepts emphasize that children are embedded within a complex and dynamic set of relations that include self, kin, and universe. A traditional American Indian belief is that all American Indians are related to one another.
Sachem
The chief of a tribe, or the chief of a confederation.
Tribal Customary Adoption Bill AB 1325, 10/2009
A newly passed California State law, effective July 1, 2010 that allows Indian children and families to realize the permanency and support of adoption without the termination of parental rights, thereby allowing for the continuation of cultural practices.
Tribes
Native American tribes are sovereign governments like nations, and since the passage of ICWA, have a right to pass and enforce their own child protection laws. There are 650 or more federally recognized tribes and native villages in the U.S. and numerous non-federally recognized tribes in every state.
Tribal Community
An intimate relationship of members who are bound together by shared belief, values, ties of loyalty, and family. For example, urban Indians may not come from the same tribes, but share relationships based on similar values, beliefs, and culture.