NATIONAL CHILD WELFARE RESOURCE CENTER FOR ORGANIZATIONAL IMPROVEMENT

A service of the Children’s Bureau, US Department of Health and Human Services

FOCUS AREA IVB:

STATE-TRIBAL PARTNERSHIPS

FACILITATOR’S GUIDE

03/03/07

Developed with assistance from

National Indian Child Welfare Association

5100 SW Macadam Avenue, Suite 300
Portland, OR 97239

About this Focus Area

Focus Area IVB: State-Tribal Partnerships is part of theCFSRComprehensiveTrainingand TechnicalAssistancePackage. These materials will be refined based upon feedback following their use. For this reason, the user should always download the latest version of a materials before each working session.

Using the Facilitator’s Guide

The pages in this guide are divided into two columns. The left-hand column contains the text of the guide (Facilitator’s Instructions) andthe right-hand column(Facilitator’s Notes) sometimes contains comments but primarily provides space for users to writetheir own notes.

This guide organizesboth content and process. Text in regular typeprovides guidance on subject matter to be covered and methods of moving through the material.Text in italic type suggests actual articulation by the facilitator.

The primary intents of the guide are to insure that key points are covered and to assist the facilitator in accomplishing this. It is not intended that a user memorize or read these instructions. Each facilitator’s individual knowledge and experience should be incorporated in the presentation; for instance, the facilitator can introduce illustrations of key points in addition to the examples provided

FOCUS AREA IVB: STATE-TRIBAL PARTNERSHIPS
Attributes
Time
6 hours, 30 minutes

Rationale

A state-tribal partnership is essential to achieve both (a) the best interests of Native children and their families and (b) full compliance with the Indian Child Welfare Act and other federal child welfare laws pertaining to Indian children. State-tribal partnerships are also important because of the unique and singular relationship tribes have with states due their sovereign nation status. Tribes represent governments within the boundaries of state geographical boundaries. The Indian Child Welfare Act, historical issues of disproportionality, as well as distinctive cultural values with regard to child protection and family preservation, are factors which must be considered in the provision of child welfare services involving Native American children This focus area will provide participants with the knowledge and skills to improve state-tribal relations in child welfare and will result in meaningful Tribal involvement in the Child and Family Services Review (CFSR) process.
Audience
Participants may include:
  • Senior management
  • Tribal representatives
  • Tribal courts
  • Field managers
  • Program managers
  • Child and Family Services Reviews (CFSR) / Child and Family Services Plan (CFSP) coordinators
  • County managers
  • Supervisors
  • Designated group leaders
  • Continuous Quality Improvement (CQI) / Quality Assurance (QA) supervisor
  • Training supervisor
  • Community stakeholders
  • Indian Child Welfare Act (ICWA) experts
Expected Outcomes
Participants will:
  • Understand and describe the meaning of tribal sovereignty.
  • Understand and describe the benefits of tribal involvement in child welfare agency planning and decision-making.
  • Identify tribes and Native communities in their state, including urban Native organizations, as well as how to identify and involve key tribal representatives.
  • Describe the unique characteristics of state-tribal relationships that are factors in developing effective partnerships with tribes and tribal organizations in child welfare.
  • Assess the state child welfare system’s current partnering efforts with tribes/tribal organizations.
  • Identify strategies through the initial development of action plans to engage, improve collaboration and incorporate tribal participation throughout the CFSR process.
Materials
  • Agenda
  • Index cards
  • Participant Workbook
  • Pages 5-6 (Approaches to Collaboration… State-Tribal Partnerships) of Stakeholder Involvement and Interagency Collaboration: An Overview of NRCOI Training and Technical Assistance. NationalChildWelfareResourceCenter for Organizational Improvement,
  • Focus Area IVB PowerPoint handout
  • Focus Area IVB PowerPoint slide show
  • CFSR Overview PowerPoint slide show (optional)
  • CFSR Overview PowerPoint handout (optional)
  • SVGA projector
  • Projection screen
  • Facility with required seating
  • Butcher paper
  • 4 classroom-sized flip charts (approx. 20 pages each)
  • 2 easels
  • Name tents
  • Tape
  • Markers (assorted colors)
  • Evaluation Form
Advance Preparation
This focus area is designed for presentation by staff familiar with the American Indian tribes and culture, the Indian Child Welfare Act, the CFSR, state/Federal laws and related practices, and the current state of collaboration between the state and tribes within the state. Facilitators should be comfortable enough with the materials to be able to customize the content for the participant mix.
In order to present a balanced perspective and to gain knowledge about how best to develop state-tribal relationships, it is important to assure that there will be tribal representation at the working session. The facilitator should know what tribal representatives – from what tribe(s) and tribal agencies – will participate in the working session.
Tribal invitees may not feel this “state”working session is applicable to them. If possible, then, the facilitator should (in collaboration with a state agency representative) contact tribal representatives in advance to encourage their participation at the working session and explain the agenda. Ask an appropriate tribal representative if they are willing to begin the working session with a prayer and the same or another representative to end the meeting with a traditional closing (giving thanks for the important discussion throughout the day and requesting guidance to continue to develop State-Tribal Partnerships that will ensure the well-being of all children and families). If so, have small gifts of appreciation (tobacco, sweetgrass, sage, cloth, etc.)to present to the person(s) following the invocation and closing.
In addition, the facilitator should:
  • Prepare an Agenda (page 1 in Participant Workbook) and modify the Expected Outcomes (page 2 in the Participant Workbook) to reflect the focus in this working session selected by the state.
  • Review the Indian Child Welfare Act.
  • Gather and review state-specific outcomes, reports, measures, the CFSR and PIP reports, and state plan activities involving tribes and Native American children.
  • Research the proportionality of the state’s Native American population and its representation in the child welfare system; note this information on page 25 of this guide for reference during the working session.
  • Research and develop an understanding of the current state of collaboration between the agency and tribes in the state; e.g.,
  • Does a collaborative relationship exist?
  • Are there tribal protocols, agreements, and legislative directives in place regarding tribal-state relations?
  • If so, why and how did that happen?
  • If not, what barriers/dynamics exist?
  • Who are the key tribal and state participants of any current collaboration in the state – individuals/groups?
  • Are there any significant issues that might impact this meeting (for example, a current contested ICWA case that could become the focus of discussion)?
  • What entity is responsible for child welfare services on Indian lands in the state?
  • Tribe only?
  • Tribe and State?
  • State only?
  • Is this a P.L. 280 state?
  • Select one of the three scenarios (Handouts 10-12) based on its relevance to the state or, if none of these are appropriate, develop a brief scenario that more closely matches the situation of tribal engagement in the state and insert it as Scenario 4 in Handout 13 of the Participant Workbook.
  • Determine local terminology/definitions for key words, such as titles, goals, outcomes, etc.
  • Retrievethe relevant Tribal State Fact Sheet, if available, from the National Indian Child Welfare Association website:
  • Modify the state-specific PowerPoint slide (slide #6) with the state-specific information from the Tribal State Fact Sheet.
  • Prepare a Participant Workbook for each participant.
  • Prepare the room.
Additional Considerations – Facilitators should anticipate a mix of participants from both the tribal leadership/social services and the child welfare agency sectors. It is likely that the tribal participants may have limited experience with or knowledge of the CFSR and its impact on the tribe or on Native American children in the state child welfare system. As a result, facilitators must be prepared to provide a brief overview of the CFSR following the “Commencement.” This background material can be provided by thefacilitators or – through prearrangement – y experienced representatives of the agency.
Bibliography and Suggested Readings
  • All curricula in The CFSR Comprehensive Training and Technical Assistance Package
  • Indian Child Welfare Act
  • U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. (2006, January). Tribal-State Relations. Washington, D.C.: Child Information Gateway.
  • U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. (n.d.). Appendix JCollaborating During the Child and Family Services Reviews (Child and Family Services Reviews Procedures Manual).
  • NICWA State Fact Sheets (
/ K
Facilitator’s Instructions / Facilitator’s Notes
COMMENCEMENT (30 minutes)
*{Slide 1 – title slide}
Welcome, Purpose and Introduction of Facilitator(s)
Welcome participants.
*{Slide 2 – Introduction}
Introduce facilitator(s)
My name is ______and I will be (one of) your facilitator(s) for this session. My background is [emphasize experiences / responsibilities relevant to the working session]. It is my hope that we can learn a lot from each other today.
Explain the purpose of the working session and the importance of its subject matter.
This working session was requested by ______. The purpose of this working session is to assist the state agency prepare for the next round of the Child and Family Services Review. The best possible hope for child protection anywhere is for the child welfare agency to invest in creating community-wide alliances, where every relevant stakeholder group and community constituency understands their role in keeping children safe and supporting families.
Collaboration is not about funding – it’s about outcomes. The CFSR process (particularly the PIP phase) provides an opportunity to make systemic changes to achieve improved outcomes. These outcomes will affect any Native American child under state custody.
This working session explores the ways in which tribes and Native American community organizations can advance their sharing of information and collaborate with one another in order to improve outcomes for the Native American children in care.
Tribes, as stakeholders in child welfare, possess a unique and singular relationship with states, governed by statute and distinctive cultural values with regard to child protection and family preservation. This working session will provide information to and create opportunities for participants to develop the knowledge and skills to obtain and maintain state-tribal relations in child welfare.
Invocation
If a tribal participant has agreed to open the working session with an invocation, briefly explain:
We would like to begin the meeting in a way that is customary for many meetings involving tribal participants. An elder or other tribal member begins the meeting with a blessing from the Creator for the endeavor at hand. ______has agreed to open our meeting with such an invocation.
Proceed with invocation.
Following the invocation, thank and offer a small gift to the participant who gave the invocation.
Participant Introductions and Expectations
Ask each participant to
a)introduce himself/herself, including name and role;
b)describe his/her interest in the focus area, including familiarity / experience with the subject matter; and
c)complete the sentence: “This working session will be a success if I leave here knowing ______.”
Expected Outcomes and Participant Expectations
Refer participants to page 1 of the Participant Workbook, Handout 1 (Expected Outcomes).
Review the expected outcomes and describe how/if the working session will meet each participant’s learning expectation(s). Clearly state any expectations that will not be met by this working session.
Note that:
Although there will be discussion on the Indian Child Welfare Act, this is not a training that is focusing specifically on compliance with ICWA. However, the outcomes from this working session will hopefully result in better collaboration between the state and tribes, creating an improved child welfare services system for all children.
You should depart this working session with new insight, able to develop an Action Plan for improving state-tribal collaboration in your state and improved cooperation and partnership during the Child and Family Services Review.
Agenda, Ground Rules and Housekeeping
Refer participants to page 2 of the Participant Workbook, Handout 2 (Agenda).
Gain agreement on “ground rules” and housekeeping:
  • Receiving / making cell phone calls
  • Breaks
  • Length (15 minutes)
  • Frequency and times
  • Areas (locations)
  • smoking
  • restrooms
  • public telephones
  • Lunch
  • Food is available at ______
Introduce participants to their packet of material. If not all materials in the curricula will be covered, acknowledge the tailoring of the working session to meet the needs of the individual state:
The material is quite extensive and only portions of it have been identified for use in this working session. There may be materials in your workbook that we do not cover and slides that we’ll bypass. I encourage you, however, to review these workbook materials at a later time as they may provide additional thoughts and insights that you will find helpful.
Prepare participants for small group activities and possible changes in the room accommodations necessary to conduct them:
How assignments will be made (and rationale).
How tables and chairs will be arranged.
Explain:
One of the elements to consider in planning state-tribal meetings is the timing, pacing, and breadth of the agenda and expected outcomes. Expectations around format and meeting styles may be an area of cultural difference.
State meetings are often planned with values on using resources effectively and accomplishing as much as possible in the allotted time. Meetings tend to be fast-paced and cover a lot of material. Participants develop skills in assimilating information quickly, verbal exchanges are quick and concise, and there is a norm to move quickly to making decisions.
For example, most state agency staff are very aware of the CFSR process and are ready to dive into the material. On the other hand, tribal invitees (or anyone outside of the state system) may be only slightly, or perhaps not at all, familiar with the CFSR and it is important to recognize this before moving “full speed ahead.”
Tribal meetings are often planned with values for creating a shared vision and as much consensus as possible. Attention is given to creating an environment where all viewpoints can be heard and considered before decisions are made. Meetings are slower paced to allow participants time to consider the other points of view expressed, humor is used to relieve the tension of diverse viewpoints and reinforce common bonds, and agendas and timeframes are considered flexible. The expected outcome is to go as far as the group is able to go while maintaining group cohesion. / [Note the goals/issues that came up that will not be addressed in the working session. Pass these on – with any recommendations – to agency leadership.]
[That learning styles and personality characteristics of participants affect the meeting process is generally recognized. This portion of the introduction acknowledges some manifestations of the cultural differences among participants. The intent of this portion of the introduction is that participants recognize these differences so that they can remain cognizant of and sensitive to them not only during this working session but in their on-going collaborative efforts.]

CFSR OVERVIEW (45 minutes)

/ [The CFSR Overview is optional but should be inserted here if participants have not received it in previous a working session.]
Icebreaker: “How to Treat the Common Cold” (15 minutes)
For this exercise, in smaller groups solicit verbal responses and record them on a flip chart. In larger groups, place paper and pens on each table, pose the question and ask for written responses; collect these written responses and record them on a flip chart or a Word document projected on the screen.
Point out that, when establishing communication with cultures other than our own it, is important to examine assumptions regarding cultural values:
In considering State-Tribal Partnership, it is important to acknowledge differences in communication styles and expectations about family, child welfare and risk assessment. Cultural values influence even the most mundane decision-making and choices, even those as basic as our approach to self care.
Create an example by asking participants:
How would you treat a common cold?
When most people have had a chance to respond, point out how differently people handle a common human problem. Ask:
Which is best?
Where do we get these solutions?
Point out that these are influenced by culture and thatresponses to other problems may also be culturally shaped.
Now pick the two most different remedies (often this is chicken soup vs. Vicks). Ask:
How does the chicken soup person feel if their partner tries to help them with Vicks?
How does the Vicks person feel at the reaction?
Point out that in child welfare a similar dynamic is happening.
Refer participants to page 3of the Participant Workbook, Handout 3 (American Indian Values) and review it briefly. Initiate a discussion about common experiences that have indicated value differences. / [Exercise adapted from James Leigh, University of Washington]
CONTEXT OF THE RELATIONSHIP BETWEEN THE FEDERAL GOVERNMENT AND INDIAN TRIBES (45 minutes)
Having explored value differences, introduce the context of the relationship between federal and tribal governments: