Governor’s ICWA Commission
December 14, 2004, Pierre, SD
Meeting Minutes
Commissioners Present: Janine Kern, B.J. Jones, Tami Bern, Sara
Olson, Tracey Manywounds, Robert Duxbury, Jack Von Wald, Virgena
Wieseler, Ann Holzhauser, Jim Bradford, Dave Valandra, Cordelia
White Elk, Mike Schad, Bob Walters, Steve Emery, Doug Herrmann, Bill
Whitelance, Deb Fischer Clemens, D.J. Hanson, Keith Bonenberger,
Mary Curran, Renee Eggebraaten, Denice Murphy, Mike LaPointe
Commissioners Absent: Kathleen Trandahl, Ramona O’Connor, Jackie
Barse, Joni Cutler, Rose McCauley
Others Present: Patricia Catches, Julie Snavely, Bev Tuttle, Emily
Iron Cloud-Koenen, Lorna Turgeon, Susan Campbell, Jeremy Schad,
Vernon Ike Schmidt, Roger Campbell, Hedi Bogda-Cleveland, Lori
Walking Eagle, Judy Hines, John Usera, Tom Magedanz, Bob Mercer,
Michael Putzler, Mike Kelly, Marie Kent Singleton, Raymond Cournoyer,
and Jim Ellenbecker, Secretary of the Department of Social Services
1. Welcome and Review of Commission minutes
The commission reviewed and approved, by motion, the three sets of
minutes from the meetings held on: May 25, 2004; August 10, 2004;
and October 12, 2004.
2. Dawn Rubio, NCSC; Brenda Bellonger, NAILS,
Inc.
Dawn Rubio, Brenda Bellonger, and Mary Beth Kirven (NCSC) presented
the report of the Review Team to the Commission. Rubio appeared in
person before the Commission and Bellonger and Kirven appeared
telephonically. The draft report is 100 pages and contains:
introduction, methodology of findings, recommendations and
concluding remarks. The Appendix is comprised of: Appendix A –
federal laws and regulations; Appendix B – sample casework and legal
documents; Appendix C – data collection instruments used to collect
information; Appendix D- maps of UJS Circuits, DSS districts, and
the reservations; Appendix E – state survey results; Appendix F-
tribal survey results; Appendix G- state focus group results;
Appendix H-tribal focus group results; Appendix I – intensive file
review information. In their presentation, the Team focused on the
objective and quantifiable data they reviewed. The Commission asked
the reviewers a number of questions. The Commission suggested
changes to several of the Review Team’s recommendations including:
1) that the recommendation, that DSS workers not be allowed to
testify in their own cases, be amended to reflect a prohibition
against allowing DSS workers to testify as an expert witness in
their own cases; and 2) that attorneys be appointed for parents
served by publication in ICWA cases. The Commission thanked the Team
for their hard work and excellent report produced in such a short
time frame.
The review team made 30 recommendations to improve compliance with
the Act.
3. Discussion with Commissioners
Judge Kern briefly discussed the listening sessions. She asked that
each Commissioner review the notes for accuracy. Judge Kern
indicated that any proposed changes could be e-mailed to her. She
asked that the Commissioners consider SDCL 26-8A-33, which would
allow tribes to designate non-attorneys to appear in court in ICWA
cases. If the Commission wanted to submit the statute, it would be
necessary to testify before the South Dakota Supreme Court at the
rules hearing. Steve Emery made a motion to add the Great Sioux
Nation ICWA Consortium’s original version of Senate Bill 211 in the
appendix of the ICWA Commission’s report. This motion passed.
4. Identify and prioritize recommendations
from Review Team for inclusion in report to Legislature
Dr. John Usera (Chiesman Foundation) worked with the Commissioners
to prioritize the recommendations from the review team (30) and the
commissioners’ recommendations (75). Each recommendation was read
and placed into one of eleven categories, to wit: Notice; State’s
Attorneys; Courts; DSS; Training; Funding; Legislation; Tribal
Support; Placement; Private Agencies; and Other. The Commissioners
prioritized the recommendations by voting for their top 36
recommendations.
Visitors from the Great Sioux Nation ICWA Consortium: Paul Valandra,
Diane Garreau, Bev Tuttle, Dawn Bad Warrior, Roger Trudell, Frank
Lamere, Tasonke Glinanjiwin, Arlana Bettolyoun, Robert Clifford,
Mary Bear Heels McCowan, Jewel Starr and Connie Bear King
(additional persons attended the meeting, but their signatures were
not clearly readable on the roster)
Chairman Roger Trudell (Santee Sioux Nation, Nebraska): Spoke to the
ICWA Commission on behalf of the Great Sioux Nation ICWA Consortium.
He indicated the visitors were there in support of a state ICWA
bill. He suggested that the Commission ask the Governor or
Legislature to extend the time of the commission to do a good job on
behalf of the tribal children in DSS care. Because of time
constraints, not all of the visitors were permitted to speak of
their concerns before the Commission; but the Commission encouraged
written comments. Suggestions received from Frank Lamere were
considered by the Commission during their deliberations.
5. Discussion and preparation of Commission
Report to Legislature
There was discussion about making a recommendation to the
Legislature to extend the Commission through next year. Steve Emery
moved to recommend to the Legislature and the Governor that the
Commission be extended for one year to ensure implementation of its
recommendations. Robert Walters seconded the motion, which was
passed unanimously by the Commission. The Commission selected
December 27, 2004 as the last day for written submissions to the
Commission.
Steve Emery suggested the Commission submit a short letter of
explanation to the Legislature, followed by the Commission’s
recommendations, an executive summary, and the body of the report.
The report will contain an executive summary, a historical analysis,
a summary of SD Supreme Court opinions, a section regarding delivery
of child protection services by DSS and the work of the Commission.
The GSN ICWA Consortium has prepared a state ICWA bill which it
intends to submit to the Legislature.
6. Proposed Legislation
a. Rule change – SDCL 26-8A-33
The following statute could be submitted to the Supreme Court as a
proposed rule rather than introducing a bill before the Legislature.
The language is based on California Court Rules 1412(i)(1).
26-8A-33: In any abuse or neglect proceeding involving a child
covered by the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as
amended to January 1, 2004, the tribe may appear by counsel or by a
representative of the tribe designated by the tribe to intervene on
behalf of the tribe. When the tribe appears as a party by
representative of the tribe, the name of the representative and a
statement of authorization for that individual or agency to appear
as the tribe must be submitted to the court in the form of a tribal
resolution or other document evidencing an official act of the
tribe.
Bern moved to submit the proposed statute to the Supreme Court for
consideration. Schad seconded the motion which was approved
unanimously. The proposed statute must be submitted to the Supreme
Court by December 17, 2004.
b. State ICWA bill – Roger Campbell, Executive
Director of Tribal Government Relations
Several preliminary meetings have taken place between
representatives from the Department of Social Services and members
of the Great Sioux Nation ICWA Consortium. Campbell stated it would
be premature to comment on the results of these meetings because all
of the stakeholders were not at the table. Interested parties
continue to dialogue about passage of a state ICWA bill.
A member of the Great Sioux Nation ICWA Consortium announced that
its next meeting will be held on December 16th and 17th from 8 am to
4 pm at the Rapid City Civic Center. All were invited to attend.
7. Further Meetings
Judge Kern indicated that the report was not finished and that the
Commission could either appoint an executive committee to finish the
report or hold a further meeting. Steve Emery suggested that the
Commission hold an additional meeting before January 1. After
considerable discussion, the Commission voted to hold a final
meeting on December 30, 2004, at the Ramkota in Pierre.
Sister Mary Curran closed the meeting with a prayer.
The meeting ended at 4:15 p.m. on December 14, 2004.
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