Governor’s ICWA Commission
August 10, 2004, Sioux Falls, SD
Meeting Minutes
ICWA Commission members present: Jackie Barse; Keith Bonenberger;
Jim Bradford, Mary Curran, Joni Cutler; Bob Duxbury, Renee
Eggebraaten, Steve Emery, Deb Fischer-Clemens, DJ Hanson, Doug
Herrmann, Ann Holzhauser, BJ Jones, Janine Kern, Mike LaPointe,
Tracey Manywounds, Tami Bern, Rose McCauley, Denise Murphy, Ramona
O’Connor, Sara Olson, Mike Schad, Kathleen Trandahl; Dave Valandra,
Jack Von Wald, Bob Walters, Cordelia White Elk, Bill White Lance,
Virgena Wieseler
ICWA Commission members absent: Ramona O’Connor
Others Present: Roger Campbell, Jill Ireland; Judy Hines; Vicki
Burger; Mary Patterson; Jennifer Ring; Susan Randall; Jim
Ellenbecker; Tom Magedanz; Allison Hedge Coke; Vernon Ike Schmidt;
Stacey Tieszen; Dawn Bad Warrior; Diane Garreau; Amanda Wilbur;
Clifton Skye; Norman Provencial; Chantelle Blue Arm; Ernestine
Chasing Hawk
1. Welcome – Co-Chairs Kern and Jones
welcomed all the commission members and those in the audience. The
commission members introduced themselves. Bob Walters opened the
meeting with a prayer.
2. Status of Tribal Resolutions
Roger Campbell summarized the status of the resolutions. Three
tribes passed the resolutions: Crow Creek, Yankton and Standing Rock
Sioux Tribes. The Sisseton-Wahpeton Oyate and Flandreau Tribes did
not feel the resolution was necessary. No response was received from
the Lower Brule and Oglala Tribes. Rosebud was considering adoption
of the resolution.
3. Status of file reviews and recruitment of
volunteers
The Review Team appeared telephonically and summarized their
activities. The team is requesting information and materials from
state and Tribal agencies, follow-up on the tribal resolutions,
reviewing state and federal materials related to ICWA, reviewing UJS
and CPS policy and procedure manuals, CPS and UJS case files, CPS
budget information, CPS PIP information, creating a list of files to
request from DSS, creating approximately 40 agency lists for data
collection, developing data collection instruments, performing a
data sort of CPS-ICWA case lists (for file review purposes),
participating in two conference calls with the ICWA Commission
co-chairs, and coordinating site visit activities. The review team
plans to be in South Dakota on the following dates: August
30-September 3, 2004 in Sioux Falls; September 7-17, 2004 in Rapid
City for the file review; September 13-17, 2004 in Rapid City for a
site visit; and September 19-25, 2004 in Pierre, Aberdeen, and
Huron. Volunteer attorneys from Rapid City will be trained by the
team to review case files using a compliance checklist. The team is
continuing to work on the surveys and compliance checklists and
hopes to have them done by the end of August.
The Commission received and reviewed the invitation letter the
Review Team is sending out to people to participate in the ICWA
focus groups, including lawyers, DSS workers, state’s attorneys,
tribal officials, judges, and voluntary adoption agencies.
The team is sorting through a very large list, provided by CPS, of
ICWA cases closed during 2002 and 2003, to get a stratified list for
the file review. The tribal commissioners are asked to give Dawn
Rubio or Brenda Bellonger a call to set up the site visits on the
reservations. Brenda Bellonger summarized what NAILS and NCSC would
like to accomplish at the site visits with each of the tribes,
namely, 1) to go over the survey questions that are available on the
internet; 2) complete focus group questions that deal with specific
sections of ICWA; and 3) obtain the tribes perceptions of the
state’s compliance with ICWA. She clarified that the tribal court
files would be pertinent only to see if the state was complying with
ICWA and not all the tribal court files would be opened. As to the
file review, files will be taken from cases closed in 2003 because
there are a sufficient number of cases available in that year. Jim
Bradford commented that this is all for the children and they should
be focusing on that - it shouldn’t be a state/tribe stand-off over
the records. Steve Emery commented that DSS should already have the
tribal court records of the kids placed in DSS custody.
4. Scheduling of listening sessions on the
reservations in September and October. The Commission revised
the schedule for the listening sessions for the reservations.
Commissioners agreed to attend sessions in their areas. The
Co-Chairs were directed to attend every session in order to
facilitate the sessions and provide consistency. The following
public hearing schedule was agreed upon:
Ft. Thompson : September 10 - 9 am to 12 pm
Wagner : September 10 - 2 pm to 5 pm
McLaughlin : September 14 - 10 am to 12 pm/ 1 pm to 5 pm
Eagle Butte : September 15 - 10 am to 12 pm/1 pm to 5 pm
Rosebud : September 17 - 10 am to 12 pm/1 pm to 5 pm
Pine Ridge : September 24 - 10 am to 12pm/ 1 pm to 5 pm
Sioux Falls : September 25 - 9 am to 12 pm
Sisseton : October 7 - 9:30 am to 12 pm
Rapid City : October 11 - 6 pm to 10 pm
Steve Emery suggested that the most cost-effective way to provide a
record of the sessions would be to tape record the sessions and then
have someone transcribe the tapes. Judge Jones would like to set up
some ground rules for the public hearings. Also, should the public
hearings be only for designated people to speak or open it up to the
community? Bob Walters recommended listening sessions in the urban
areas as many ICWA cases are filed in Rapid City and Sioux Falls.
5. Summary of report from ICWA Director’s
meeting - Virgena Wieseler
6. Mechanics of an abuse and neglect case.
a. Deputy State’s Attorney – Mike Schad
Mike Schad summarized the mechanics of an abuse and neglect case in
State Court. He prepared hand-outs containing the pleadings from an
actual file which were redacted to remove the names of the parties.
He described the process from initial removal, through adjudication,
termination of rights and adoption.
b. DSS Workers – Denise Murphy and Sara Olson
Denise Murphy and Sara Olson described the role of several different
types of social workers throughout the process. The on-call social
worker’s duties include responding to emergency calls, determining
if a relative is available to take a child or if the child should be
placed in foster care. These workers assess the safety of any
placement and make the placement decision. Currently in South Dakota
there are 744 DSS foster homes and only 69 are Native American. The
on-call social worker also gathers information about the child’s
tribal affiliations. The worker reassures the child and provides
support to the placement resource.
The family service social worker (Intake) accepts telephone and
walk-in reports of abuse and neglect, conducts collateral contacts
regarding abuse and neglect allegations, provides crisis
intervention to families in which there is risk of abuse and
neglect, provides information and referral services, and gathers
information about tribal affiliations. In the initial family
assessments, the worker interviews children, parents, other
household members, and other collateral contacts and assesses
allegations of child abuse and neglect. They also obtain medical
treatment for children, if necessary. These workers also initiate
court action through the state’s attorney if other interventions are
not successful, arrange placement for children when necessary,
complete investigative narrative reports and testify in child abuse
and neglect hearings.
The case manager reviews family assessments and determines if the
child is eligible for enrollment in a tribe or if they are already
enrolled. The case manager refers family members to needed resources
and provides recommendations to the courts. The worker prepares a
treatment plan to safely return children home. Under ASFA, the
parents have 12 months to make the home safe for the return of their
children. From the time of emergency placement, the social worker
develops a concurrent plan for the child. They also assess the needs
of the family and implement and monitor case plans to preserve and
strengthen families. The worker brokers services or provides direct
services to families to address their issues.
There are also children’s workers. These workers supervise children
in alternate placement, promote permanence for children through
coordination and delivery of services. If efforts to reunite a child
with their birth family are unsuccessful, an alternative placement
plan is developed for the child. These plans include adoption by a
relative or non-relative, guardianship with a relative or
non-relative, permanent relative care, and preparing a teen to live
independently.
The Home-based workers provide services to families where the
children would otherwise be removed or when the child is being
reintegrated into the family. The worker frequently visits the home,
does crisis intervention, and organizes, implements and monitors
effectiveness of the case plan, utilizing an array of community
resources to resolve issues.
The parents or custodians involved in referrals of abuse or neglect
have important rights, to wit: to know the Department’s legal basis
for intervention; the nature of the allegations; and any possible
action which the Department may take including a petition to the
court recommending removal of a child. DSS must also recognize the
cultural views and practices of the parents. The parent’s
responsibilities are: to provide adequate physical and emotional
care for their children; to accept responsibility for their actions
or omissions; and actively participate in a treatment plan designed
to strengthen and stabilize the family.
Children also have rights which include the right to be protected
from harm; receive adequate care and support; experience emotional
stability; to be placed in a stable and loving family; and to
maintain family connections and culture.
7. B.J. Jones – ICWA Overview
B.J. Jones gave a short presentation on the rights of Indian tribes
when they receive notification of the pendency of state court child
custody proceedings. Jones explained about the absolute right to
intervene in the proceeding, the need to submit proof of membership
or eligibility for membership, and issues involved in deciding
whether to seek transfer of jurisdiction. Jones then talked about
the various options on transfer of jurisdiction including
transferring jurisdiction and placing the child with the Tribal
Child Protection Program or a family member or transferring
jurisdiction but maintaining placement rights with DSS (similar to
the orders that Tribal Courts enter on some reservations where DSS
continues to do child protection work). Several audience members
indicated that DSS had refused to maintain custody after transfer of
jurisdiction and it was agreed that this was an issue that needed to
be resolved.
8. Session with Dr. Usera (Barriers to
Compliance) – small group Break Out
As the Review Team was not funded to appear at the August and
October meetings to obtain input from the Commission itself, the
Commission determined that it would be useful to conduct a focus
group with the Commission members and members of the public in
attendance at the meeting, most of whom were professionals serving
children in a variety of capacities. The session was facilitated by
Dr. John Usera of the Chiesman Foundation. The group broke out into
smaller groups to begin to identify barriers effecting compliance
with ICWA.
a. Reporting back as a large group and
solutions
At the conclusion of the small group sessions, the Commission
reconvened and each group summarized its findings. This process was
helpful and many important issues were identified through the
collaborative process.
b. Next meeting date and agenda suggestions
The meeting adjourned at 3:30 pm on August 10, 2004.
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