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We will begin at 11:00am (PT) / 2:00pm (ET). A recording and PDF version of the presentation slides will be available after the webinar. Your line will be muted to cut down on background interference so please use the chat box to share your name, your organization, your location and any questions you have for our featured speakers. Welcome to the Webinar Presenters: Marilyn J. Bruguier Zimmerman, MSW, PhD, Tribal Senior Policy Advisor, Office of Juvenile Justice and Delinquency Prevention Terri Yellowhammer, Attorney Indian Child Welfare Law Center and ICWA Consultant, MN Board on Guardians Ad Litem Gaynell RealBird, MSW, Rocky Mountain Regional Meth Initiative Coordinator/Child and Family Specialist, Bureau of Indian Affairs, Rocky Mountain Regional Office Facilitator: Jennifer Rose, Consultant, Futures Without Violence Building Trauma - Informed Tribal Child Welfare Systems: New Shifts in Policy and Practice August 9 th , 2016

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Page 1: Marilyn J. Bruguier Zimmerman, MSW PhD, Tribal … › fwvcorp › wp-content › uploads › ...•Removal-foster care placement action removing an Indian Child from his or her parent

We will begin at 11:00am (PT) / 2:00pm (ET).

A recording and PDF version of the presentation slides will be available after the webinar.

Your line will be muted to cut down on background interference so please use the chat box to

share your name, your organization, your location and any questions you have for our featured

speakers.

Welcome to the Webinar

Presenters:

•Marilyn J. Bruguier Zimmerman, MSW, PhD, Tribal Senior Policy Advisor, Office of Juvenile Justice and

Delinquency Prevention

•Terri Yellowhammer, Attorney Indian Child Welfare Law Center and ICWA Consultant, MN Board on

Guardians Ad Litem

•Gaynell RealBird, MSW, Rocky Mountain Regional Meth Initiative Coordinator/Child and Family Specialist,

Bureau of Indian Affairs, Rocky Mountain Regional Office

Facilitator:

Jennifer Rose, Consultant, Futures Without Violence

Building Trauma-Informed Tribal Child Welfare Systems: New

Shifts in Policy and Practice

August 9th, 2016

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Federal Coordination

• US Department of Justice– Office of the Attorney

General

– Office of Justice Programs

• Office of Juvenile Justice and Delinquency Prevention

• Office for Victims of Crime

• National Institute of Justice

– Office on Violence Against Women

– Office of Community Oriented Policing

– Executive Office of US Attorneys

• US Department of Health and Human Services

• US Department of Education

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Goals of the Defending Childhood Initiative

• Prevent children’s exposure to violence.

• Mitigate the negative effects experienced by

children exposed to violence.

• Develop knowledge about and spread

awareness of this issue.

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Overview of Strategy

• Research and Evaluation

• Direct Action in Communities– Comprehensive Demonstration Project

– Safe Start Program (www.safestartcenter.org)

– OVW Children Exposed to Violence grants

• Training and Technical Assistance

• Attorney General’s Task Force on Children Exposed to Violence (www.justice.gov/defendingchildhood/cev-rpt-full.pdf)

• Action Partnerships with Professional Organizations

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How to use this technology AUDIO:

• You can choose to connect via computer OR via telephone.

• Should you choose to dial in, please follow the audio

instructions on the screen or in the audio pop up:

• Dial: 1-877-647-3411

• Enter the Participant Code: 914571#

OR

• Dial: 1-719-867-0497

• Enter the Participant Code: 914571#

• Closed Captioning is provided in today’s presentation

• There will be time for Q & A at the end of the presentation.

• Please enter any questions you have in the Public Text Chat box.

• For Adobe Tech Support, please dial:

• 1-800-422-3623

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BUILDING TRAUMA INFORMED

TRIBAL CHILD WELFARE

SYSTEMS:

NEW SHIFTS IN POLICY AND

PRACTICE

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Marilyn J. Bruguier Zimmerman

Tribal Senior Policy Advisor

Office of Juvenile Justice and Delinquency Prevention

Understanding Trauma and

Children’s Exposure to

Violence in Indian Country

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10What is trauma?

Trauma is Not an event, but a

response to a stressful experience, where one’s ability to cope is overwhelmed

Trauma overwhelms the ability to adapt and generates feelings of helplessness and terror

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11Conduit to Trauma Exposure

• Child maltreatment and neglect

• Substance abuse in caregivers

• Depression and other mental health disorders in caregivers

• Domestic violence exposure in the family, in particular witnessing the mother treated violently

• Intergenerational trauma

• Historical Trauma

• Community violence

• Proximity to suicide

• Experiencing a traumatic accident

• Death of primary caregiver

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National Crisis

Exposure to violence is a national crisis

that affects approximately two out of every

three of our children. Of the 76 million

children currently residing in the United

States, an estimated 46 million can expect

to have their lives touched by violence, crime,

abuse, and psychological trauma this year.

Report of the Attorney General’s National Task Force on Children Exposed to Violence Defending Childhood Initiative, 2012

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Families living in under-resourced and dangerous communities are exposed

to multiple traumas, including current dangers and trauma reminders. . .

www.nctsn.org

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Physical Abuse

Puts children at high risk for lifelong problems with medical illness, PTSD, suicidality, eating disorders, substance abuse, and deviant sexual behavior. Physically abused children are at heightened risk for cognitive and developmental impairments, which can lead to violent behavior as a form of self-protection and control.

Report of the Attorney General’s National Task Force on Children Exposed to Violence

Defending Childhood Initiative, 2012

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Sexual Abuse

Places children at high risk for serious and chronic

health problems, including post-traumatic stress

disorder (PTSD), depression, suicidality, eating

disorders, sleep disorders, substance abuse, and

deviant sexual behavior.

Report of the Attorney General’s

National Task Force on Children Exposed to Violence

Defending Childhood Initiative, 2012

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Intimate Partner Violence

Within families puts children at high risk for severe and potentially lifelong problems with physical health, mental health, and school and peer relationships as well as for disruptive behavior. Witnessing or living with domestic or intimate partner violence often burdens children with a sense of loss or profound guilt and shame because of their mistaken assumption that they should have intervened or prevented the violence or, tragically, that they caused the violence.

Report of the Attorney General’s National Task Force on Children Exposed to Violence

Defending Childhood Initiative, 2012

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Community Violence

Violence and ensuing psychological trauma can lead children to adopt an attitude of hyper-vigilance, to become experts at detecting threat or perceived threat — never able to let down their guard in order to be ready for the next outbreak of violence. They may come to believe that violence is “normal,” that violence is “here to stay,” and that relationships are too fragile to trust because one never knows when violence will take the life of a friend or loved one.

Report of the Attorney General’s National Task Force on Children Exposed to Violence

Defending Childhood Initiative, 2012

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Complex Trauma

When the individual experiences multiple or

chronic and long-term, adverse traumatic

events; most often adolescents will have

experienced abuse from caregivers.

www.nctsn.org

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“For us in Rosebud, our reservation, the question is not who has been exposed to violence, it’s who hasn’t been exposed to violence?”

Mato Standing High, Attorney General,

Rosebud Sioux Tribe

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20Historical Trauma

• Loss of Sovereign Powers

• Loss of Homeland

• Loss of Language

• Criminalizing of Spirituality

• Reservations

• Boarding Schools

• Child Welfare

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“A collective complex trauma inflicted on a group of people who share a specific group identity or

affiliation. . .It is the legacy of numerous traumatic events a community experiences over

generations and encompasses the psychological and social responses to such events”

(Evans-Campbell, T., 2008)

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The Indian Child Welfare Act

of 1978: Recent Changes

Terri Yellowhammer, Attorney

Indian Child Welfare Law Center

Minneapolis, MN

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Purpose of ICWA

• Address high rate of removal of American

Indian children from their homes and

placement into foster care

• Prevent the breakup of the Indian family

• Provide a way for tribes to intervene in state

court child protection proceedings where Indian

children are involved

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Problems in Implementation

• County by county, state by state, people do

things differently

• Very little guidance given to states on how to

implement the law

• BIA Guidelines of 1979 attempted to provide

clarity, but not binding authority

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Guidelines vs. Regulations

• Guidelines or agency guidance is considered

secondary authority, though can be

persuasive in providing intent of the law

• Black letter law or primary authority is found

in statutes, case law (court decisions,

published and unpublished), at the state and

federal level

• One is optional, the other is not

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Updated BIA guidelines issued

In March 2015

• During this time, listening sessions conducted

for the Department of the Interior to gather

feedback

• Great improvement over the guidelines issued

36 years prior

• Set the stage for proposed regulations,

though there are differences

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ICWA Regulations

• Proposed black letter law goes further in implementing

ICWA nation wide by providing consistency and binding

authority

• Because it was rulemaking, under the Code of Federal

Regulations, public listening sessions held, with the first

at the NICWA conference in April 2015

• Tribal Consultations held in conjunction with public

sessions

• Public comment period followed. Much opposition to

the regulations ensued, including lawsuits brought

against the federal government

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Regulations finalized

• Issued on June 8, 2016

• Go into effect 180 days from release date to

give state systems time to prepare to

implement

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What is different?

• Active Efforts, defined

• 11 different examples given

• Important because states hadn’t been given

clear guidance on what AE means

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Tribal Involvement

• Crucial in ICWA cases to address trauma of

foster care

• Encourages culturally appropriate service

provision

• Best interests standard different for Indian

children

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Defines

• Child Custody and continued custody – a

response to Adoptive Couple v. Baby Girl

(AKA Baby Veronica case)

• Indian Foster Home

• Domicile

• Involuntary proceeding

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Excludes

• Consideration of factors that give rise to

Existing Indian Family Exception

• Voluntary placements

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Provides

• Extending application of ICWA to cases

involving youth over the age of 18, where

youth turns 18 during case

• Request of information to establish tribal

affiliation for adult adoptees

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Questions?

[email protected]

Mii gwetch/Pilamayayeye

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Implementing Trauma Informed

Child Welfare Programs and

Practices

Gaynell Real Bird, Bureau of Indian Affiars

[email protected]

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Our Goals Today

• Provide information about concepts associated

with trauma informed response for child welfare

workers on the Crow Reservation in Montana.

• Gain increased understanding of the implications

of trauma screening tools and response for child

protection workers.

• Identifying and understand the complex issue

surrounding “child removal” policy, and how to

change and shift practice to keeping the family

safe and together.

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Child Welfare Staff Response before

“Trauma Informed” lens change

• Referral-Centralized Intake-Law Enforcement-Community members-Schools-Hospitals

• Intake-Review of Case information, including history

• Removal-foster care placement action removing an Indian Child from his or her parent for temporary placement in a foster home, guardian or conservator (i.e. relative placement)

• Placement-Extended Family member-Grandparents, etc.

• 25 CFR Part 23.2 Definitions

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Child Welfare Staff Response after

“Trauma Informed” lens change

• Referral-Intake-Staffing

• Trauma Screening Tool

• Interview with family & children if possible

• Solution-Differential Response

• Monitoring

• Support with service providers

• Support for the family

• Keeping families together

• Acknowledging family strength & weakness-acceptance

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Child Welfare Worker Perceptions

Before• Refusal to change or improve

existing perception

• My way or no way

• Children in the system longer

• Children not provided with adequate service

• View that family was unwilling to help themselves

• Community Service Agencies were too busy to help

• Lack of empathy-(i.e. IEP)

After• Acceptance of the importance

of being “trauma informed”

• Self care-environment care

• Open lines of communication

• Children provided with wrap around services-met the need

• View that families had strength and needed support

• Community Agencies were “Trauma Informed” educated

• Sharing of cases-including the tribal agencies

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Questions?

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Please take a moment to take a short survey regarding today’s webinar and future webinars.

https://www.surveymonkey.com/r/8BD3BXD

August 9th, 2016

This project was supported by Grant No. 2011-MU-MU-K011 awarded by the

Office of Juvenile Justice and Delinquency Prevention, Office of Justice

Programs, U.S. Department of Justice. Points of view in this document are

those of the authors and do not necessarily reflect the official positions or

policies of the U.S. Department of Justice.

Building Trauma-Informed Tribal Child Welfare Systems: New

Shifts in Policy and Practice