Working with Native American Tribes

Transcription

1 Wrking with Native American Tribes

2 Overview The Federal-Tribal-State relatinship The Tribe s inherent pwer f self-gvernment Seminle Tribal Curt The Seminle Tribe and DCF s State t Natin tribal agreement effrts Seminle Culture and Traditin Seminle Family Preservatin Seminle Child Prtective Investigatins Unit Seminle Health Department

3 Tribal Gvernments There are 562 federally recgnized tribes Each tribe is unique with their wn gverning structure, custms and traditins. There are 2 federally recgnized tribes in Flrida. Seminle Tribe Miccsukee Tribe

4 Wrking with Tribal Gvernments The United States relatinship with the Tribes is established thrugh and cnfirmed by the US Cnstitutin, treaties, statutes, executive rders, and judicial decisins. Since the US Cnstitutin recgnizes Tribes as svereign gvernmental entities alng with the federal gvernment, states and freign natins, interactins with Tribes shuld be cnducted n a gvernment t gvernment basis. The Federal Gvernment has recgnized that cnsultatin with Tribal gvernments n plicy decisins that have tribal implicatins is critical fr a sund and prductive Federal- Tribal relatinship. The Flrida DCF and the Seminle Tribe have begun t wrk tgether in rder t develp a sund plicy as it pertains t Indian Child Welfare within the State and with the bundaries f the Seminle Tribe.

5 Histrical Federal Pwer Dctrine f discvery Pwer f US (frm British) as ppsed t ther Eurpean pwers T legally acquire Indian land T cntrl wh negtiates with tribes Treaty relatinships Internatinal negtiatins Prtectrate Guardian / Ward relatinship

6 Histrical Federal Pwer Cherkee Natin v. Gergia (1831) Injunctin against Gergia frm enfrcement f GA laws n Cherkee Land Dmestic Dependent Natins, nt Freign Natins Like a Ward t his guardian Wrcester v. Gergia (1832) Gergia s cnvictin f missinaries residing n Cherkee land N State authrity in Indian Cuntry Distinct, independent plitical cmmunities

7 Mdern Federal Pwer The Curt recgnizes Cngressinal plenary pwer U.S. Cnstitutin, Article I, Sectin 8, clause 3. The Cngress shall have the pwer t regulate cmmerce with freign Natins, and amng the several States, and with the Indian Tribes. Tribal pwers can be divested if: Tribe cnsents t give up a pwer Cngress expressly takes pwer away frm tribe

8 The Rle f the Federal Curts Interpret law Leave tribal pwers intact unless Given up by cnsent Taken by Cngress Recent trends Decide if a pwer was inherent at all Oliphant example

9 Recgnized Tribal Pwers Internal gvernance but many tribal cnstitutins have federal apprval language Trend away frm this Jurisdictin ver members and thse that cnsent t tribal civil jurisdictin by their actins Taxatin Cntract disputes Dmestic issues

10 Tribal Pwers Limited by Feds Criminal jurisdictin Over Indians nly Supreme Curt rules tribal pwers f self gvernment predate Cnstitutin Cnstitutinal guaranties nt applicable t tribes Cngress enacts Indian Civil Rights Act f 1968, 25 USC sec Applies mst f the bill f rights t Tribes Maximum sentencing impsed n tribes 1 yr. in jail and/r $5000 fine (regardless f ffense) unless Tribal Law and Order Act 3 yr. in jail and/r $15000 fine fr any ne ffense 9 yr. ttal imprisnment Criminal prceedings in which an Indian tribe impses a ttal term f imprisnment >1 yr. the Indian tribe shall Prvide legal cuncil Judges must be trained and licensed

11 Tribal Pwers Limited by Feds Civil jurisdictin Over tribal members and thse in cnsensual relatinships with the tribe Mves way frm territrial jurisdictin f tribe Trt claims/dmestic relatins example

12 Civil Jurisdictin Mntana: (1981) Set the test fr Tribal Jurisdictin Tribe nly has authrity ver nn-indian if: Nn-Indian enters int a cnsensual relatinship Whse activity has direct effect n the plitical integrity, the ecnmic security, r the health r welfare f the Tribe Natinal Farmers Unin (1984) Tribes must be allwed t determine jurisdictin Knwn as the exhaustin rule A1 Cntractrs (1997) Tribe has n authrity ver nn-indian wh caused accident n highway running thrugh the reservatin. Iwa Mutual (1997) Civil jurisdictin ver the activities f nn Indians n reservatin lands presumptively lies with the tribal curt Shirley (2001) Tribe denied cmmnplace gvernmental pwers Can nt impse tax n nn-indian guest at a nn-indian wned htel lcated n fee land within the reservatin

13 Civil Jurisdictin: Cnt. Hicks (2001) Tribe had n authrity t hear a case against a state fficial Executin f warrant n reservatin when bth tribal and state fficials wrking tgether Large dicta n authrity f state t search n reservatin hmes fr crimes cmmitted ff the reservatin Lara (2004) Tribe retains inherent, nt delegated authrity ver nnmember Indians Anther duble jepardy case claiming tribe was exercising a delegated federal authrity t prsecute.

14 Civil Curt Jurisdictin Subject Matter Jurisdictin Persnal Jurisdictin Varius Federal Laws defining jurisdictin The Indian Child Welfare Act f 1978 Indian Gaming Regulatry Act

15 State Pwer in Indian Cuntry Histrically nn-existent State law has n frce and effect inside Indian cuntry Tribe s territry is nt cnsidered within state even thugh gegraphically s Federal delegatin f pwer t states Public Law 280

16 Public Law 280 Public Law , enacted by the 83rd Cngress in 1953, was a substantial transfer f jurisdictin frm the federal gvernment t the states in Indian cuntry. Public Law 280 cnferred criminal and civil jurisdictin n six specifically listed states (the s-called mandatry states) as fllws: Mandatry States Califrnia Minnesta Nebraska Oregn Wiscnsin Alaska(10) All Indian cuntry All Indian cuntry, except the Red Lake Reservatin All Indian cuntry All Indian cuntry, except the Warm Springs Reservatin All Indian cuntry All Indian cuntry, except Metlakatla criminal jurisdictin

17 Public Law 280 The fllwing states withut disclaimers assumed Public Law 280 jurisdictin either in whle r in part ver Indian cuntry within their states: Nevada (Nevada Revised Statutes sectin ). Flrida (Flrida Statutes Anntated sectin ) Idah (subject t tribal cnsent) (Idah Cde sectins /3). Iwa (11) (Iwa Cde Anntated sectins ). The fllwing states with disclaimers have assumed jurisdictin either in whle r in part ver Indian cuntry within their states: Washingtn (9) and 1963 (Washingtn Revised Cde sectin ) Suth Dakta and 1961 (civil and criminal actins n highways nly) (Suth Dakta Cmpiled Laws Anntated sectins , ). Mntana (Mntana Revised Cde Anntated sectin ). Nrth Dakta (subject t tribal cnsent) (Nrth Dakta Cent. Cde sectin ). Arizna (air and water pllutin) (Arizna Revised Statutes Anntated sectins , ). Utah (Utah Cde Anntated sectins t ).

18 Public Law 280 Are there any limits t state authrity under Public Law 280? States have nly law enfrcement and civil judicial authrity, nt regulatry pwer. N authrity ver prperty held in trust by the United States and federally guaranteed hunting, trapping, and fishing rights. N tax authrity n the reservatins. Matters central t the very definitin f the tribe, such as enrllment and certain dmestic relatins matters Have any federal laws enacted after Public Law 280 reduced state authrity n reservatins? The Indian Child Welfare Act, which gives tribes exclusive jurisdictin ver certain child custdy prceedings invlving Indian children. The Indian Gaming Regulatry Act f 1988 makes enfrcement f state gambling laws a federal rather than a state respnsibility. Can tribes have their wn curts and systems f laws in Public Law 280 states? Indian tribes have inherent svereign authrity. Mst curts and attrneys general have fund that under Public Law 280, the tribes have retained civil jurisdictin ver activities within Indian Cuntry as well as criminal jurisdictin ver Indians.

19 Tribal Curt Systems Tribal Curts Traditinal Angl Cmbinatin CFR Curts Curt f Indian Offences Department f War Ratified by adptin f CFR

20 Seminle Tribal Curt Appellate Curt Chief Justice Tw Assciate Justices Judicial Advisr Trial Curt Chief Judge Assciate Judge: Number dependent n case lad Judicial Advisr Administrative Office f the Seminle Curt Directr Research Assistant Clerk f Curt Clerk

21 Seminle Judicial Cmmissin Independent bdy that hears cmplaints against judicial fficers and cnsists f: Chief Justice Chairman f the Seminle Tribal Cuncil Three Tribal Members frm the Selectin Cmmittee Selectin Cmmittee Cnsist f Seven Tribal Members Charged with the selectin f justices and judges Initially appinted by Tribal Cuncil

22 Seminle Tribe f Flrida Reservatins Hllywd Brward Cunty Big Cypress Hendry Cunty Brward Cunty Brightn Glades Cunty Immkalee Cllier Cunty Tampa Hillsbrugh Cunty Frt Pierce St. Lucie Cunty

23 Seminle Culture and Traditin Matriarchal with 8 Clans

24 Seminle Culture and Traditin Raising children Parental respnsibility Discipline Extended family beliefs Reslving disputes thrugh the Green Crn Dance

25 FAMILY SERVICES DEPARTMENT Directr: Helene Buster, RN

26 Family Services Department Prgrams Clinical Prgram Family Preservatin Prgram Preventin and Utilizatin Prgram Psychlgical and Psychiatric Services Prgram Aftercare Prgram

27 Family Services Department Services Offered: Individual, family, cuples, and grup therapy Assessments and recmmendatins curt, case plans Crisis interventin Relapse preventin DUI cunseling Seminle specific residential substance abuse treatment services at Jhn s Place, Inc. Seminle specific Three-Quarter-Way Huse at E lá mash ke Che ke Substance Abuse After Care Services Case management Discharge planning Men s and wmen s supprt grups Children and yuth grups Psychiatric services Psychlgical Testing On call 24/7

28 Family Preservatin Prgram The Family Services Department (FSD) has a prgram called Family Preservatin. Family Preservatin assists and supprts children, elders, and families wh have experienced r are at risk f abuse and neglect. Gal: T preserve the Seminle family. FSD has designated Family Preservatin staff at each site.

29 Hw the Seminle Tribe f Flrida Exercises ICWA, cntinued Family Preservatin staff accmpany the child prtectin investigatr n the investigatin, even if the investigatin is ff the reservatin. Family Preservatin staff s rle is t supprt the family and advcate fr the family s rights under ICWA. Family Preservatin staff attend ALL dependency curt hearings and act as qualified expert witnesses during these hearings.

30 Hw the Seminle Tribe f Flrida Exercises ICWA, cntinued If a family is asked t participate in preventive services (a Safety Plan) as a result f an investigatin, FSD will prvide mst f these services. If it is decided that a child must be remved frm his/her parents/custdians, Family Preservatin staff will lcate a placement fr the child. Family Preservatin staff will cmplete the hme study and backgrund check in rder t apprve this placement. Family Preservatin will utilize the services f an attrney when the Seminle Tribe s rights are in jepardy f being vilated under ICWA. This attrney represents the Tribe, nt the child r parents.

31 Beynd the Investigatin FSD s Family Preservatin staff will remain invlved thrughut the duratin f all tribal dependency cases. Aside frm extensive mental health and substance abuse services, FSD als prvides these services: Assist with the develpment f a curt rdered case plan. Mnitr the case plan task prgressin and prvide reprts t DCF and the curt. Attend all curt hearings t advcate fr the child and family. Mnitr DCF s and the curt s cmpliance with ICWA. Facilitate a Tribal Parenting Curse n all reservatins. Supervise visits between parents/custdians and their children.

32 The Family Services Department, Family Preservatin Philsphy If a child is remved, Family Preservatin always advcates fr reunificatin. If a parent has nt made significant prgress n her/his case plan ver a year s time, Family Preservatin will supprt clsing the case t lngterm placement (Permanent Guardianship). Family Preservatin generally never supprts terminating parental rights. Family Preservatin des supprt adptin but usually nly when a parent vluntarily surrenders her/his parental rights.

33 Tribal Fster Hme Licensing The Seminle Tribe (thrugh FSD) licenses its wn fster hmes. Licensing requirements: Hme Study Backgrund checks fr anyne 18 and lder living in the hme. Drug screens fr anyne 18 and lder living in the hme. Cmpletin f a Tribal Parenting Curse Cmpletin f CPR/First Aid Certificatin A license is valid fr tw years. Therefre, the Hme Study, backgrund checks, drug screens, parenting curse, and CPR/First Aid must be updated every tw years. FSD mnitrs the fster hmes n a regular basis.

34 Preparing fr Tribal Curt Family Preservatin Prject Team (FPPT): A multidisciplinary cmmittee assembled t wrk n the develpment f the Seminle Tribe s child welfare system. FPPT Missin Statement: The cmmittee is established and charged with develping a Family Preservatin system cmmitted t ensuring the health, safety, and well-being f the children f the Seminle Tribe f Flrida thrugh a multi-disciplinary apprach respectful f the culture and traditins f the Seminle Tribe f Flrida. Prducts f the FPPT include the Family Preservatin Cde (children s cde), Seminle Tribe Child Prtectin Team Standard Operating Prcedures, Child Prtectin Investigatins Unit Standard Operating Prcedures, Family Preservatin Plicies and Prcedures.

35 Preparing fr Tribal Curt (cntinued) Seminle Tribe Child Prtectin Team (CPT): This multi-disciplinary team is made up f staff frm several Seminle Tribal departments (see next slide). CPT Missin Statement: We are cmmitted t addressing and reducing child abuse and neglect within the Seminle Tribe f Flrida thrugh a cllabrative partnership with all Tribal departments while respecting the culture and traditins f the Seminle tribe. The CPT will staff all investigatin cases and curt cases. The CPT will assist in the develpment f safety plans and curt rdered case plans. The CPT will cntinue t mnitr all investigatins and pen curt cases in rder t make recmmendatins t the curt.

36 Presenting Officer Children s Center fr Diagnstics and Therapy Medical Prvider Pediatrician Other Departments n a case by case basis A Child Family Services Family Preservatin Law Enfrcement SPD/CPI Educatin "Other Departments n a case by case basis" refers t thse that d nt have cntact with all children and/r families (fr example, Preschl, Ahfachkee Schl, Pemayetv Emahakv Charter Schl, etc).

37 Future Plans (cntinued) Family Preservatin staff will case manage all dependency cases in the Seminle Tribal Curt. The Family Preservatin staff will cntinue t wrk clsely with DCF staff n all cases that remain in the State curt. Additinal Family Preservatin staff will be hired t mre effectively prvide services t tribal families invlved in the Seminle Tribal Curt. There are currently 5 Family Preservatin dedicated staff, in additin t a Family Preservatin Administratr and a Family Preservatin Crdinatr. 5 additinal Family Preservatin staff will be hired t meet the needs f the cmmunity and the Tribal Curt.

38 SEMINOLE POLICE CHILD PROTECTION INVESTIGATIONS UNIT

39 Child Prtectin Investigatrs NATURE OF WORK: The investigatr is respnsible fr cnducting fair and cmplete civil investigatins f alleged abused, abandned, neglected r explited children, n Seminle Reservatins fr the Seminle Tribe f Flrida. The investigatin can invlve risk, expsure t hazardus situatins and requires a high level f interpersnal skills in cmmunicatins. Investigatins frequently invlve irregular and requiring lng wrk perids under stressful situatins.

40 Child Prtectin Investigatrs ESSENTIAL FUNCTIONS OF THE JOB: Makes cntacts with families with allegatins f abuse, neglect and/r maltreatment Respnds t allegatins f abuse, neglect, abandnment and/r special cnditins; determine finds; and dcument the infrmatin int apprpriate files and systems. Respnds t HOTLINE reprts and determines immediate risk t the child. Cnduct child safety assessments, at hme and/r schl Opens, maintains and clses files related t families being served. Arranges fr r prvides transprtatin fr clients.

41 Child Prtectin Investigatrs Essential Functins f the Jb cnt.: Schedules and gathers infrmatin fr and participates in case staffing. Explain the purpse f child prtectin t children, elders and families. Explain rights and respnsibilities t children and family members. Perfrms n call duties. Arrange emergency placement fr children at risk. Perfrms related wrk as required. Reprts indicatin f abuse and/r abandnment t apprpriate authrity. Maintain a clse wrking relatinship with the Seminle Plice Department, Seminle Tribe f Flrida s Department f Family Services and Seminle Tribal Curt. Ability t keep and maintain infrmatin cnfidential.

42 Child Prtectin Investigatrs REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Ability t manage and reslve cnflicts, grievance, cnfrntatins r disagreements in a cnstructive manner t minimize negative persnal impact. Displays high standards f ethical cnduct. Ability t identify prblems, determine accuracy and relevance f infrmatin, use sund judgment t generate and evaluate alternatives, and make recmmendatins. Ability t maintain cmpsure and perfrms effectively under stressful cnditins. Ability t seek infrmatin frm ther surces in a effrt t make the best decisin pssible. Knwledge f the principles and prcesses fr prviding client and persnal services including needs assessment techniques, quality service standards, alternative delivery systems and client satisfactin evaluatin techniques. Knwledge f investigative techniques Knwledge f interviewing and bservatin techniques.

43 Child Prtectin Investigatrs REQUIRED KNOWLEDGE, SKILLS AND ABILITIES cnt.: Skill in cnsidering child develpment in alternatives fr the children. Ability t cnduct risk and safety investigatins Ability t plan, rganize and crdinate wrk assignments Ability t understand and apply relevant laws, rules, regulatins, plicies and prcedures. Ability t actively listen t thers Ability t cmmunicate effectively. Ability t establish and maintain effective wrking relatinships with thers. Ability t utilize cmputer systems Ability t write clear and accurate investigative reprts.

44 Child Prtectin Investigatrs NECESSARY SPECIAL QUALIFICATIONS: Current valid State f Flrida driver s license Bachelr Degree frm accredited cllege with Educatin, training r experience in related psitin disciplines At least 1 year child/ elder welfare related experience A Master s degree in related service field can substitute fr ne year f experience Child Prtectin Internship can substitute fr ne year experience Attainment f a passing scre n the basic skills Intrductin t Child Prtectin Written Assessment administered by the State f Flrida Department f Children and Families. The Seminle Tribe f Flrida and the Seminle Plice Department are equal pprtunity emplyers with preference given t Native American applicants.

45 Chain f Cmmand- Seminle Plice Department

46

47 Hllywd Clinic Health Department Cnnie Whidden, MSW Health Directr Brightn Clinic Big Cypress Clinic Immkalee Clinic

48 Missin Statement The Seminle Health Department Staff Will Prvide Quality Health Care and Prmte Wellness Within The Cmmunities T Ensure That All Patients Reach Their Health Ptential

49 Wh is Eligible fr Health Services Ttal Current Patient Ppulatin = 5063 Tribal Members = Enrlled Member f STOF 3,720 Eligible fr Direct Care and Self-Funded Supplemental Member Plan Descendants = STOF Descendant 1 Parent Enrlled STOF Member -300 Eligible fr Direct Care and Cntract Health Services with referral frm Clinic Other Eligible = Member f anther Federally Recgnized Tribe Eligible fr Direct Care and Cntract Health Services with referral frm Clinic (Scial and Ecnmic Ties t STOF) Direct Care = Member f anther Federally Recgnized Tribe Eligible fr Direct Care nly at ne f the STOF Clinics

50 Prgrams, Services, Functins, and Activities Health Administratin: Under the Directin f the Health Directr, Health Administratin Prvides fr the effective, efficient and financially sund peratin f the STOF Health Care System. Health Administratin has versight fr all Prgrams, Functins, Services and Activities (PFSA s) under the Health Department t ensure that all patient s receive the highest level f health care thrugh ur prviders and thse cntract health prviders in the larger cmmunity. Medical Prgram: Prvides direct primary patient care, at fur sites, fr the treatment and preventin f acute and chrnic illnesses and r injuries. The Medical Prgram functins under the directin f the Chief Medical Officer with supprt frm the Directr f Nursing. Illnesses beynd the scpe f the Clinics are addressed thrugh Cntract Health Prviders.

51 Prgrams, Services, Functins, and Activities Dental Prgram: Prvides direct dental care t patients, at fur sites. Services include preventive, restrative, limited rehabilitatin, cmplex rehabilitatin, and ral surgery. Pharmacy Prgram: STOF Pharmacy is physically lcated n the Hllywd reservatin. The pharmacy prvides high- quality, innvative pharmaceutical services in a cllabrative envirnment with primary fcus n the individual needs f the STOF patient. Children s Center fr Diagnstics and Therapy (CCDT): Tribal-wide cmmunity-based prgram that currently serves 250 special needs Children frm birth 21. Services include Speech, OT, PT, Early Interventin, Behaviral Management, and Neurlgical and Educatinal Psychlgical screenings and evaluatins.

52 Prgrams, Services, Functins, and Activities Allied Health Prgram: Prvides Certified Health Educatrs and Registered Dieticians n each Reservatin t wrk individually and in grups with patients. Allied Health als administers the Diabetes Prgram and Pathways Walking Prgram in additin t ffering year rund cmmunity events and activities. Eligibility & Utilizatin: Includes but nt limited t the versight f all activities related t cntract health services, prvider negtiatins, maintenance f patient registratin system, eligibility determinatin, and crdinatin f member benefits under the Self-Funded Supplemental Member Plan.

53 Prgrams, Services, Functins, and Activities Medical Recrds: Oversight and management f all patient medical recrds t ensure cmpliance with the STOF Patient Privacy Plicies and Prcedures as apprved by Tribal Cuncil. Envirnmental Health & Animal Cntrl: Functins t access, mitigate, eliminate and r cntrl the bilgical, chemical, radilgical and physical factrs in the envirnment what may have an adverse impact n the health status f the Tribe. This prgram is als respnsible fr the Animal Cntrl Prgram, msquit cntrl, fd surveillance, health and safety.

54 Cntact Infrmatin Kristi Hill, MSW, ACSW Family Preservatin Administratr Family Services Department Seminle Tribe f Flrida 3006 Jsie Billie Ave. Hllywd, FL Office: (954) x10371 Fax: (954) kristihill@semtribe.cm