Youth ICWA Training online

Thank you to all those who helped get the word out and identified youth for the American Indian Foster Youth Academy.  The Academy was an amazing success and an incredible experience.  Thank you also to The California Endowment and the San Manuel Band of Mission Indians for funding.  A huge Thank You to California Youth Connection for their two day training on foster youth rights in California and policy advocacy.  The Academy would not have been a success without the kind and timely support of Mark and Mandi Thompson.  IDRS interns Lydia Navarro and Preston Massey were instrumental in designing and organizing the the Youth ICWA Training. Finally, thank you to the 9 amazing youth whose honesty, passion, creativity, and intelligence made the Youth ICWA Training so amazing.  Thank you all!

The Youth ICWA Training developed for the American Indian Foster Youth Academy is now available online. It is free to use or adapt for your own purposes.   All the materials and instruction you need to host the training yourself is available on the Youth ICWA Training website.

The Indian Child Welfare Act piece was adapted for youth from Tribal STAR‘s ICWA training for Social Workers.  The Communication skills training was adapted for youth from Indian Dispute Resolution Services’ Cross-Cultural Communication training.  Indian Dispute Resolution Services and Tribal STAR will be grateful if you give them credit and site their materials in your trainings.  If you have questions about the specific information provided in these pieces, or would like to organize trainings for your friends, staff, or organization please contact Tribal STAR and Indian Dispute Resolution Services.  If you have questions about the Youth Training, or would like to have the Training hosted, you may contact IDRS or me directly, Heather Zenone.

Click to find more information on the research IDRS performed related to the health services for Transition-age American Indian foster youth.

Click to learn about potential policy change options for Tribes, Counties/California, and the Federal government.

Click to learn what foster care policy changes Native Youth would like to see.

Indian Foster Youth Academy (California)

Attention Indian Foster Youth

Do you think change is needed for American Indians in foster care?

Are you looking for marketable skills for your resume?

Are you ready to learn the skills needed to be a leader in your Tribe and/or community?

Are you between the ages of 16 & 24?

WE ARE LOOKING FOR YOU!

You are our focus for the Indian Foster Youth Academy this July 12-17, 2010. Up to 20 Indian foster youth, and former foster youth, will be competitively selected from across California for a FREE week of training in advocacy, cross-cultural communication, negotiation, and other vital skills. You will arrive as an Indian foster youth, but return to your community as an empowered young Tribal leader! Social change begins with YOU.

If you are interested in applying to this academy for Indian foster youth and Indian former foster youth please visit IDRS, Inc.

Be the change you wish to see in the world & apply today!

CLICK HERE TO APPLY

Application Deadline:

Applications will be reviewed as they are received. Applicants are encouraged to apply early as admission decisions will be made on a rolling basis until all slots are filled. The final day to submit an application is June 30, 2010.

What You Will Do and Learn:

• 3 Day Leadership Training: Cross-Cultural Communication, Presentation & Advocacy
• 1 Day Indian Foster Youth Policy Development Training
• Each participant will travel to two locations (State, County, Tribal) to advocate for their policy agenda between July 19 and August 31, 2010.

Eligibility Requirements:

• You reside in California on or before June 30, 2010.
• American Indian – enrolled, eligible for enrollment, affiliated with unrecognized tribe, or descendant.
• Foster or former foster youth.
  • Definition: You are or have been the subject of a state child custody proceeding including foster care, adoption, voluntary or involuntary termination of parental rights, or other situation where you could not be returned to your parents upon their demand. This includes proceedings in juvenile delinquency court and juvenile probation. Priority for admission in the Youth Academy will be given to those applicants who are or were in California systems.
• Between the ages of 16 and 24, on or prior to July 12, 2010. Proof of age required.
• Available to travel by appropriate and timely transportation on July 11, 2010 to Sacramento and available for return on July 18, 2010.
• Available and able to participate in all trainings for five days.
• Available and able to travel by appropriate and timely transportation between July 19, 2010 and August 31, 2010 to at least two sites in California to make presentations of your design to relevant policy-makers.

Applicants under the age of 18 on July 12, 2010 are required to submit parental/guardian consent, and all travel arrangements will be made through the parent/guardian/Indian custodian or other legally responsible care-giver.

Applicants under age 18 on July 12, 2010 and currently in foster care or probation must receive permission to travel and participate in trainings from their social worker/probation officer PRIOR to applying for the Youth Academy. Social Workers and Probation officers are required to contact the Academy Director, Heather Zenone, prior to application. All travel arrangements will be made through legally responsible care-givers with the input of social workers/probation officers.

For More Information Contact:

Heather Zenone

IDRS ICWA Program Director

916-482-5800 or heather@idrsinc.org

And be sure to visit the website and apply at www.idrsinc.org/youthacademy

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IDRS, Inc.
1325 Howe Ave, Suite 201
Sacramento, CA 95825

Our telephone:
916-482-5800

ICWA Application in Delinquency Jurisdictions

The Bureau of Indian Affairs’ 1979 guidelines for ICWA states that the Indian Child Welfare Act applies to status offenses.  “Status offenses” are offenses that would not be a crime if committed by an adult. Examples of a status offense are truancy or drinking under age.  Comments in the guidelines say, “…status offenses are usually premised on the conclusion that the present custodian of the child is not providing adequate care and supervision…. For that reason status offenses are treated the same as dependency proceedings and are covered by the Act… .” (Section B.3)

See the American Bar Association’s Fact Sheet on ICWA and Advocacy for Status Offenders.

In California, state law (Welf. & Inst. Code sec 224.3) requires tribal notice under ICWA in juvenile delinquency proceeding under sec. 601 (status offenses) and under sec. 602 which are prosecutions under general criminal law, i.e. for acts committed by a juvenile that would be a crime if committed by and adult.

There is recent California case law regarding applying Indian Child Welfare Act (ICWA) mandates in delinquency jurisdiction:

The 3rd Appellate District decided In re: R.R. (2009) that WIC sec. 224.3 applies in “dual” cases – that is where the offending youth is already in foster care.

Conversely, the 4th Appellate District determined In re W.B. Jr. (2010), that WIC sec. 224.3 can not be applied in the delinquency context, except for sec. 601 status offenses, because of federal preemption.  In essence, the 4th Appellate District court found that the greater protections afforded tribes and Indian youth by state law are preempted by the Indian Child Welfare Act.  The court reasons that state law is preempted because non-status-offenses are expressly excluded in the Indian Child Welfare Act.  On May 10, 2010 this case was accepted for review by the California Supreme Court.