Indian Child Welfare Act

It is essential to discuss ICWA early in the case. Early conversations about ICWA can help avoid delays and legal problems later. More importantly, these discussions help protect the rights of Native Americans and Tribes. If there is a question about Tribal membership or eligibility for membership, make sure efforts are being actively made to answer that question. Only the Tribe can determine whether children are members or eligible for membership. Discuss what steps have been taken to contact the Tribe or Tribes. The earlier the Tribe is informed about the case, the better. Recent Montana Supreme Court cases have made it clear that resolving ICWA issues is crucial.

You can explore culturally appropriate placement at PHCs to help avoid later issues. Sometimes, a child is placed in a non-relative or non-Native home for a long period and gets firmly attached to the foster family. This can lead to serious problems if termination of parental rights occurs a year or more down the road, and a discussion then ensues about moving the children to live with relatives or Tribal members. This process can be very hard on the children. It should be avoided by having an appropriate relative or other culturally appropriate placement early in the case. It is essential to have these conversations at the PHC.

Watch and Reflect

Take a moment to watch the following video about a woman named Rhonda who shares her heartfelt journey of how the Indian Child Welfare Act helped keep her family and culture intact through challenging times.

Paternity

If paternity is not legally established, it needs to be discussed at PHCs. Otherwise, it can become a complicated legal issue later in a case. At the very least, children should have the opportunity to know who their father is. A previously unknown father could even provide the children with a safe, stable home. If some paperwork needs to be taken care of, make sure someone takes responsibility for getting that done. If there are questions regarding paternity, all potential fathers' names and contact information should be discussed during the PHC. This information could help identify the father.

Related Cases

Any related cases should be discussed at the PHC. Some PHC participants may not be aware of related cases or may not understand their importance to the PHC and the DN case. Criminal matters or domestic relations orders often change the dynamics of a PHC. Cases involving siblings can be important, because the parents may already have had a DN case in which there are pending or previous treatment plans. The parents' progress with those treatment plans may significantly impact the planning for a new case.

Family Engagement Meetings

If a family engagement meeting has not been scheduled, you can encourage the child reunification specialist to schedule one within the next few weeks. These meetings provide the parties and other participants with opportunities to continue the discussions started during PHCs. They address similar subjects to PHCs and can continue throughout a case.

Children's Needs

It's important not to minimize the parents' viewpoint when deciding what services the children may need. While they may be struggling with their issues, parents are still the most likely source of information concerning the children. Parents can often help identify concerns not readily apparent to the other PHC participants. The sooner these issues can be addressed, the better.

School can be a big issue for children entering foster care. The children may already be struggling in school and/or have changed schools numerous times in their lives. One of the most crucial conversations during a PHC may be about services for children in school and seeking to stabilize school placements.

Children's special needs can mean more than a diagnosis. While the participants discuss any special needs the children may have, the conversation should not only focus on things that can be professionally diagnosed. Look for items that are special for a particular child. For example, a child may have a game, toy or piece of clothing that is particularly important to them. You can talk about how that item could be delivered to them. A child may have friends or relatives who are very close to them. You could talk about ensuring the relationship will continue during foster care. A child may participate in an activity that they are passionate about. You could talk about making sure that activity continues during foster care. These are the kinds of things that can provide a degree of normalcy to children while in foster care.

Placement

During the discussion regarding the children’s placement, it is essential to ascertain whether the parents can meet the foster care providers. If the parents meet the foster parents, often referred to as resource parents, and believe their children are safe, they can focus on the changes needed for their children to return home safely. Parents who can work well with foster care providers are more likely to understand what their children are going through in foster care. Ideally, the children will observe this positive relationship between parents and foster or resource parents and benefit from that relationship.

Find out about any relatives or close family friends who have strong bonds with the children. These individuals can be options for placement and/or visitation. At the time of removal, parents may be highly emotional or overwhelmed and unable to fully engage in the conversation. They may not have understood the important role these individuals can play in the process. Help parents recognize how valuable it can be to explore these types of placements. This conversation is often a vital part of PHCs.

During placement discussions, parents may ask about their children returning home. A conversation about placement with a parent or parents may be the primary topic of the PHC. When the subject of a return home is brought up, participants can discuss their thoughts on the subject and what they expect to happen so the children can return home safely. If the parties agree, a discussion could occur about how a return home would be accomplished. If there are tasks that need to be completed before the children return home, this conversation can lead nicely into productive discussions about services for the parents and conditions of return.

It sometimes makes sense to discuss an in-home safety plan during a PHC. CFSD has re-focused on its safety model (SAMS) in recent years. The parties may agree that safety measures could be put in place where the children could return home. For example, a relative might be able to move into the home as a safety service provider. The parents could move into the home of a relative. Safety planning can be an excellent area to explore during a PHC.

Family Time/Visitation

It is important to discuss options for increasing family time and reducing supervision. A workable visitation plan is one of the most critical pieces of a case plan. It can help preserve the children's identity and reduce the trauma of removal. Think outside the box of the "one-hour supervised visit." Consider real family time, not just "visitation." Does visitation really need to be supervised? If yes, why? Are there relatives or friends available who could supervise? Can family time occur in the community in a more family-like setting? Are there therapeutic or other options for increasing this time? Throwing out questions about increased and unsupervised family time to the group for discussions can be highly productive.

Services

Based on your experience, you have or will accumulate knowledge about services available in your community. It is okay to share that information. You could say, "Last week I heard about [a program] that deals with this specific issue. Would it be possible for the child reunification specialist to set up a referral to that program? Would that make sense?"

Service plans should be individualized. Each parent, and perhaps each child, may have different service needs. What have they already begun? What does the state want them to do, and what are the priorities? What do the parents think they need? Services can start long before the court orders treatment plans.

Discussions should occur regarding the strengths and weaknesses of the children and parents. How do these strengths and weaknesses impact the family's nature and its members' ability to function? Strengths may give the family opportunities not otherwise available. Weaknesses can be the key to determining the services needed. This individualized focus during PHCs can help the parties create treatment plans tailored to the family's needs.

There should also be discussions about any barriers to completing services. A perfect plan doesn't work if the parents do not have enough time or the ability to address the services requested. Barriers can be as simple as having access to transportation, mail, or a telephone. They can also be substantial, such as trying to fit in services around a busy work or family schedule. By beginning to address these potential barriers early, the parents are given a better chance of resolving the issues that brought the case before the Court.

Conditions of Return

For planning and transparency, "conditions of return" or “conditions for return” should be discussed with the parents present. However, we recommend that PHC facilitators avoid these terms to prevent confusion or concern for the parents, the child protection investigator and the child reunification specialist. Instead, discussions should focus on, "What needs to happen for the children to return home safely?" A PHC is an excellent opportunity for the parties and other participants to address these items so the parents clearly understand what they need to do and plan accordingly.