Presentation Transcript

1. Wakanyeja Na Tiwahe Ta Woope:The Oglala Sioux Tribe Child and Family Code

   Lakota OyateWakanyejaOwicakiyapi Worker Certification Training– Module One: Child Welfare Law Facilitator: Erin Geary, University of Minnesota Duluth
2. Introduction In this training it wont be possible to provide an in depth knowledge of the OST Child and Family Code, but the hope is that we can… Discuss the significance of the OST Child and Family Code Provide an overview of the contents of the Code Practice using the code as a reference tool
3. The OST Child and Family Code Adopted in May, 2007 “…enacted as a matter of deliberate choice in an effort to reconstruct and reorganize our institutions in the furtherance of our distinctive identity, culture, and values.” Draws on both traditional and western law to create a comprehensive legal framework for protecting OST children and preserving Oglala Lakota culture
4. The OST Child and Family Code The Purposes of the Code include: Providing for the welfare and well-being of OST children and families Preserving the protecting the tiwahe and tiospaye Providing a clear framework for the exercise of sovereignty in child welfare matters Preserving and strengthening tribal customs and practices Three Parts: Part A– General and Dependency Provisions Part B– Foster Care Provisions Part C– Agency Compliance Provisions
5. Part A: General and Dependency Provisions Traditional and Legal Definitions Children and Family Rights Tribal Court Abuse and Neglect Reporting Orders for Protection Children in need of Care
6. Part B: Foster Care Provisions LOWO Foster Care Foster Care Licensing Placement in Foster Care
7. Part C: Agency Compliance Provisions LOWO Other Collaborating Organizations
8. Key Elements of the Code: Mandated Reporting Who is a reporter? Social Workers School employees Health Care Providers Day care providers Psychologists and counselors Law enforcement Judges and courtroom employees What has to be reported? Child Abuse Child Neglect Domestic Violence/Assault
9. Key Elements of the Code: Definitions Child Abuse: A) Any case in which: 1)A child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fractures of any bone, subdural hematoma, soft tissue swelling; AND 2)Such condition is not justifiably explained or may not be the product of an accidental occurrence; OR B) Any case in which a child is subjected to sexual abuse, sexually explicit conduct or sexual exploitation; C)A child has suffered mental injury, as a result of the conduct of a parent, guardian or custodian; OR D)When used referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances, exhibited to a sever degree.
10. Key Elements of the Code: Definitions Child Neglect: Negligent treatment or maltreatment of a child by a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby. For the purposes of the Code child neglect means: A) Physical neglect of a child B) Educational neglect of a child C)Emotional neglect of a child D)Child neglect by definition
11. Key Elements of the Code: Definitions Extended Family Member: An adult relative of a child who has not been deemed by a court to be a danger to the child including… Paternal and maternal grandfather and grandmother Siblings of the grandparents Father and mother Paternal and maternal uncle and aunt Brother and sister Spouses of any of the above Any adult legally adopted by any of the above Any adult member of the child’s tiospaye, or other adult person adopted by the child’s tiospaye as a relative through a formal ceremony
12. Key Elements of the Code: Foster Care Licensing requirements related to… age residency Ability to care for the child in the present and future Mental and physical health Background check References Application Home study Placement Case Plan Foster Care Agreement Other Provisions
13. The OST Child and Family Code and The Indian Child Welfare Act The child and family court may apply the policies of the ICWA where they do not conflict with the code. Procedures of state courts in the ICWA shall not be binding upon the child and family court unless specified in the code.
14. The OST Child and Family Code and the Adoption and Safe Families Act Reasonable Efforts Termination of Parental Rights Timelines Impact of Title IV-B and Title IV-E
15. Using the Code as a Tool: Exercise Small Group Exercise 2-3 people per group Take 15 minutes to use the code as a reference to answer “quiz” questions