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The goal of the
act was to strengthen and preserve Native American families
and culture. The ICWA requires that placement cases
involving Native American children be heard in tribal
courts, if possible, and permits a child's tribe to be
involved in state court proceedings. The Act requires
testimony from expert witnesses who are familiar with Native
American culture before a child can be removed from his/her
home. If a child is removed, either for foster care or
adoption, the law requires that Native American children be
placed with extended family members, other tribal members,
or other Native American families.
The Nevada
Revised Statutes embodies the provisions of the Federal
Indian Child Welfare Act in several subsections of the State
law and promotes collaboration with tribes on the ICWA. DCFS
coordinates and consults with four main tribal entities:
Northern Paiute, Southern Paiute, Washoe Tribe of Nevada and
California, and Shoshone. There are a total of 26 federally
recognized tribal entities in Nevada that include bands,
colonies and reservations and two urban Indian
organizations, the Las Vegas Indian Center and Nevada Urban
Indians, Inc. These tribal entities work together with DCFS
and counties through the Indian Child Welfare Steering
Committee that was developed to ensure compliance with the
Indian Child Welfare Act.
The
committee’s membership consists of representatives from the
Nevada Indian Child Welfare Association, Inter-tribal
Council of Nevada, 26 Nevada Tribal Social Service agencies,
Bureau of Indian Affairs – Western and Eastern Regional
Offices, Nevada Urban Indians, Inc., Las Vegas Indian
Center, Nevada Indian Commission, DCFS, University of Nevada
Training Partnership, Clark County Department of Family
Services, Washoe County Department of Social Services and
community-based service agencies, such as Stepping Stones
Tribal Emergency Shelter.
The Steering
Committee has been collaborating to improve the provision of
child welfare services and protections under section
422(b)(10) of the Act to Native American children under both
State and Tribal jurisdiction. DCFS developed a
“Jurisdictional Table” to assist with determining the
application of the Indian Child Welfare Act. In addition,
the Nevada Children’s Justice Act Task Force has published
the “Indian Child Welfare Resource Guide for Nevada” that
was jointly developed by the members of the Indian Child
Welfare Steering Committee.
Tribal
entities participate on the Child Welfare State Plan
Steering Committee, statewide planning activities and
training with a mutual goal to improve services for all
children in Nevada. DCFS continues to collaborate with the
Nevada Tribes and tribal entities on improving the child
welfare system for Native American children. |
