California Indian Legal Services is raising funds to update its California Judge’s Benchguide on the Indian Child Welfare Act (ICWA), which has not been updated since 2000.
Why is the ICWA Benchguide important?
The ICWA Benchguide is the only resource dealing exclusively with the application of the ICWA in California. It is used extensively by judges, attorneys, social workers and tribal representatives. It is also readily available for viewing and printing -- free of charge -- on the CILS website so parents and other persons involved in ICWA proceedings have ready access to the information contained in it.
Why does the ICWA Benchguide need to be updated?
Although the ICWA has not been amended since 2000, there are a number of ICWA-related developments that need to be incorporated in the Benchguide, such as:
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There has been an explosion in the number of appellate cases since 2000. In twenty-two years, from the time ICWA was enacted in 1978 through 2000, the Court of Appeal published 27 cases dealing with the ICWA. In just four years since 2000 there have been 35 published cases (and over 200 unpublished cases)!
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Important provisions designed to promote the interests of Indian families and tribes have been added to the Welfare and Institutions Code and Family Code since 2000 (i.e., SB 739, SB 947, SB 984, and SB 1956).
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Rule 1439 of the Rules of Court, which implements the ICWA in juvenile courts and is included in the Benchguide, was amended in 2001 and again as of January 1, 2005.
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The Judicial Council issued three new mandatory court forms to be used in juvenile and adoption proceedings involving Indian children, and amended one other, effective January 1, 2005.
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The Benchguide contains All County Information Notices regarding the ICWA issued by the California Department of Social Services. Several more have been issued since 2000.
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What is the fundraising goal?
Our goal is to raise at least $100,000 to cover the cost of research, writing and printing the new edition, as well as conducting trainings of judges, attorneys, social workers and tribal representatives across the state. If we exceed our goal, we will use the extra funds to carry out ongoing trainings. With the turnover in state, county and tribal agencies, the need for education is a continuing one. How much has CILS raised to date? Our fundraising efforts are ongoing. To date we have received $24,950 in donations from 15 California tribes, including a very generous $10,000 donation from Agua Caliente. We have not received funds from other sources but continue to explore grant opportunities.
CILS gratefully acknowledges the following donors for their support and
commitment to protecting the rights and interests of Indian children, families, and tribes.
Agua Caliente Band of Cahuilla Indians
Barona Band of Mission Indians
Buena Vista Rancheria
Cedarville Rancheria
Colusa Indian Community
Dry Creek Rancheria
North Fork Rancheria
Pala Band of Mission Indians
Pauma Band of Mission Indians
Pechanga Band of Luiseno Indians
Resighini Rancheria
San Pasqual Band of Mission Indians
Santa Ynez Band of Mission Indians
Santa Ysabel Band of Indians
Torres-Martinez Desert Cahuilla Indians
Tuolumne Me-Wuk Tribe
Twenty-Nine Palms Band
Viejas Band of Kumeyaay Indians
Dale Weaver
How do I submit a donation?
Please send your donation to:
California Indian Legal Services
510 16th Street, Fourth Floor
Oakland, CA, 94612
Attn: ICWA Benchguide Update
Is our donation tax deductible?
Yes, all donations to California Indian Legal Services are tax deductible.
Project Timeline
Twelve month provisional timeline (contingent upon successful fundraising efforts).
Project Budget
| Research and Drafting
560 hours (16 weeks). Review of revised Benchguide by tribal officials, the Bar, the bench, and others – 150 hours. Revisions, citation and law checking, final editing – 50 hours. |
$76,000 |
| Publication
Formatting for printing and website publication (Consultant costs for technology, graphic design, and press formatting) |
$10,000 |
Printing and Distribution
Minimum of 1,000 copies distributed by the end of the project. Copies will be distributed to Juvenile Court Judges, Probate Court Judges, Family Law Judges, Tribal ICWA workers, Public Defenders, and County Counsel.
Cost per copy is estimated at a minimum of $35/copy – including printing with basic spiral binding and mailing costs. After distribution of first 1,000 copies, Benchguide will be provided at cost; if additional funds are raised, more copies will provided free of charge. |
$35,000 |
Outreach and Training
Development of training curriculum and Power Point presentation. Coordinate and conduct ten training sessions. Average 12 hours preparation time per training event. 160 hours total for Program Fellows, Law Clerks, or other administrative staff. Travel costs: $4000 (2 staff x 10 events). |
$18,000 |
Total Budget |
$139,000 |
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