Active Efforts in ICWA Cases During the Pandemic

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By Debra Avenmarg, CILS Eureka office Staff Attorney

Indian Child Welfare Act (ICWA) cases are being severely impacted by the COVID-19 pandemic:  courts are delaying time-sensitive hearings, tribal families visits are being disrupted or canceled altogether, and case plan services are being put on hold. This raises concerns of whether active efforts tribal families need in order to reunite with their children can still be provided during the pandemic. As an advocate for ICWA compliance, you may be asking yourself, should I hunker down for now and deal with all efforts and services issues once the pandemic is under control? NO! Do ANY services even exist in a time like this, let alone active efforts or reasonable services? YES! What can I do to make sure active efforts continue to be provided to tribal families?

Here are some ideas to get your cases back on track with active efforts!

  • Ensure That Your Tribal Families Have the Technology to Access to Their Children, Services, and Support Networks.
  • Ensure That Tribal Children and Parents Have Meaningful, Frequent Family Time.
  • Assess Whether Case Plans Need to be Updated and Tailored for Your Tribal Family’s Current Situation.
  • Evaluate if Alternative Placement is Available if Your Tribal Children Are in Congregate Care.
  • Act Now! Do Not Wait Until the Next Review to Address Active Efforts.
  • Links to Additional Resources for Providing Active Efforts and Reasonable Services

Click here to find out more about these topics and how you can help!

FY20 Tribal Victim Services Set-Aside Program

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Pre-Application Deadline April 30, 2020

CILS encourages tribes to take advantage of the Department of Justice’s solicitation to distribute over $100 million to tribes to support crime victim services. For the first time this year, the funding will be distributed via a formula to all eligible tribal governments.

This year’s solicitation has two mandatory deadlines: a pre-application deadline of Thursday, April 30, 2020, at 8 pm ET and a full application deadline of Monday, June 15, 2020. All tribes, including tribes who received funding through this program last year, are eligible to apply for this funding.

The funding can be used for a wide range of activities related to meeting the needs of crime victims in tribal communities, including but not limited to:

  • Needs assessment
  • Strategic planning
  • Program development and implementation

The solicitation can be found at FY 20 Tribal Victim Services Set-Aside Program.

Additional Resources: 

  • DOJ hosted a pre-application webinaron April 7, 2020, which was recorded and available at this link. DOJ hosted another webinar on April 13, 2020, but and the materials will be posted at this link.
  • A detailed list of allowable and unallowable expenses can be found in Appendix A of the RFP at this link.

Please contact Dorothy Alther, dalther@calindian.org, Virginia Davis, vdavis@ncai.org, or Chia Halpern Beetso, chia@tlpi.org, with any questions or for more information.

TRIBAL ALERT: Tribal Nation Grant Funds Available

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In case you have not heard the Tribal Nation Grant Fund (TNGF) has $17.3 million available in COVID-19 Emergency Grants. Eligible tribal applicants may apply for up to $245,000 to fund programs, procurement of supplies, and actions taken in response to guidance of public health officials to address the COVID-19 pandemic. Applications are due on April 30, 2020 at 11:59 p.m.

 

CILS can help with: 

1) Ensuring your tribe will be able to meet TNGF’s reporting requirements;

2) Assistance in preparing the authorizing Tribal Resolution that is needed for the application;

3)  Assisting the tribe in assessing what its COVID-19 related costs and needs are;

4) Providing guidance on what is and is not allowable expenditures under the Emergency Grant Funds; and

5) Preparing the budget needed for the application.
All CILS offices are currently accepting calls and providing legal assistance to tribes and individual Native Americans.

For assistance contact the CILS office closest to your tribal location at:

Escondido Office
(760) 746-8941
Bishop Office
(760) 873-3581
Eureka Office
(707) 443-8397
Sacramento Office
(916) 978-0960

Or go to our online intake: www.calindian.org.

For more information on the TNGF:

Go to  http://tngf.ca.gov/covid_grant.html for Grant Guidelines.

 

Stay safe and healthy.

TRIBAL ALERT: Domestic Violence During Covid-19

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California Indian Legal Services is very concerned about the potential for a significant increase in domestic violence when families are restricted to their homes. This is undoubtedly a stressful time for all. Many people have lost their jobs, which is causing severe financial distress. Children are having to adapt to a curtailment of their usual activities and a whole new type of learning via the internet, and people are living in fear of catching a dangerous virus and/or are dealing with having caught the virus. Living under these difficult conditions will significantly test people who have a propensity towards committing domestic violence.

The media has started to focus on how these social restrictions can impact the risk of domestic violence. Domestic violence victims may feel trapped in their current situation. Children are more likely to witness domestic violence in the home because they cannot leave to go about their daily activities such as school,etc. Domestic violence is often revealed by children when they  can confide in someone they trust, such as a school counselor. Children’s ability to report is significantly cut off.

Our domestic violence legal team is here to help.  We are currently working remotely, but we have continued to modify and develop ways in which we can best serve our clients. Our legal advocate and an attorney can help with safety planning in a trauma-informed, confidential, culturally sensitive way. The domestic violence legal team is in regular contact with community partner agencies, the district attorney’s office, and law enforcement, and they are well-informed on their current status. The legal team can work quickly with these community partners to get clients connected to any services they may need.

Please feel free to contact our Escondido office at (760) 746-8941 or https://www.calindian.org/help/ if you or someone you know need assistance.

Although the focus of this message is on domestic violence, we would like to remind you that we also serve victims of sexual assault, stalking, and sex trafficking.

CILS hopes that each of your tribal communities is safe and healthy. All CILS offices are operational and accepting clients. Tribes and their members may call their respective CILS office and our staff will return the call as soon as possible. All staff attorneys are working remotely and continuing to provide legal services to our existing and new clients.

STAY SAFE.

TRIBAL ALERT: DOI and Department of Treasury Consultation

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The U.S. Department of the Interior and the U.S. Department of the Treasury will be holding two Tribal Leader Consultations regarding the distribution of the $8 billion set aside for tribal governments and tribal entities under the recently passed CARES Act.

The Departments want to hear from tribal leaders on what allocation formula/methodology should be used in distributing the $8 billion and also how the funding should or can be used, directly or indirectly, in responding to COVID-19.

Call Information:
Thursday, April 2, 2020
Call in number: 888-950-5924
Participant code: 1682452
1:00pm EDT – 4:00pm EDT

Thursday, April 9, 2020
Call-in number: 888-950-5924
Participant code: 1682452
1:00pm EDT – 4:00pm EDT

Tribal leaders can also submit written comments to the Departments by emailing to consultation@bia.gov and tribal.consult@treasury.gov no later than April 13, 2020.

CILS hopes that each of your tribal communities is safe and healthy. All CILS offices are operational and accepting clients. Tribes and their members may call their respective CILS office and our staff will return the call as soon as possible. All staff attorneys are working remotely and continuing to provide legal services to our existing and new clients.
STAY SAFE.