Local Indian Child Welfare Advisory Committee (LICWAC)

www.dcyf.wa.gov

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What is LICWAC?

• An acronym for Local Indian Child Welfare Advisory Committee.
• A body of volunteers representing local tribes, Indian Organizations or members at large, formed to
• Provide advice on case planning services for Indian children when the tribe is not involved or is unavailable.
• Ensure DCYF policies and laws governing Indian child welfare are being followed.

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History of LICWAC

• Local Indian Child Welfare Advisory Committees (LICWACs) have been active in WA State since the early 1970’s and predate the Indian Child Welfare Act.
• Instituted to address the issue of separation of Indian children from their families and communities.
• Derived from tribes and off reservation groups who asked for state policy reform.
• LICWACs exist statewide, the number of committees vary in each region.

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Historical Timeline WA State

• Early 1970’s – LICWACs are formed
• 1972 Office of Indian Affairs is established, now known as Office of Indian Policy
• 1976 LICWAC becomes a codified regulation (WAC)
• 1978 Indian Child Welfare is enacted
• 1987 State/Tribe Agreement is signed
• 1987 DSHS Administrative Policy 7.01 is implemented, 2018 DCYF Administrative Policy 10.03
• 1989 Centennial Accord is signed
• 1990 ICW Manual is developed, (revised in 2000 & 2016)
• 2011 Washington State Indian Child Welfare Act

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Washington State ICWA 2011 � Legislative Intent

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• Protect the essential tribal relations and best interests of Indian children.
• When placement is necessary for the child’s safety, WA State is committed to a placement that reflects and honors the unique values of the child’s tribal culture.

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Chapter 13.38 RCW Indian Child Welfare Act

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Definition of Indian Child

• “Indian child” means any unmarried person who is under age 18 and is either a) a member of an Indian tribe of b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. 25 U.S.C. § 1903(4)

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• “Indian child” means an unmarried and unemanicipated Indian person who is under eighteen years of age and is either: a) A member of an Indian tribe; or b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. RCW 13.38.040 (7)

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Foster Care or Pre-adoptive � Placement Preferences

• A member of the Indian child's extended family;
• A foster home licensed, approved, or specified by the Indian child's tribe; or
• An Indian foster home licensed or approved by an authorized non-Indian licensing authority;
• An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

25 U.S.C. § 1915 (b) (i-iv)

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Placement Preferences continued

• A child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.
• A non-Indian foster care agency approved by the child’s tribe.
• A non-Indian family that is committed to:
• Promoting and allowing appropriate extended family visitation
• Establishing, maintaining, and strengthening the child’s relationship with his or her tribe or tribes; and
• Participating in the cultural and ceremonial events of the child’s tribe

RCW 13.38.180 (d)(e)(f)(i-iii)

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Adoptive Placement Preferences

• A member of the child's extended family;
• Other members of the Indian child's tribe; or
• In any adoptive placement of an Indian child under State law, a preference shall be given, in the absence of good cause to the contrary, to a placement with other Indian families.

25 U.S.C. § 1915 (a)

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LICWAC Functions

• Reviews cases of Indian children receiving services from DCYF.
• Acts as multi-disciplinary team in the development of culturally relevant case plans.
• Acts as an Administrative Review team.
• Acts as a Child Protection Team (CPT) staffing.
• Permanency Planning staffing.

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LICWAC Role

• Ensure the inquiry process is thorough and complete.
• Ensure placement preferences have been followed.
• Ensure tribal/relative and cultural connections are maintained.
• Assist with identifying cultural resources/activities.
• Advocate for the best interest of the Indian children.

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When should cases be staffed at� LICWAC?

• Any CFWS case when the tribe is not involved.
• When the tribe has requested LICWAC to staff the case.
• Cases should be staffed within 60 days of original placement date, or scheduled within 60 days if a staffing cannot be arranged.
• Every 6 months thereafter unless required to be staffed sooner by LICWAC.
• Monthly reviews when an Indian child is in a non-Indian placement or a timeframe designated by LICWAC.

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Impasse Process

• Impasse means a deadlock between DCYF and LICWAC following a staffing where LICWAC does not concur with the Department’s plan and decisions, or the Caseworker does not agree with the recommendations of LICWAC.

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LICWAC Membership

• Members must be designated to serve on LICWAC by a Tribal government or Urban Indian Organization.
• Must be responsible community members who have a genuine interest in the welfare of Indian children.
• Must not be a DCYF employee.
• Must not be serving as a Guardian Ad Litem (GAL), or Court Appointed Special Advocates (CASA).
• Must be registered volunteers with DCYF and complete a background clearance.
• Have no convictions relating to DV or offenses against children.

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Who May Request A LICWAC � Staffing?

• The child’s Tribe
• Off reservation Indian Organization
• Members of LICWAC
• LICWAC Liaison
• Caseworker or Supervisor
• Parent
• Child
• Relative
• Foster parent
• Others involved with the child may request a staffing

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Staffing Attendance

LICWAC determines who may participate:

• The assigned Caseworker must be in attendance as the primary presenter.
• Caseworker’s supervisor.
• Parents, Guardians, or Indian custodians
• Child or children being staffed-12 years or older
• Foster Parents, relatives or support persons upon agreement by the Caseworker and LICWAC
• Tribal representatives
• Attorneys, upon agreement by the Caseworker and LICWAC chairperson; and
• Guardian Ad Litem/CASAs
• Other persons necessary for additional information

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Conflict of Interest

Any LICWAC member who is:

• Expressly familiar, related to or involved in another capacity with the parties being reviewed must state the role/relationship prior to the review.
• Such a member may give input but must leave the room while the LICWAC deliberates. This includes a member who:
• Works with the individual from the tribe/agency they represent
• Is in an advocacy role with one or more of the individuals of the family.

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Staffing Protocol

The Caseworker must have the following materials available at the time of the staffing:

• The most current Court Report
• The child’s Family Ancestry Chart
• The Shared Planning form
• Any previous LICWAC recommendations
• The child’s case file

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Resources

• DCYF Indian Child Welfare Policy and Procedures

https://www.dcyf.wa.gov/indian-child-welfare-policies-and-procedures

• Governor’s Office of Indian Affairs

http://www.goia.wa.gov/

• US Department of the Interior – Bureau of Indian Affairs

http://www.bia.gov/

• DCYF Office of Tribal Relations

https://www.dcyf.wa.gov/tribal-relations

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Thank you!

Tleena Ives, Director of Tribal Relations Office of Tribal Relations�Department of Children, Youth & Family Services (C)360.999.0077 / Tleena.ives@dcyf.wa.gov�

Mike Yates, ICW Coordinator

Cowlitz Indian Tribe

(C)360.355.2835 / myates.health@cowlitz.org

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