CINA CIP: ICWA eLearning Course
Welcome to CIP’s first eLearning course - The Indian Child Welfare Act: History, Law & Practice.
The purpose of this course is to provide an understanding of the historical context of the Indian Child Welfare Act (ICWA), the substantive provisions of ICWA, and strategies for ensuring compliance with the letter and spirit of ICWA. The curriculum was developed by an interdisciplinary team representing each discipline involved in ICWA cases. It is designed for judges, tribal representatives, attorneys, child protection workers, and child advocates.
The course is divided into ten sessions, beginning with the historical context session, which sets the stage for the passage of ICWA by discussing the impact of Western colonization on Alaska Native and American Indian people. Historical and policy considerations are weaved in throughout the remaining sessions.
Terminology and Language: “Indian Child”
The Indian Child Welfare Act uses the term “Indian Child,” which has a specific meaning in the statute, as discussed in Session 4 of this course. This term is used at times throughout this course because it is a term used in the law. However, it is important to think about the language we use in our work every day, and how the words we use affect others. Alaska Native people are distinct from American Indian people. The term “Native” may be received differently, depending on tone, context, and intent. Learners are asked to be mindful and respectful in the words used to describe diverse indigenous identities that are represented in the people of Alaska.
Learning Objectives
After completing the course, we hope you will be able to:
- Correlate historical issues and multi-generational oppression to Native families currently involved in the child protection system.
- Name the unique rights of the Tribe, parents, Indian custodian and Native children provided for in ICWA and describe how these rights reflect the importance of cultural practices and values of Native people.
- Explain why expert testimony is required to support a judicial finding that a Native child cannot safely be returned to the parents, and under what circumstances expertise in cultural issues is necessary.
- Describe the importance of ICWA’s “placement preferences” and develop strategies to ensure the placement preferences are followed.
- Explain the “active efforts” requirement, the difference between “active efforts” and “passive efforts,” and the impact of a judicial finding that active efforts have not been made.
- Name the permanency options for Native children and describe how each can be accomplished while maintaining children’s cultural and family connections.
Videos & Video Vignettes
Videos
Bringing Home Our Children The video establishes an important foundation and context for this training. It includes powerful messages from adults who were removed from their homes as children and perspectives of tribal and state judges from around the country. The video demonstrates why ICWA exists and why compliance with ICWA is so critical.
Indian Child Welfare Act - Educational Resource
Video Vignettes
Seven video vignettes with perspectives and stories from Alaska Native people about the impact of western colonization were created to enhance the CINA ICWA Curriculum, and are included in the historical session of this eLearning course. The video vignettes were the brainchild of the late Diane Payne, longtime member of the Alaska Court Improvement Program and advocate for children, families, and Tribes in Alaska.
Resources
The list of ICWA training resources includes links to legal research materials, Tribal information websites, BIA Reference Guides, timelines of important dates in Alaska Native history, the Alaska Video Vignettes, and a bibliography of books and articles for further reading.
Feedback
After you have finished your work on the course, please take a few moments to give us feedback on your learning experience.
ICWA eLearning Course Feedback Survey
CLE Credits
The ICWA eLearning Course has been approved by the Alaska Bar Association for 6.25 general credits and 2.5 ethics credits. A breakdown by session is as follows:
Session | Title | Credits | Category |
---|---|---|---|
Session 2 | Historical Context | 1.25 | Ethics |
Session 3 | Legislative History, Interpretation | 0.5 | General |
Session 4 | Foundations for ICWA cases | 1.0 | General |
Session 5 | Legal Parties and their Rights | 1.0 | Ethics |
Tribal Court Jurisdiction | 0.25 | General | |
Session 6 | Removal Findings/QEWs | 0.75 | General |
Session 7 | Placement Preferences | 1.0 | General |
Session 8 | Active Efforts | 1.25 | General |
Session 9 | Permanency | 1.5 | General |
Session 10 | ICWA into the Future | 0.25 | Ethics |
You may use this Certificate of Attendance for your records.