Dare to Dream Presented By: The Honorable Allie Greenleaf Maldonado Little Traverse Bay Bands of Odawa Indians Chief Judge With special thanks to Judge.

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Presentation transcript:

Dare to Dream Presented By: The Honorable Allie Greenleaf Maldonado Little Traverse Bay Bands of Odawa Indians Chief Judge With special thanks to Judge William Thorne

Presentation Goals I want to show you that the foster care system in this country is a failure. I also want to persuade you that the Indian Child Welfare Act represents the way the system should work. I want to challenge you to reimagine the future of child welfare law for all children.

Indian Child Welfare Act of 1978

ICWA attempts to fix what official government policy broke by promoting the following goals: 1.Protect the best interests of Indian children and families as determined by tribes. 2.Promote the stability and security of Indian families. 3.Recognize and strengthen the role of tribal governments in determining child custody issues.

ICWA establishes minimum Federal standards for the removal of Indian children from their families, and the placement of Indian children in foster or adoptive homes or institutions that reflect the values of Indian culture and communities. Minimum Federal Standards

Why ICWA is the GOLD STANDARD 402,378 youth were in foster care in the United States as of September 2013.

Is This Stability?

Is This The Path To College?

Is This Safety?

Are They Better Off?

Better Safe Than Sorry…. ‘Stranger’ foster care is harmful Foster care is not a neutral In deciding if foster care is needed, we need to balance the harm & risks If foster care is needed, we need to minimize the harm Courtesy of Judge Thorne

What would you want for someone you loved? Active efforts Notice to the child’s tribe QEW requirements Clear and convincing evidence standard

What would you want for someone you loved? Placement preferences Tribe’s right to change the placement preferences Evidence beyond a reasonable doubt, including testimony from at least one qualified expert witness, that continued custody with the parent is likely to result in serious emotional or physical damage to the child

If there were ever a time to dare, to make a difference, to embark on something worth doing, it is now. Author Unknown, from Dream Big

Thank you for all you do!

If you have any questions please feel free to contact me. I can be reached by at: Chi Miigwech!! For additional information refer to “A Practical Guide To The Indian Child Welfare Act” Published by the Native American Rights Fund or visit their site at