MODULE V LEADERSHIP ROLE OF THE JUDGE AND ICWA: ON AND OFF THE BENCH IN MEANINGFUL ENGAGEMENT AND COLLABORATION MODEL ICWA JUDICIAL CURRICULUM

Learning Objectives  To review the unique role of the juvenile or dependency court judge  To understand why judicial leadership is necessary to ensure better outcomes for Indian children and their families who become involved in the juvenile court system;  To provide specific ways the judicial leadership role applies to improving outcomes for Indian children and their families.  To help identify ways to exercise on-the-bench and off-the- bench role in improving compliance with ICWA  To begin to develop an action plan for leadership on-the- bench and off-the bench in engagement and collaboration

The Role of the Juvenile Court Judge Is not just to decide cases … The juvenile dependency court judge must do much more  The Juvenile Dependency Court is the original problem-solving court. The role of the dependency court judge involves leadership functions.  The judge must connect with system stakeholders, partners and the community to address the needs of the children and families before the court.

The Role of Juvenile Court Judge  Includes many non-traditional functions  Judicial, administrative, collaborative and advocacy components  Decisions set standards w/in community and systems connected to the court  Ensure systems work efficiently and fairly  Judicial leadership both on and off-the-bench

The Leadership Role of the Juvenile Court Judge  Leadership is exercised on the bench through strong judicial oversight of cases  the juvenile dependency court judge is the gatekeeper  the jurist of law and fact  the administrator of due process  the applier of therapeutic and restorative justice  and an inquiring magistrate of well-being, safety and plan for children in care  Leadership is exercised off-the-bench through convening collaborative groups, supporting and encouraging education on best practices, and promoting innovation designed at improving outcomes for children and families

Responsibilities of the Juvenile Court Judge  Permanent Plan for the child  Monitor services provided  Set standards which the dependency court system will be governed  Provide leadership to community and ALL participants in the dependency court system

Judicial Leadership On- and Off-the-Bench DISCUSSION

You Can Make a Difference  Judges can exercise their leadership role  On-the-Bench Strong judicial oversight, clear expectations, hold parties accountable  Off-the-Bench In collaboration with system partners work to promote positive outcomes for Indian children and their families Communicate importance of issue and vision for improvement Design of court-run interventions focused on improving practice Support of multi-disciplinary trainings

Judicial Oversight – the Big Picture  To ensure that every child that should be in care is in care, but not a single child more  To ensure that every child that is in care is in a safe, nurturing placement that is supportive of the permanency plan

When a Judge Conveys Support for ICWA this can …  Improve child welfare practice  Reduce the number of ICWA-related appeals  Reduce ICWA-related court costs  Strengthen relationships between states, counties, and tribes to improve collaboration. ICWA is best practice for family reunification. ICWA is best practice for placement From: Judges’ Journal (2013), Casey Family Programs and Tribal Star.

Meaningful & Ongoing Collaboration ICWA COMPLIANCE Training & Education Effective Court Practice Action Planning for Change ICWA Compliance Steps to Improved Compliance

Step One: Develop Relationships Meaningful relationship building requires:  Respectful communication  Mutual learning  Building trust through ongoing collaboration

Tips for Following Protocol & Developing Relationships  Protocol: Merriam-Webster defines protocol as: a code prescribing strict adherence to correct etiquette and precedence.  Protocol requires:  behavior that demonstrates humility, respect, the awareness that all things are connected, and that our individual and group behaviors can help and hurt current efforts to solve community problems.  Creativity, patience, preparation, & respect

Continuous Quality Improvement as Strategy for Engagement

QUESTIONS TO ASK: Using CQI, teams ask themselves - 1.What is the need and how was it identified? 2.What do you propose to do about it? 3.What change(s) do you hope to achieve? 4.What will you look at to see if change is occurring? How will you determine if you are achieving the intended impact/result? 5.How will you use that data to create a feedback loop for ongoing improvement?

Step Two: Build Understanding through Training Judicial Role:  Assess the training needs of other judges and stakeholders  Involve tribal voices in training, including local and state agencies, tribal colleagues, directors of urban Indian organizations, and national partners  Work with partners, including the state CIP to establish a series of multidisciplinary trainings that include key components, beyond just elements of the law  Commit to ongoing training

Step Three: Assess Current Practice  Utilize the ICWA Discussion Guide to engage in open discussion with stakeholders of successes, challenges, and resources  Review policies or practice documents developed by the court and other partners  Examine or collect baseline data  Determine what the desired end result would look like to both the tribe and the state court jurisdiction when ICWA is followed in its entirety (such as shifts in organizational culture and practice) and begin to strategize how to achieve the desired result.

Step Four: Action Planning for Change M EANINGFUL & O NGOING C OLLABORATION Strategies What are the identified steps to improve current capacity or court performance related to this goal? Responsibility Who will lead this activity and who else will need to be involved? Outputs What will be the result of this activity? Data Are data currently available, if not, what is the plan to collect and analyze data? Due Date One of the great lessons I’ve learned as a judicial leader is how important it is to follow-up and follow through on initiatives. I was shocked when confronted with the history of how our Indian families and communities were cruelly and systematically broken down by our government. I have come to understand that, because this is part of our history as Americans, it compels a responsibility for all of us to address, not just those who live in areas with a large Native population. Faced with these harsh realities and a sense of responsibility, it is easy to be inspired to want to make a change. All your best intentions, however, are only as good as your willingness to continue to stand behind them. To really make a difference, you must continue to revisit your initiatives and find ways to implement your intentions into a new way of business. –Judge Darlene Byrne, Austin, Texas Model Court One of the great lessons I’ve learned as a judicial leader is how important it is to follow-up and follow through on initiatives. I was shocked when confronted with the history of how our Indian families and communities were cruelly and systematically broken down by our government. I have come to understand that, because this is part of our history as Americans, it compels a responsibility for all of us to address, not just those who live in areas with a large Native population. Faced with these harsh realities and a sense of responsibility, it is easy to be inspired to want to make a change. All your best intentions, however, are only as good as your willingness to continue to stand behind them. To really make a difference, you must continue to revisit your initiatives and find ways to implement your intentions into a new way of business. –Judge Darlene Byrne, Austin, Texas Model Court

In Conclusion … Remember  Relationship-Building should be done with humility and openness  Ongoing training is essential  Assess your own practices and policies  Demonstrates willingness to make change  Action plan to help coordinate efforts to improve compliance