Policy Analysis (1)

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1 Indigenous Child Welfare Policy Adriene S Hall SWG531 Professor Diana Jiménez-Young 12/04/2023

2 Indigenous Child Welfare Policy Introduction An unfortunate heritage of past persecution and entrenched discrimination, which persistently plagues Native nations, is personified by the American Indian Child Welfare System. Therefore, it is important to understand the history of federal policy regulation on Native American children. This essay takes a critical look at several issues faced by native people and how they have changed over time, analyzing involved factors, cultural values, and ethical matters, its effects on certain groups of the population, and justice implications; it offers several recommendations with new policy proposals as well as their implementation strategies. This article will conclude with informed suggestions targeting policymakers in a bid to make relevant changes to this sensitive topic. Description of the Problem There are many complicated issues involved in the American Indian Child Welfare System, which need to be resolved now! The excessive removal of Aboriginal children from their families further traumatizes an environment that is already affected by intergenerational experiences. The separation does not just separate the families but cuts them completely out of the cultural connection. Children in the houses, have nothing to do with their roots, thus depriving them of any sort of traditional knowledge they had back home and where they originally come from (McTavish et al., 2022). These challenges go back to historical trauma experienced by the native people. These are the colonization scars, forced assimilations, and haunting boards’ schools’ legacies that continue impacting family structures as well the overall communal harmony. The traumatic instances that the Indigenous people experience continue to

3 shape the lived realities of these individuals, hence shaping their perception of family, community, and identity. Federal policies, which supposedly protect children from harmful influences, tend to affect tribal laws and hinder tribal efforts for cultural survival. Despite being put in place to ensure protection, these policies have exacerbated discriminatory practices that are prevalent in the child welfare system (McTavish et al., 2022). However, this has created an intricate knot of challenges that require revisiting the policy direction adopted. The complex nature of this matter requires a wide-ranging policy overhaul across the American Indian Child Welfare System. However, it requires an approach that focuses on empowering indigenous communities and their tribal autonomy together with cultural conservation. It is essential to support initiatives that focus on protecting Native American children within their communities but still offering culturally appropriate medical care to restore a balance of justice and finally heal the old open wounds. The involvement of the federal agencies together with tribal nations goes a long way in coming up with a solution where the welfare of the Native children takes center stage with an acknowledgment of the importance of the cultural backdrop and the sense of belonging. Analysis of the Policy's Development The tribal resistance is an entity that has immense power on both legal and illegal matters governing the system of child protection. These advocacy movements led to the creation of the ICWA in 1978 and other policies, including the adoption of foster care practices (Schiele, 2011). The most significant aspect of this landmark legislation is that it emphasizes keeping the native children in their tribes by prioritizing culture preservation and traditional bonds. However, their impact meets difficulties coming from contradictions of the state and federal legislation which turns into the labyrinth of difficulties in applying these protection measures

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4 consistently. Moreover, inconsistent implementation of these regulations makes them a hit-and- miss, with their efficiency being dependent on the specific interpretation. In addition, the underfunding of many of these programs constitutes a major impediment to achieving its shielding objectives. The ICWA and other legislations have contributed significantly towards mitigating the crisis in the guardianship of Indigenous children. However, clashes between different legal jurisdictions render these efforts fruitless as they do not help preserve native children’s culture and tradition (Schiele, 2011). The outcome is a continuous struggle with these protective regulations that are supposed to be enacted to protect the safety of Indigenous youths against harm. This overarching narrative is about a paradox in which these honorable efforts, designed to reinforce the authenticity of the Indigenous communities, face multiple obstacles that make it impossible to realize them in practice. In addition, the inadequacy of resources and lack of consistent enforcement highlights the urgency of implementing an integrated strategy, which should focus on safeguarding Indigenous culture and ancestral connectedness amidst the intricacy of federal versus state regulation. The footprints the native resistance groups made in the policy arena in the sphere of kid care were unarguably huge. However, it should be noted that if those barriers are not removed, they will significantly limit their effectiveness. Stakeholders and Interests Child welfare is a complex landscape that is comprised of tribal communities, government agencies, and various child welfare organizations that are key stakeholders who have significant roles in creating successful paths for children. These are the tribes that stand in defense of cultural revitalization and community advancement in child care. In essence, they remain at a point where their culture and tradition matter most when making key developmental

5 choices (Adonteng-Kissi, 2022). They embody the foundation of culture recognition, self-rule, and childcare systems’ transformation. However, government agencies are the guardians of child safety and security, but their policies and practices fail because they lack subtle cultural knowledge. Sincere efforts designed towards promoting a secure environment may unintentionally disregard these unique cultural norms. Underlying tribal society, which consequentially might result in disputes in a consensus process of decision-making. At the same time, child welfare agencies strive to ensure and sustain best practices for each child’s health and well-being while considering and appreciating their own unique culture in which they are raised (Adonteng-Kissi, 2022). These seek a balancing act in ensuring child protection as they honor the ethnic identity of these children. The mutual engagement among these key players is imperative to establishing comprehensive and appropriate plans that correspond with the complex societal dynamics of the concerned societies. The understanding between a tribal community and governments, along with child welfare organizations need to collaborate to create an inclusive and culturally sensitive approach to child welfare issues. In the end, such symbiotic cooperation results in the creation of policies and practices that not only ensure the safety and welfare of children but also incorporate the deep cultural heritage of tribal communities where each child grows with his/her roots. Social Values and Ethics Critical values form the basis of operations and decisions for the complex system of American child welfare policy. These include cultural sensitivity, children's rights, and community autonomy, among others (Kalil et al., 2022). These components weave together to create a very intricate fabric that has a profound influence on the lives of native children and their people at large. In this respect, cultural sensitivity remains a key element in this system. It

6 involves an in-depth acceptance and respect for the unique cultural beliefs, practices, and identities of the various Native American tribal groups. To be culturally responsive and sensitive, the well-being of any society requires recognizing and acknowledging these distinct Indigenous traits. Concurrently, children's rights crystallize as a pillar emphasizing protection and the promotion of child welfare and growth. Achieving this goal requires walking on delicate ground, ethically speaking. However, to guarantee the preservation of their innate rights, some provisions should be made for honoring and infusing culture into the social security system. Additionally, the concept of communal autonomy is central herein. Many Indigenous groups usually have unique forms of government, practices, and lifestyles. Giving their autonomy allows recognition of the power and knowledge embedded in those communities that enables them to meaningfully be involved in decision-making on their kids (Kalil et al., 2022). Federal regulation and Indigenous culture have posed an ethical question at the crossroads. This approach requires a balanced and sensitive perspective that considers culture as a fundamental element of well-being in custody cases involving Indigenous children. However, this must be done carefully taking into consideration cultural heritage importance, legal framework, and other aspects. This, therefore, leads the American Indian Child Welfare System to an ethical dilemma balancing the importance of cultural preservation, children's rights, and community authority. It is imperative that in every decision on matters related to Indigenous childhood welfare, to strive towards a balanced yet culturally responsive approach. Impact on Populations The most affected community in this regard is the Indigenous community, as well as those children trapped in the welfare system, primarily due to the many inherent weaknesses of the system (Milne & Wotherspoon, 2020). These cycles of severe detachment and continuous

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7 grief are further fuelled by the complexities around cultural assimilation, intergenerational trauma, and the ever-present problem of family splits that are still experienced through these communities. This struggle does not only involve a poor system but a recurring cycle that chokes up these minority communities. Indeed, there can never be enough emphasis on the importance of cultural assimilation. It demolishes traditions, eradicates identities, and fragments the core foundation of Native heritage; the destruction is complete, accompanied by a deep feeling of helplessness among Indians. The loss of this cultural connection is one reason for the current issues that plague Indigenous communities. These problems are aggravated by intergenerational trauma, which has its roots in historical trauma and injustices, leading to pain that is inherent from generation to generation. Additionally, the painful truth of family separation makes things even worse. Taking native children away from their families destroys important connections, dismantles familial units, and deprives such kids of the loving communities they require the most (Milne & Wotherspoon, 2020). Moreover, this does not just involve short-term emotional distress but creates lasting scars that reverberate throughout generations. This fight is made more difficult by the lack of culturally appropriate treatment programs and centers. In addition, there is a lack of support systems and resources that recognize and respect Indigeneity principles that limit the recovery period for Aboriginal people. However, without any culturally sensitive interventions, the way of healing and resilience path is long and difficult to achieve. A holistic approach is required to address these systemic weaknesses. A deep transformation in the welfare system, focusing on culture-sensitive and community-based approaches, is required. Offering all- encompassing assistance and focusing on the specific requirements, and traditions of Australian Aboriginal peoples will allow us to disrupt the loop of alienation and grief. However, only when

8 systemic failings are admitted and addressed can true steps to healing wounds of the past and developing a more resilient and empowered future for First Nation people and their children. Social, Economic, and Environmental Justice Structural injustice built into the child welfare system closely intertwines and exacerbates wider socioeconomic and ecological problems regarding justice, such as poverty and air pollution. The pillars of justice for Indigenous society include equal access to resources, equitable child welfare services delivery, and recognizing past wrongs (Kalil et al., 2022). Multilateral way tackles issues of marginalization and long-time repression that affects these communities for positive transformation. It becomes clear as one considers the larger macro context of family experiences with the child welfare system for Native American families as the socioeconomic environment in which the children are reared is taken into consideration. The economic differences, limited opportunities for quality education and healthcare, and the ongoing effects of colonialism, among others, are significant contributors to the Indigenous communities' challenges. These cumulative risks only add to family weaknesses and make these families more likely to be connected to the child welfare system. Furthermore, mistreatment and systemic marginalization experienced in history are reflected among Indigenous people from generation to generation, leading to cyclical trauma and difficulties. The remedy of these historical wrongs forms the basis for the healing and empowerment of these communities (Kalil et al., 2022). This process must embrace cultural distinctions, take into account legal jurisdictions within tribal borders, and ensure meaningful inclusion of indigenous people in policy development. Efforts to rectify systemic injustices in the child welfare system demand a holistic reevaluation of policies and practices. This involves reimagining service delivery mechanisms to ensure cultural sensitivity, providing adequate

9 support systems that address the unique needs of Indigenous families, and fostering collaborative partnerships between governmental bodies and tribal entities. Ultimately, achieving justice for Indigenous communities within the child welfare system necessitates a concerted commitment to systemic reform that prioritizes equity, inclusivity, and the restoration of autonomy and dignity for these marginalized populations. Alternative Policies and Solutions A significant and critical milestone marks this advancement in embracing an Indigenous- centered perspective in child welfare together with the development of community-based approaches (Baltagi & Yen, 2014). Such an emphasis is characterized by engaging in cultural sensitivities and collaboration with leaders of the Indian tribes, allowing the Indigenous community to design and implement their child welfare systems. In summary, at its core lies a transformative approach that acknowledges the importance of culturally sensitive interventions. These approaches inject a sense of relevancy by reflecting on the respective norms and rituals that shape the daily lives of Indigenous populations. The focus is on these kinds of interventions, which address imminent issues while promoting and sustaining Indigenousness as a culture. Another building block in this paradigm is a collaborative effort that involves tribal authorities (Baltagi & Yen, 2014). It is essential to include these leaders in decision-making because their wisdom and experience will inform policy formulation and practice. These shared efforts allow for a deeper appreciation of the complex issues surrounding as well as remedies to Indigenous child welfare. Furthermore, allowing the Indigenous communities to design and implement Indigenous child welfare should be a necessity. This autonomy not only leads to self- governance but also makes people feel like they own the solutions that are sustainable and appropriate. A significant increase in the effectiveness and relevancy of such programs arises by

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10 allowing communities to customize them to their wants and demands. The journey to an Indigenous-centred child welfare paradigm is, therefore, a recognition that conventional methods are not working. The policy is calling for a radical change that recognizes, appreciates, and gives power back to Indigenous societies so they can protect and raise their children according to their inner convictions and beliefs. This epitomizes an equity journey that takes into consideration the aspirations and hopes of the present generation and the next. Policy Recommendations When it comes to child welfare, policymakers should adhere to respecting tribal sovereignty to enable the empowerment of the indigenous population. This is highly important as it provides recognition to Indigenous nations about governance over the welfare of the children (Schiele, 2011). Therefore, policymakers should develop collaborative strategies for engaging Indigenous communities and ensuring that their voices are heard and their decision-making is respected. A crucial step towards this goal includes broad-based cultural competence training for the professionals in the child welfare fraternity. Such initiatives help to appreciate varied cultural perceptions, traditions as well and relevant histories. Providing child welfare professionals with appropriate skill sets and information promotes more efficient communication as well as enhances cultural sensitivity, reflecting Indigenous values and practices. The alignment breeds trust as well as respect for service providers and the indigenous community, which ultimately improves the overall effectiveness of child welfare efforts. It also involves calling for policies that enhance Indigenous speech and reforms consistent with their tradition. It entails developing sites where Indigenous leaders and community people can be allowed to engage themselves in the leadership process (Schiele, 2011). Policymakers enhance responsiveness by amplifying indigenous perspectives,

11 experiences, and policy recommendations. The call to lobby for reforms based on culture- specific values is consistent with the need for cultural diversification and the promotion of enduring Indigenous identity and tradition. Conclusion and Recommendations to Policymakers The American Indian child welfare system finds itself at a crossroads; it requires complete reforms that reflect the gravity of past unfairness and the necessity to preserve the heritage. To effectively promote substantial reform of policies, policymakers should adopt a multipronged approach that recognizes tribal sovereignty but integrates cultural values and prioritizes tribal child welfare within the communities. Therefore, there is a need for a radical transformative approach that draws on collaboration and community-based programs, which will drive it toward increased equity, cultural responsiveness, and sustainability. The essence of this essay is a wake-up call, highlighting the imperative to reshape the current American Indian child welfare system. Policymakers move towards an orientation that appreciates the primacy of sovereignty. Tribal nations as well as the critical preservation and continuity of these cultures at the heart of policies and practice. This is a change that springs from the marginalization of Native American communities in the past. As such, it should be mandatory to enforce laws that acknowledge and redress past injustices towards Native American infants and create a conducive setting for child growth. This requires moving beyond existing mono-culturalist approaches towards an accommodative multi-cultural model that recognizes diverse traditions, dialects, languages, and other idiosyncratic components of every tribe. At the center of these changes, there lies the use of participatory, community-based approaches with tribal communities to be included in the decision-making process. Policymakers

12 may map out a pathway to a more equitable and appropriately culturally competent child welfare approach through partnerships that recognize and utilize native knowledge within indigenous communities. Although it’s the end of our class time together I just want to say thank you Diana for allowing me the room to grow and pushing me to be my best.

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13 References Adonteng-Kissi, O. (2022). Cultural responsiveness in child protection: Stakeholders and parental perceptions of working children and culture-appropriate assessment in Ghana. The British Journal of Social Work , 53 (1), 118–138. https://doi.org/10.1093/bjsw/bcac123 Baltagi, B. H., & Yen, Y. (2014). Welfare reform and children’s health. Health Economics , 25 (3), 277–291. https://doi.org/10.1002/hec.3139 Kalil, A., Corman, H., Dave, D., Schwartz-Soicher, O., & Reichman, N. (2022). Welfare Reform and the Quality of Young Children’s Home Environments . https://doi.org/10.3386/w30407 McTavish, J. R., McKee, C., Tanaka, M., & MacMillan, H. L. (2022). Child welfare reform: A scoping review. International Journal of Environmental Research and Public Health , 19 (21), 14071. https://doi.org/10.3390/ijerph192114071 Milne, E., & Wotherspoon, T. (2020). Schools as “really dangerous places” for Indigenous Children and youth: Schools, child welfare, and contemporary challenges to reconciliation. Canadian Review of Sociology/Revue Canadienne de Sociologie , 57 (1), 34–52. https://doi.org/10.1111/cars.12267 Schiele, J. H. (2011). Social Welfare Policy: Regulation and resistance among people of color . SAGE.

Policy Analysis (1)

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