Indian Child Welfare

According to the Forest County Potawatomi Community (FCPC) Children's Code of 1993, The Indian Child Welfare (ICW) program was developed to ensure compliance of the intent of Indian Child Welfare Act of 1978.

The services found within the FCPC ICW program are based on the FCPC Children's Code, FCP Foster Home Ordinance, and the following Federal and State grant regulations: Bureau of Indian Affairs (BIA), Administration for Children and Families (ACF) Title IV B subpart 1, Child Welfare and ACF Title IV B subpart 2, Safe and Stable Families, WI Department of Children and Families (DCF) and Department of Health Services (DHS) Family Services, and the DCF Kinship Care program.

The primary scope of service is the Indian Child Welfare Worker assumes responsibility, on behalf of the Tribe, for the protection care and well being of at risk children who are enrolled or eligible for enrollment in the FCP Tribe. The goals of the services are to limit the separation of Potawatomi children from their families and culture. The Indian Child Welfare Program works to ensures Indian families receive culturally appropriate services, consistent with the federal Indian Child Welfare Act (ICWA).

ICW Target Population Specifics:

• FCP-ICW child under the age of 18 who is a member of the Forest County Potawatomi Tribe.
• FCP-ICW child who is eligible for membership of the Forest County Potawatomi Tribe.
• Child or children who enrolled or eligible to be enrolled in the Forest County Potawatomi Tribe and reside on the reservation and or are a ward of Tribal Court.
• FCP-ICW children enrolled or eligible to be enrolled in the Forest County Potawatomi Tribe that are not a ward of tribal court yet the tribe has con-current jurisdiction in the child custody proceedings.

Service Area:

Pursuant to the FCPC Children's Code, FCP-ICW direct service works within a 50 miles service radius of the reservation which includes Blackwell, Carter, and Stone Lake. ICW is broken into four service areas ICWA Compliance, Child Abuse and Neglect, Family Preservation, Tribal Foster Home and Family Placements licensing.

ICWA Compliance Services

• ICW Department responds to state/county agencies that have met the standard to remove a child from an Indian family.
• ICW Department responds to the official legal notifications in a CHIPS or JIPS proceeding or a termination of parental rights proceeding ICWA Compliance when the FCP tribe is noticed by state/ county court.
• ICW Department responds to Transfer of Jurisdictions: transferred cases to tribal court.
• ICW Department responds to "Interventions" (the process that allows a person who has a legal interest in proceeding to protect that interest. ICWA grants FCP tribe the right to intervene in child custody proceedings at any point in that state court proceeding)
• ICW Department follows Tribal Enrollment process for eligibility for Interventions and cases to be transferred from state to Tribal court.
• Expert Witness Testimony List: FCPC Qualified Expert Witnesses Cultural List availability.

Child Abuse and Neglect Services

• Referral and Intake of Child Abuse and Neglect complaints
• Responds with "Child in Need of Care" petitions when a complaint meets the standard to remove a child in accordance with FCP Children's Code.
• Children's Case Management and Court Appearances (open case to close case) for FCPC children who have been removed from their homes.
• Insurance that States are in compliance with the Indian Child Welfare Act (ICWA) regarding children in State custody who are enrolled FCP tribal members or are eligible for FCP enrollment.
• There are FCP enrolled children placed off reservation in Tribal and state court ordered placements in which the ICW Department monitors, operates as a liaison for the families and cooperates with state agencies involved.
• Facilitates the FCPC Child Protection Team Meetings.

Tribal Foster Care and Family Placement Services

• Follows ICWA Placement preferences which reflect Potawatomi Culture when providing assistance in the placement of FCPC children.
• License, regulates, supports and maintains Tribal Foster Homes and Family Placements.
• Conducts Home Studies, Background Checks and Culturally Appropriate agreements for each level of care placements.
• Recruit foster and family placement homes for FCPC children placed outside their home.
• The ICWA Placement Specialist makes personal contact with the child's relatives to provide them information about the child in need of care and inquire about relatives who may be able provide care for the child.
• Training and Support for Foster Care and Family Placements, including Respite Care.
• State Kinship Care Program -. These state funds are used for In the event that a child is placed in the care of Forest County Potawatomi Indian Child Welfare, meeting the qualifications of being eligible to be enrolled as a Forest County Potawatomi or is all ready enrolled as tribal member, whose parents are not Forest County Potawatomi tribal members.

Family Preservation – Safe and Stable Family Programming:

Reunification and Prevention of out of home

• ICW Tribally responds to the state equivalent to Active Efforts: ICWA mandates the state to make active efforts in every ICWA case in two areas: Provide services to the family to prevent removal of an Indian child from his or her parent or Indian custodian and to Reunify an Indian child with his or her parent or Indian custodian after removal.
• Reunification services offer Individualized service plans and reunification home studies to every legal parent in the FCP ICW service area whose children have been removed. These services are designed to make corrections to the high risk areas that warranted the removal of their Child (ren).
• Establish visitation schedules for Grandparents, parent and siblings in accordance with court orders are offered.
• Prevention of out of Home services is available to provide preventive services that promote preservation and stability and to prevent the removal of children who are at risk for child abuse and/or neglect from their homes.
• Prevention of out of Home services provides at risk families, based on needs, with various types of services, i.e., referrals for counseling, education and also, if, or when necessary, assists in crisis situations. If a crisis has occurred that is placing your child at risk, you may qualify for this program.

Applications available for ICW Services:

BIA Application, Tribal Foster Care & Family Placement License Application and State Kinship Care Application; all other services are agreements through tribal and state court orders.

The following hyperlinks are provided for your information and for the benefit of FCP community members (not endorsed by FCP)

• Further ICWA Resources: National Indian Child Welfare Association (NICWA)
• Wisconsin ICWA laws, contacts and resources
• Child and Family Safety Link
• ICW Link