Legislation/Policy/Procedure

Title: Alaska Tribal Child Welfare Compact
Parties: Certain Alaska Native Tribes and Tribal Organizations and the State of Alaska
Date enacted/published: December 15, 2017

Description:

This compact creates a process by which Alaska Native tribes can take over some or all child welfare services

For additional information contact:
Valerie Nurr’araaluk Davidson
Commissioner
Alaska Department of Health and Social Services
Mailing address:
PO Box 240249
Anchorage, AK 99503
Physical address:
3601 C Street, Suite 902
Anchorage, Alaska 99503-5923
Phone: (907) 269-7800
Fax: (907) 269-0060

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Title: Michigan Indian Family Preservation Act
Parties: Michigan State Trial Courts, Michigan Department of Human Services, and Tribes
Date enacted/published: 12/31/12

Description:

The Michigan Indian Family Preservation Act (MIFPA) was enacted into state law in order to promote compliance with and heighten awareness of the federal Indian Child Welfare Act (ICWA). The MIFPA seeks to accomplish these goals by strengthening and clarifying provisions of the ICWA within Michigan law. Specifically, the MIFPA defines terms that in ICWA that were either generally unclear, subject to multiple interpretations in past ICWA cases, or specifically unclear under Michigan law. These terms include "active efforts," "culturally appropriate services," "official tribal representative," "parent," "ward of the tribal court," and "Indian child."

Further, the MIFPA defines and gives an order of preference for determining an acceptable Qualified Expert Witness; provides specific good cause conditions to deviate from placement preferences; provides guidance to the courts when guardianship is sought; requires consent by both parents for voluntary placement of adoption; and provides for consultation with the federally recognized tribes in Michigan.

Overview of the Michigan Indian Family Preservation Act

Comparison Chart of the MIFPA

MIFPA Frequently Asked Questions

Little Traverse Bay Band Resolution Supporting MIFPA

For additional information contact:
Michele Corey
Michigan's Children 428 W. Lenawee
Lansing, MI 48933
(517) 485-3500

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Title: Judicial Bench Card for ICWA
Parties: New Mexico Courts and Tribes
Date enacted/published: April 2013

Description:

The New Mexico Tribal-State Judicial Consortium is reviewing the State’s implementation of ICWA and compliance with the law. Approved by the Consortium in April 2013 was a brief Judicial Bench Card for ICWA that may help provide important information to both State and Tribal Judges handling cases involving Indian children.

For additional information contact:
Kathy Spurgin
Statewide Program Manager
Administrative Office of the Courts
e-mail: aockbs@nmcourts.gov
phone: (505) 827-4808

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Title: Washington State Indian Child Welfare Act
Parties: Washington State and Washington Tribes
Date enacted/published: 2011

Description:

The Washington Indian Child Welfare Act (WSICWA) was passed in 2011 and is intended as a step in clarifying existing laws and codifying existing policies and practices. The WSICWA seeks to clarify vague sections of the federal ICWA and to explicitly give preference to WSICWA where other state law previously conflicted.  WSICWA specifically defines “best interests of the Indian child” and further clarifies “qualified expert witness.”  The WSICWA also clarifies “active efforts.”  Wash. Rev Code § 13.38 (2013).  See: http://apps.leg.wa.gov/rcw/default.aspx?cite=13.38&full=true

For additional information contact:
Juliette Knight
ICW Program Manager
Te Hika O Papauma (Registered member)
Ngati Kahungunu & Rangitane Heritage
Ph: 360-902-7578
Email: juliette.knight@dshs.wa.gov
Bob Smith
ICW Program Supervisor
Member of the Skokomish Tribe
Ph: 360-902-0298
Email: smithrc@dshs.wa.gov

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