Compliance with the Indian Child Welfare Act (ICWA)—federal legislation passed in 1978 designed to protect and maintain the cultural, family, and community connections of Native American and Alaska Native children engaged in child welfare—has been a major concern of California’s Tribal governments for many years. Though ICWA was ratified over 40 years ago, states continue to struggle with its implementation, and Native American children, youth, and families still experience disparate outcomes.

In response to Tribal concerns, the California Department of Social Services (CDSS) developed the Office of Tribal Affairs (OTA). CDSS leadership reached out to the Capacity Building Center for States (the Center) to explore how the Center could help CDSS put its vision onto paper and bring it to life.

The Center and OTA worked together to develop an intensive project workplan, seeding a multiyear partnership focused on building the capacity of CDSS to implement its Tribal consultation policy, meaningfully engage Tribes, and move toward statewide ICWA practice.

OTA’s practice is rooted in relationships: Not only relationships between staff, partners, and consultants, but also the state and Tribal government-to-government relationship that needs to exist for successful child welfare practice. “Our job is to help [CDSS] build their muscle around ICWA,” shared Stephanie Weldon, M.S.W., OTA Director and enrolled member of the Yurok Tribe.

Director Weldon describes the work of OTA:

"[Our] work is equity work. Understanding Tribes as governments and their unique political status is integral to creating good policy and addressing cycles of institutional racism. As the [CDSS] moves forward with equity and inclusion priorities, it is important to continue to build knowledge and understanding of diverse communities and in particular, tribal communities who have a unique political status in addition to racial designation. Tribal populations are often the most overrepresented demographic in social services, with high rates of disproportionality, therefore it is important to have a foundational knowledge of Native Americans and Tribes as governments. OTA works to provide guidance, advisement, and technical assistance to the department to address policy, practice, and partnerships with Tribes in order to strengthen and enhance Tribal-State relationships and improve outcomes of Indian children and families in the child welfare system."

In partnership with the Center, OTA worked to lay the groundwork for improved practice and better outcomes. OTA developed both a strategic plan and a statewide ICWA plan—the first of its kind in California. Knowing that it would be important to build buy-in and a shared vision at the state and county levels, the Center worked with OTA on materials and visuals to help tell its story, including the “starter dough” necessary to build communications tools.

Statewide consultation and engagement are improving, including throughout child welfare strategic planning and the development of the Child and Family Services Plan and Annual Progress and Service Report.

When describing OTA’s collaboration with the Center, Director Weldon emphasized the impact of culturally responsive consultation. The Center’s team of consultants have “done the practice work and are informed. They have an Indigenous or Tribal worldview. …We don’t have to spend time educating them.” The trust and relationship between the OTA and Center teams allows the OTA staff to focus their efforts on what needs to happen for outcomes to change.

“System work is the same as family work. Having hard conversations with each other and looking at what you’re doing. Until you think about your bias, your privileges, who you’re leaving out, and who you’re oppressing, you’re going to continue to have poor outcomes.”

“System work is the same as family work. Having hard conversations with each other and looking at what you’re doing. Until you think about your bias, your privileges, who you’re leaving out, and who you’re oppressing, you’re going to continue to have poor outcomes.”

What Gets Measured Gets Done

CDSS values, and wants to be held accountable to, the well-being of Native American children and families. After the federal removal of a number of ICWA and other data elements, CDSS made the strategic decision to continue to collect AFCARS ICWA data. The OTA’s statewide ICWA plan includes outcome measures that will, over time, be built into the statewide data dashboard. Noting the progress that has been made in California, Director Weldon shared, “We have to remind ourselves because to us, as Tribal people, we don’t feel like it’s where it needs to be because we haven’t seen the outcomes change. We know what Tribal communities and families are experiencing day-to-day because of the lack of ICWA compliance. There’s the technical and the adaptive. The adaptive is getting to the work and respecting Tribal relationships and partnerships and understanding that unique political status. The foundation is there and now it’s a matter of getting to work. How do we get those outcome changes?”