Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

Use your smartphone to http://www.childwelfare.gov

access this issue brief online.

ISSUE BRIEF

August 2012

Tribal-State Relations 

What’s Inside:

• Key factors affecting 

Tribal-State relations in 

child welfare

• Components of 

successful Tribal-State 

relations

• Promising practices in 

Tribal-State relations 

from across the country

• Conclusion

• Resources

The United States Congress and Tribal governments 

have articulated the importance of protecting the safety, 

permanency, and well-being of American Indian and Alaska 

Native children. Through the Indian Child Welfare Act (ICWA) 

of 1978, Congress stated that there is “no resource that is 

more vital to the continued existence and integrity of Indian 

tribes than their children” (25 U.S.C. Sec. 1901). 

This brief is intended to help States, Tribes, and related 

jurisdictions find ways to work together more effectively to 

meet the goals of ICWA. 
Tribal-State Relations http://www.childwelfare.gov

2 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

Key Factors Affecting TribalState Relations in Child Welfare 

Tribal child welfare has had a particularly 

poignant history in the past century. 

Thousands of Indian children were forcibly 

removed from their homes, families, and 

Tribes and placed in boarding schools where 

a policy of assimilation left them unable to 

speak their Native language or participate 

in their Native culture. Native customs and 

practices were destroyed, families were 

broken up, and generations of Indian children 

grew to adulthood without the benefit of 

parenting or the support of their families or 

Tribes. This has contributed to a great level 

of distrust and historical trauma that continue 

to affect American Indian and Alaska Native 

families. 

Today, almost all Tribes operate some form of 

child protection services, and many have their 

own Tribal codes, court systems, and child 

welfare programs. A number of factors affect 

relationships between Tribes and States in 

the provision of child welfare services. These 

include, but are not limited to:

• The Federal trust responsibility between 

Tribes and the Federal Government, 

which refers to the Federal Government’s 

obligation to protect Tribal self-governance, 

assets, resources, lands, and treaty rights 

(25 U.S.C. §§ 450; 450a)

• The influence of various Federal policies, 

including policies that allowed Indian lands 

to be taken from Tribes and Indian children 

to be removed for assimilation 

• State jurisdiction over Tribal affairs, for 

instance, through Public Law 280 (P.L. 280), 

initially enacted in 1953 in six “mandatory” 

States and other “optional” States in 1968 

that elected to assume full or partial State 

jurisdiction on Indian reservations, and 

eliminating Federal jurisdiction for Indian 

Country (Gardner & Melton, n.d.) 

• Tribal-State disagreements, especially those 

that end up in court and result in a “winner” 

and a “loser” 

• Availability of funding for child welfare 

activities, which historically required Tribes 

to access much of their child welfare 

funding through the States, although Tribes 

could access funding from title IV-B and 

Bureau of Indian Affairs Indian child welfare 

grants 

• Tribal-State differences in child welfare 

values and practices, especially differences 

related to the importance of family, 

community, culture, and permanency

• Disproportionality of Indian children in the 

child welfare system, such that American 

Indian and Native Alaskan children are in 

foster care at a rate that is double that of 

nonminority children (U.S. Department of 

Health and Human Services, 2011)

Since the passage of ICWA, Tribes could 

run their own child welfare systems but were 

unable, until recently, to directly receive 

title IV-E funds except through their States. 

The passage of the Fostering Connections 

to Success and Achieving Adoptions Act of 

2008 allowed Tribes to apply for child welfare 

funding directly from the Federal Government 

through title IV-E of the Social Security Act. 

It is impossible to talk about Tribal-State 

relations without referencing the long and 
Tribal-State Relations 

3 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

difficult history. The timeline at the end of this 

brief provides a glimpse at that history and 

important events and milestones. 

More recent legislation has attempted to 

address some of the inequities of the past:

• In 1978, Congress passed ICWA (Public Law 

95-608), establishing Federal standards for 

the removal, placement, and termination 

of parental rights of American Indian 

and Alaska Native children. ICWA also 

clarified the jurisdiction of State and Tribal 

governments in child welfare, authorized 

Tribal-State agreements, and provided 

funding for the development of Tribal 

programs. 

• In 1991, the Indian Child Protection and 

Family Violence Prevention Act (Public Law 

101-630) established Federal requirements 

for the reporting of and investigation of 

child abuse and neglect on Tribal lands, 

required background checks on individuals 

who have contact with American Indian and 

Alaska Native children (including foster and 

adoptive families), and authorized funding 

for Tribal child abuse prevention and 

treatment programs.

• In October 2008, the Fostering Connections 

to Success and Increasing Adoptions Act 

(Public Law 110-351) was passed, giving 

Tribes, among other things, the option to 

directly access title IV-E funds to operate 

foster care, adoption assistance, and, if 

elected, kinship guardianship assistance 

programs. The act also requires each State 

title IV-E agency to negotiate in good faith 

with any Tribe that request to develop an 

agreement with a State to administer all or 

part of the title IV-E program. 

• In November 2009, President Barack 

Obama released a memo in tandem with 

a reiteration of Executive Order 13175, 

ordering Federal agencies to engage in 

government-to-government consultation 

with Tribes. The memo states:

The United States has a unique legal 

and political relationship with Indian 

tribal governments, established through 

and confirmed by the Constitution of 

the United States, treaties, statutes, 

executive orders, and judicial decisions. 

In recognition of that special relationship, 

pursuant to Executive Order 13175 

of November 6, 2000, executive 

departments and agencies are charged 

with engaging in regular and meaningful 

consultation and collaboration with tribal 

officials in the development of Federal 

policies that have tribal implications, and 

are responsible for strengthening the 

government-to-government relationship 

between the United States and Indian 

tribes.

• In 2010, a new Tribal Consultation Policy 

for the Health and Human Services Agency 

was developed with input from Tribes 

and a newly created Tribal consultation 

group. The policy, implemented in 

2011, is available on the Office of 

Intergovernmental External Affairs website: 

http://www.hhs.gov/intergovernmental/

tribal/tcp.html

• In 2010, the Tribal Law and Order Act 

(TLOA) was designed to address three 

overall Tribal justice issues: (1) lack of 

Federal Government accountability for 

investigating and prosecuting crimes 

in Indian Country, (2) lack of Tribal 

Government authority, and (3) longstanding 
Tribal-State Relations http://www.childwelfare.gov

4 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

lack of adequate and consistent funding for 

Tribal justice systems. For more information, 

visit the TLOA website: http://tloa.ncai.org

A more comprehensive review of ICWA 

in addition to resources for working with 

American Indian children and families can 

be found on Child Welfare Information 

Gateway’s website: http://www.childwelfare.

gov/systemwide/cultural/adoption/american_

indian_families.cfm

Understanding the difficult history between 

States and Tribes, and the historical trauma 

it caused, is key for developing strong 

government-to-government relationships. 

The Indian Country Child Trauma Center’s 

(ICCTC) resource guide, Trauma in Indian 

Country, defines trauma and factors that 

increase vulnerability for American Indian and 

Native Alaska populations and provides tips 

for professionals working with Native children 

and families. The resource guide is available 

on ICCTC’s website: http://www.icctc.org/

Trauma%20in%20Indian%20Country-revised.

pdf

The California American Indian Enhancement 

(AIE) Project’s Implementation Toolkit includes 

a list of common responses by individuals 

who may be unaware of or unwilling to open 

up about their heritage because of distrust 

or historical trauma. The toolkit also provides 

a 12-minute video highlighting why workers 

should ask every child and family receiving 

services if they have American Indian or 

Alaska Native heritage, and direction on 

culturally sensitive ways to inquire about 

ancestry. For more information, visit the AIE 

Project’s website: http://calswec.berkeley.edu/

CalSWEC/AIE/AIE_Background.html

DEFINITIONS

Indian Country refers to: “(a) All land 

within the limits of any Indian reservation 

under the jurisdiction of the United 

States Government, notwithstanding the 

issuance of any patent, and, including 

rights-of-way running through the 

reservation, (b) All dependent Indian 

communities within the borders of the 

United States whether within the original 

or subsequently acquired territory thereof, 

and whether within or without the limits 

of a State, and (c) All Indian allotments, 

the Indian titles to which have not been 

extinguished, including rights-of-way 

running through the same” (18 U.S.C. 

Section 1151).

Historical trauma is collective emotional 

and psychological damage that spans 

generations. This damage stems from 

drastic loss and society’s denial of that 

loss. Historical trauma for American 

Indians and Alaska Natives can be 

compared to that of Jewish Holocaust 

victims and their descendants (Brave 

Heart, 1998). 

Sovereign Nation refers to the legal and 

government status of a Tribe. Sovereignty 

refers to the power of people to govern 

themselves. Tribal Sovereignty, or 

recognizing a Tribe as a Sovereign Nation, 

simply means Tribes have, by law, the 

right to self-governance, as they never 

surrendered that right to the Federal 

Government (American Indian Policy 

Center, n.d.). 
Tribal-State Relations 

5 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

Components of Successful 

Tribal-State Relations 

States and Tribes are most successful in 

achieving better outcomes for children 

and families when they establish positive 

partnerships. The following are necessary 

components for building strong Tribal-State 

relationships and questions to assess the 

development of each component.

Mutual Understanding of 

Government Structures

To ensure a quality working relationship 

between Tribes and States and to identify 

avenues for negotiating common interests 

related to child welfare, an understanding of 

and appreciation for the different government 

structures is paramount.

The following are some questions that 

can be used to assess agency and Tribal 

understanding of government structures: 

• Who are the appropriate people at both 

the Tribal and State levels to discuss child 

welfare issues (e.g., Tribal council, State 

governor, child welfare director)?

• Does the agency know all the Tribes in the 

State and the ICWA representatives for 

each Tribe? 

• How are child welfare program and policy 

decisions made within each government 

and governmental entity? 

• What does the child welfare service 

delivery system look like? What are the key 

agencies, and what is their authority and 

mission? 

• Who is the service population for each 

government?

• What is the best process for discussions and 

negotiations? 

Cooperation and Respect

Within Tribal communities, mutual respect 

and humility are greatly valued. Without 

cooperation from all involved parties and 

decision-makers, solutions cannot be reached 

and outcomes cannot be improved. American 

Indians and Alaska Natives have rich traditions, 

cultural practices, and unique approaches 

to child welfare that are among the most 

successful used within this population. When 

States respect those traditions and are open 

to Native approaches, there is a better chance 

for strengthening relationships and, above all, 

improving outcomes for children and families. 

Below are some questions that can be used to 

assess the level of cooperation and respect: 

• What are all the Tribal leaders’ names? 

• What are the Tribes’ governing structures, 

approaches to child welfare, and practices? 

• Do Federal, State, and Tribal governments 

have equal representation at meetings? 

• Is the environment for collaboration and 

meetings one in which it is safe to share, 

learn, and explore? Are meeting locations 

beneficial to all those concerned? 

• Are meetings equally centered on common 

areas of interest and agreement, as they are 

on differences between systems? 

• Were all culturally appropriate permanency 

options considered?
Tribal-State Relations http://www.childwelfare.gov

6 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

The Tribal STAR

The Tribal STAR (Successful Transitions for 

Adult Readiness) program, sponsored by 

the San Diego State University School of 

Social Work, offers a number of resources 

and curricula on cultural competence and 

training. Resources are available on Tribal 

STAR’s website: http://theacademy.sdsu.

edu/TribalSTAR/resources/Resource_List.

htm#Products

Pocket Culture Card

The Substance Abuse and Mental Health 

Services Administration (SAMHSA) 

provides a pocket resource for 

service providers working with Tribes. 

“CultureCard: A Guide to Build Cultural 

Awareness: American Indian and Alaska 

Native” provides brief summaries of 

customs, beliefs, and social norms to 

improve cultural competence when 

serving families in Tribal communities. 

Some topics addressed include:

• Communication styles

• Self-awareness and etiquette

• Spirituality

• The role of veterans and elders

• Community strengths

• Historic distrust

• Regional and cultural differences

Download the “CultureCard” or order 

copies on the SAMHSA website: store.

samhsa.gov/product/American-Indianand-Alaska-Native-Culture-Card/

SMA08-4354

Ongoing Communication

Often, Tribes and States communicate only 

in times of conflict or misunderstanding. 

Various mechanisms, such as public and 

private forums, can promote healthy, 

ongoing communication. Productive working 

relationships are hinged on the personal 

relationships of individual officials and 

the regularity of communication between 

individuals. It is helpful to establish a process 

for frequent review and assessment of 

policies and develop recommendations for 

improvement. 

Many States and Tribes have created joint 

child welfare advisory committees to cultivate 

an environment of open communication 

and planning. Based on the experience of 

the members of the Arizona Court Forum as 

reported in Rubin’s “Tribal Courts and State 

Courts: From Conflicts to Common Ground” 

(1992), below is a list of Do’s and Don’ts for 

establishing Tribal-State forums. 

Tribal/State Court Forum Do’s and Don’ts

Membership

• DO select forum members from diverse 

perspectives who have demonstrated 

interest, expertise, or experience in 

addressing Indian law issues. 

• DON’T select forum members based only 

on their position within the judiciary or 

elsewhere. 

Mutual Respect

• DO acknowledge differences between 

Tribal and State court systems and seek 

ways of cooperating consistent with those 

differences. 

• DON’T characterize either system as better, 

worse, or more or less sophisticated than 

the other. 
Tribal-State Relations 

7 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

Scope

• DO proceed in phases with predetermined 

timeframes, including a study phase 

in which issues are identified, before 

implementing recommendations. 

• DON’T devote resources to implementation 

until a consensus is reached concerning 

priority issues and recommendations. 

Persistence

• DO design a process that invites broadbased participation in identifying issues and 

making recommendations. 

• DON’T be discouraged by lack of 

participation or lack of progress. 

Performance

• DO assign manageable tasks to 

forum members or subcommittees to 

be accomplished within established 

timeframes. 

• DON’T delay too long before dividing 

the work of the forum into tasks that can 

be accomplished within the timeframes 

established. 

Solutions

• DO emphasize creative solutions to 

jurisdictional issues that avoid litigation and 

are consistent with the rights of the parties, 

sovereignty, and judicial independence. 

• DON’T emphasize jurisdictional limitations. 

Communications

• DO emphasize person-to-person 

communication and education to address 

jurisdictional issues. 

• DON’T seek to address jurisdictional issues 

solely through large-scale change in the law 

or legal systems. 

For a list of Tribal contact information, 

visit the Bureau of Indian Affairs website: 

http://www.bia.gov/WhoWeAre/BIA/OIS/

HumanServices/IndianChildWelfareAct/

index.htm

Another resource for searchable ICWA 

contact information is Ayazuta, which has 

downloadable ICWA Tribal contact data, 

information on qualified ICWA expert 

witnesses, and other resources searchable 

by Tribe name, State, or keyword. View 

these tools and more at the website: 

http://www.ayazuta.com

Promising Practices in TribalState Relations

Working together, States and Tribes around 

the country have developed a number of 

promising approaches to strengthening TribalState relations in child welfare, including:

• Using Tribal-State advisory committees, 

forums, and collaborative groups

• Using culturally adapted evidence-based 

practices

• Developing Tribal-State court forums and 

partnerships 

• Developing culturally competent 

permanency alternatives
Tribal-State Relations http://www.childwelfare.gov

8 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

Tribal Advisory Committees, 

Forums, and Collaborative Groups

• The Tribal Law and Policy Institute along 

with the U.S. Department of Justice’s 

Office of Victims of Crime produced a 

report highlighting 12 promising practices 

for meeting the needs of victims of 

violence and domestic abuse in Indian 

Country. Many of the programs employed 

a variety of Tribal-State partnerships 

and collaborations to provide culturally 

competent services to meet the needs 

of Native families and communities. For 

instance, the Eastern Band of Cherokee 

Indians collaborated with county and 

State agencies in North Carolina to form 

the Heart-to-Heart Child Advocacy 

Center. The mission of the Heart-to-Heart 

Child Advocacy Center is to provide 

comprehensive and culturally competent 

child abuse evaluation, investigation, 

judicial, and healing services. The Child 

Advocacy Center model had been 

widely used in non-Native communities 

but was adapted to meet local Tribal 

needs and customs. Heart-to-Heart 

utilized a multidisciplinary approach, 

bringing together Tribal and Federal 

law enforcement, Tribal child protective 

services, mental health services, and 

medical and educational agencies to 

coordinate services for child victims. 

Victims Services: Promising Practices in 

Indian Country details each program’s 

service area and demographics, services, 

unique approaches, and keys to success. 

Download the full report: http://www.

ojp.usdoj.gov/ovc/publications/infores/

victimsrvsindian_country2004/729404.pdf

• Alaska’s Tribal State Collaborative 

Group (TSCG) is a partnership of State 

and Tribal organizations—Tribal members 

and leaders, representatives from Alaska’s 

Office of Children’s Services, and other 

representatives—that meets three times a 

year to discuss issues affecting American 

Indian and Alaska Native families involved 

in the child welfare system. TSCG works 

to improve ICWA compliance, and much 

of the group’s work has focused on 

disproportionality. Equal representation at 

meetings is a core principle of TSCG, and 

the workgroup has fostered a common 

language among the State and Tribes that 

is leading to a better continuity of care for 

children and families. More information is 

available on Alaska’s Health and Human 

Services website: http://hss.state.ak.us/

ocs//ICWA/tscg/tscg.htm

Culturally Adapted EvidenceBased Practices

• Due to historical trauma, many American 

Indian and Alaska Native parents face 

stressors such as unemployment, substance 

abuse, and depression, which affect their 

abilities to nurture and support their 

children. California’s Indian Child and 

Family Services (ICFS) is making strides in 

improving outcomes for Native children and 

families while strengthening Tribal-State 

relationships. ICFS focuses on adapting 

evidence-based practice models to the 

Native culture, such as the Incredible Years 

(IY) Parenting Training Program, which 

has evolved into the SPIRIT Parenting 

Program. The SPIRIT program involves 

two phases, (1) a historical motivational 

interview that places families’ issues within 

a historical context and (2) implementing 
Tribal-State Relations 

9 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

a culturally embedded evidence-based 

practice, such as IY, which has evolved over 

time to include cultural strengthening.

ICFS’s SPIRIT Parenting Program helps 

Native families recognize the effects of 

historical trauma and learn parenting 

skills to stop the transfer and continuance 

of trauma and improve parent-child 

relationships. The parenting program 

consists of 15–19 weekly, 2-hour in-home 

sessions incorporating parenting training 

with the Native view that children are 

sacred gifts from the creator.

Collaboration with local agencies and 

courts has expanded ICFS into a referralbased services organization. The Riverside 

County Department of Public Social 

Services provides referrals and contacts 

to improve coordination of resources and 

care for Native families. Local partnerships 

yielded a County Tribal Alliance composed 

of judges, local caseworkers, child welfare 

managers, Tribal representatives, and 

other representatives. The alliance meets 

quarterly to discuss training, collaborate 

on improving ICWA services, and address 

other issues affecting the Tribes and State. 

Betsy Davis, Program Evaluator, said that 

while ICFS’s focus is on prevention, it 

approaches prevention differently than the 

standard child welfare view. “Prevention 

can be a colonized phrase to people who 

have suffered through history, especially 

when it’s a history no one talks about. Here, 

prevention is stopping the flow of historical 

trauma through generations. History is the 

problem, and societal blindness is what 

continues the problem. When we stop the 

flow of trauma, we can strengthen families.”

For more information on the SPIRIT 

Parenting Program or other ICFS services:

○ Visit the ICFS website: 

http://www.indianchildandfamily.org

○ Contact Renda Dionne, Ph.D. 

951.764.3943 or dionner@msn.com

• The Indian Country Child Trauma Center 

(ICCTC) at the University of Oklahoma 

Health Sciences Center, in conjunction with 

the National Childhood Traumatic Stress 

Network and SAMHSA, adapted existing 

evidence-based treatments to incorporate 

traditional healing practices, teachings, and 

concepts relevant in Indian Country. Each 

program emphasizes the American Indian 

value of respecting and honoring children 

and incorporates the importance of cultural 

identity and individuality. ICCTC provides 

training on the following programs:

○ The Honoring Children, Making Relatives 

program is based on parent-child 

interaction therapy.

○ The Honoring Children, Respectful Ways 

program provides treatment for children 

with sexual behavior problems.

○ Honoring Children, Honoring the Future 

makes use of an evidence-based youth 

suicide prevention curriculum.

○ Honoring Children, Mending the 

Circle incorporates trauma-focused 

cognitive-behavioral therapy adapted for 

traditional beliefs and practices.

For more information, read “Adapting 

evidence-based treatments for use with 

American Indian and Native Alaskan 

children and youth,” by Delores Subia 
Tribal-State Relations http://www.childwelfare.gov

10 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

BigFoot and Janie Braden, published 

in American Bar Association’s Child Law 

Practice: http://www.icctc.org/focus%20

article.pdf

Visit ICCTC’s website: http://www.icctc.org

Tribal-State Court Forums 

and Partnerships

• The Tribal Court Appointed Special 

Advocates program (CASA) is one way to 

improve ICWA compliance and strengthen 

Tribal-State relations. The CASA program 

trains community volunteers to serve as 

advocates who speak on behalf of the best 

interest of American Indian and Alaska 

Native children involved in abuse and 

neglect cases. These culturally competent 

advocates can be particularly helpful in 

cases in which a transfer of jurisdiction is 

taking place (Wilkins, 2008). As of January 

2012, there were 18 Tribal court programs 

located in 10 States.

National CASA features several resources 

on its website, including A Guide 

to Establishing a Tribal Court CASA 

Program Board of Directors or Advisory 

Committee: http://nc.casaforchildren.org/

files/public/community/programs/GuidesManuals/0801_tribal_board_guide_0012.

pdf

For more information, visit the Tribal Court 

Clearinghouse’s website: http://www.tribalinstitute.org/lists/casa.htm

• In 1994, the Idaho Supreme Court 

suggested forming a State/Tribal Court

Forum consisting of representatives 

from each of the State’s six Tribes and 

members of the Idaho Judiciary. After much 

work considering jurisdictional conflicts 

regarding claims of State and Federal 

governments, the Forum established a 

Tribal Court Benchbook. The benchbook 

provides a quick reference guide to Idaho’s 

Tribal courts for State and Tribal judges, 

attorneys, and the public. 

View the benchbook, revised in 2005: 

http://www.isc.idaho.gov/tribal/

TribalCourtBenchBook_2005.pdf

For more information on Tribal-State 

court forums and partnerships, including 

a how-to guide, visit the Walking On 

Common Ground website: http://

walkingoncommonground.org

• The Native American Communities 

Justice Project (NACJP), a partnership 

of the Tribal Law and Policy Institute and 

the California Administrative Office of the 

Courts, launched a program to study Native 

American victims of family violence. The 

project sponsored a series of 17 meetings 

that brought together, for the first time, 

more than 500 Native Americans and 

California court representatives to hear 

the voices of Native American victims 

of family violence, discuss challenges to 

meeting Native American community 

needs relating to the State court system 

and family violence, and explore solutions 

to these issues. The NACJP marks the 

first time any California State agency 

utilized a community-engagement strategy 

that contacted every Tribal government 

regardless of Federal recognition. 

More information is available on the Tribal 

Court Clearinghouse website: http://www.

tribal-institute.org/lists/state_relations.htm
Tribal-State Relations 

11 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

Culturally Appropriate 

Permanency Alternatives

Practitioners who provide more culturally 

appropriate options in safety and permanency 

create greater acceptance and cooperation 

from the child’s Tribe and reduce potential 

conflicts in case planning. Families may 

also be more engaged when there is an 

individualized approach.

• Tribal customary adoption is an adoption 

that occurs under the customs, laws, or 

traditions of the child’s Tribe. In these 

traditional adoptions, parental rights 

are modified but not terminated, and 

important family connections may be 

better maintained. In many Tribal codes, in 

which “statutory” adoptions are completed 

under laws resembling State laws, there 

are provisions for validating traditional 

or customary adoptions in Tribal courts. 

States also are becoming more aware of 

the benefits of recognizing Tribal customary 

adoption and exploring ways to implement 

this practice. Minnesota and Washington 

have begun to implement this approach 

and educate their State workers.

In 2010, California enacted a law (Welfare 

& Institutions Code § 366.24) that 

allows Tribal customary adoptions to be 

completed in a State court. Under the 

provisions of this new law:

○ Birth parents’ parental rights are not 

terminated but are modified by terms 

specified in the adoption order. 

○ Home studies are completed by the 

child’s Tribe or its designee. 

○ Adoptive placements are approved 

according to the prevailing social and 

cultural standards of the child’s Tribe. 

○ Criminal background and child abuse 

registry checks are required as they are 

for all adoptive placements.

Tribal STAR has assembled an array of 

resources about Tribal customary adoption, 

including factsheets for Tribal workers, 

county workers, agency memoranda, a 

PowerPoint presentation, and sample forms 

for Tribal customary adoption orders. These 

resources are available on Tribal STAR’s 

website: http://theacademy.sdsu.edu/

TribalSTAR/resources/customaryadopt.htm

Conclusion

Protecting American Indian and Alaska Native 

children and meeting the goals of ICWA 

requires a complex system of child welfare 

services that involves many different entities, 

including law enforcement, the courts, and 

social service agencies. However, when States 

and Tribes work together in a cooperative 

manner, children and families benefit in the 

following ways: 

• Improved access to placement and 

treatment resources

• An increased ability to address underlying 

issues that affect safety, treatment, 

reunification, and placement 

• Lower risk for disruption in the permanent 

placement 

• Enhancement of the child’s connection to 

his or her culture and relationship with his 

or her Tribe 
Tribal-State Relations http://www.childwelfare.gov

12 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

While collaboration can be challenging, it is 

important for States and Tribes to continue 

to actively pursue opportunities to form 

positive working relationships with patience, 

acceptance, and flexibility. Through the 

development of cooperative practices such 

as forums and advisory committees, TribalState arrangements, training and informationsharing opportunities, and culturally 

competent permanency alternatives, Tribes 

and States have the opportunity to improve 

services and more effectively meet the safety 

and permanency needs of American Indian 

and Alaska Native children and families. In 

developing Tribal-State collaborations, both 

entities would do well to heed the advice of 

Sitting Bull, a wise Lakota ancestor: “Let us 

put our minds together to see what life we can 

make for our children” (1877).

Acknowledgment: This issue brief was 

developed with help and support from the 

National Child Welfare Resource Center for 

Tribes (NRC4Tribes) and the Tribal Law and 

Policy Institute. This update was developed 

by Child Welfare Information Gateway. This 

document is made possible by the Children’s 

Bureau, Administration on Children, Youth 

and Families, Administration for Children 

and Families, U.S. Department of Health and 

Human Services.

Suggested Citation: Child Welfare 

Information Gateway. (2012). Tribal-State 

relations. Washington, DC: U.S. Department of 

Health and Human Services, Children’s Bureau. 

Tribal-State Relations Resources

Child Welfare Information Gateway

Child Welfare Information Gateway’s web section on working with Indian children and families 

includes information on ICWA, a list of federally recognized Tribes, a Native American affairs 

glossary, and more. 

http://www.childwelfare.gov/systemwide/cultural/adoption/american_indian_families.cfm

National Resource Center for Tribes 

The National Resource Center for Tribes is a member of the Children’s Bureau’s Training and 

Technical Assistance Network that assists States and Tribes in improving child welfare systems. 

http://www.nrc4tribes.org

Laws and Resources

• The Indian Child Welfare Act of 1978, 25 U.S.C. § 1901, et seq. (ICWA or Act) provides 

procedural safeguards in actions involving Indian children

• Fostering Connections to Success and Increasing Adoptions Act of 2008 

United States Congress. (110th, 2nd Session: 2008)
Tribal-State Relations 

13 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

http://www.childwelfare.gov

This act reauthorizes the Adoption Incentives Program for 5 years and increases incentives for 

special needs and older child adoptions; gives States the option to use Federal funding to 

provide maintenance payments to relatives who serve as “kinship guardians”; establishes family 

connection grants to connect foster children with family members and assist them in meeting 

the needs of the foster children; and allows Federal funding for title IV-E programs established 

by Tribal entities.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_

bills&docid=f:h6893enr.txt.pdf

• Bureau of Indian Affairs Guidelines for State Courts, Indian Child Custody Proceedings, 44 Fed. 

Reg. 67584-67595 (November 26, 1979)

• Code of Federal Regulations, 25 C.F.R. Part 23 (January 13, 1994) (Bureau of Indian Affairs–

Indian Child Welfare Act Rules and Regulations).

http://www.gpo.gov/fdsys/pkg/CFR-2011-title25-vol1/pdf/CFR-2011-title25-vol1-part23.pdf

(PDF – 239 KB)

• Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice, 64 Fed. 

Reg. 11490 (March 9, 1999)

http://www.gpo.gov/fdsys/pkg/FR-1999-03-09/pdf/99-5640.pdf (PDF - 206.9 KB)

• U.S. Department of the Interior–Indian Affairs website (http://www.bia.gov).

Tribal Law and ICWA

• Tribal Court Clearinghouse: http://www.tribal-institute.org

• Native American Rights Fund (has a great ICWA tool online): http://www.narf.org

• National Indian Child Welfare Association: http://www.nicwa.org

• National Conference of State Legislatures: 

http://www.ncsl.org/programs/statetribe/statetribe.htm

Organizations That Provide Support or Training 

(in addition to the groups above):

• Indian Country Child Trauma Center (University of Oklahoma): http://www.icctc.org

• White Bison: http://www.whitebison.org

• Native Wellness Institute: http://www.nativewellness.com

• Native American Children’s Alliance (NACA): http://nativechildalliance.org

• National Congress of American Indians: http://www.ncai.org

• National Indian Child Welfare Association: http://www.nicwa.org
Tribal-State Relations http://www.childwelfare.gov

14 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at http://www.childwelfare.gov/pubs/issue_briefs/tribal_state/index.cfm

References

American Indian Policy Center. (n.d.). Retrieved from http://www.airpi.org/pubs/indinsov.html

Brave Heart, M. Y. H. (1998). The return to the sacred path: Healing the historical trauma response 

among the Lakota. Smith College Studies in Social Work, 68(3), 287-305.

Gardner, J., & Melton, A. (n.d.). Public Law 280: Issues and concerns for victims of crime in Indian 

Country. Retrieved from http://www.tribal-institute.org/articles/gardner1.htm

Gonzales, A., & Stansbury, M. (2006). Timeline of U.S. American Indian policy and its impacts. 

Ithaca, NY: Cornell University. Retrieved from http://aip.cornell.edu/cals/aip/outreach/tiwp/

upload/indian_history.pdf

National Congress of American Indians. (n.d.) An Introduction to Indian Nations in the United 

States. Retrieved from http://www.ncai.org/about-tribes/Indians_101.pdf 

Richland, J., & Deer, S. (2010). Introduction to Tribal legal studies. (2nd ed.). Lanham, MD: AltaMira 

Press. 

Rubin, T. (1992). Tribal courts and State courts: From conflicts to common ground. State Court 

Journal, 16(1), 17–20,34. 

The Uintah Basin TAH (UB-TAH) Project. (2006). History timeline: Selected dates in Indian history 

and Indian education. Retrieved from http://www.uintahbasintah.org/papers/aieducation.pdf

U.S. Department of Health and Human Services. (2011). The AFCARS Report: Preliminary FY 2010 

estimates as of June 2011 (18). Retrieved from http://www.acf.hhs.gov/programs/cb/stats_

research/afcars/tar/report18.htm

Wilkins, A. (2008). State-Tribal Cooperation and the Indian Child Welfare Act. Retrieved from 

http://www.ncsl.org/print/statetribe/ICWABrief08.pdf
Tribal-State Relations http://www.childwelfare.gov

Tribal-State Relations Timeline

1962

1934

1776

1887

1789

1835

1492 1492–1789 (Colonial Period) Setting precedence 

for future dealings, Colonial governments had a 

government-to-government relationship with 

Tribes and entered into treaties for lands. 1776–1789 (Confederation Period) Along with 

the American Revolution and the passage of the 

Articles of Confederation, this era was a time of 

great conflict between national and State 

governments over Indian affairs and lands

1789–1835 (Trade and Intercourse Act Era)

The U.S. Constitution is adopted and Congress 

enters into treaties with Tribes. 

1861

1835–1861 (Removal Era) Under President Andrew 

Jackson, Indian titles and ownership of lands were 

terminated and the U.S. Government forcibly removed 

Tribes from Indian Country. Tribes were banished to 

designated "Indian Territory" in western States.

1861–1887 (Reservations and Wars Era) 

As throngs of American settlers moved west, 

violence broke out between American Indians 

and Whites as Natives fought against the Federal 

Government takeover of their lands. The period 

ended with the Battle of Wounded Knee in South 

Dakota and the massacre of hundreds of American 

Indians. 

1871 1871–1934 (Period of Allotment and Assimilation) American Indians were 

forced out of the "Indian Territory" to which they had been relegated. The 

Federal Government refused to allow Tribes to communally own property and 

instead turned their lands over to settlers. This era is also known as the Boarding 

School Movement because Native children were removed from their homes and 

placed in Bureau of Indian Affairs-run boarding schools. Children were forbidden 

from speaking their Native language, practicing Tribal rituals, or participating in 

any aspect of their own culture. At one point, there were more than 100 Federal 

Indian schools. The trauma of removing children from their families, forcing 

assimilation through abuse and neglect, and banning cultural practices strongly 

affects American Indian and Alaska Native people to this day.

1940

1934–1940 (Indian Reorganization Act) 

The Indian Reorganization Act reinstated Tribal 

self-government and developed federally funded 

education programs, health care programs, and 

other systems to preserve the Native culture. 

During this time, Tribes also adopted constitutions 

and established Tribal councils.

1940–1962 (Termination Period) In another setback for 

American Tribes, the Federal Government stopped recognizing 

Tribes as separate entities from the States in which they resided. 

Management of Tribes and their lands was handed over to private 

organizations as Public Law 280 eliminated Federal jurisdiction for 

Indian Country. The Federal Government fell back into a pattern 

of assimilation and "mainstreaming" of American Indians.

2012

1962–Present (Period of Self-Determination) 

The Federal Government again abandoned its termination policy and began to

restore rights and privileges to Tribes and conditions on reservations improved. 

Visit the Library of Congress for current legislation, https://thomas.loc.gov

Among the many laws passed are:

The Economic Opportunity Act (1964) – P.L. 88-452

The Indian Civil Rights Act (1968) – P.L. 90-284

The Indian Education Act (1972) – Title IV of P.L. 92-318

The Indian Self-Determination and Education Assistance Act (1975) – P.L. 93-638

The Tribally Controlled Community Colleges Act (1978) – P.L. 95-471

The Indian Child Welfare Act (1978) – P.L. 95-608

The Indian Tribal Government Tax Status Act (1982) – Title II of P.L. 97-473

The Indian Land Consolidation Act (1983) – P.L. 97-459

The Elementary and Secondary School Improvement Amendments of 1988 – 

P.L. 100-297

The Indian Gaming Regulatory Act (1988) – P.L. 100-497

The Indian Child Protection and Family Violence Prevention Act (1990) – P.L. 101-630

Native American Housing Assistance and Self-Determination Act (1996) – 

P.L. 104-330

Indian Land Consolidation Act (Amendments of 2000) – P.L. 106-462 

Indian Tribal Justice and Legal Assistance Act (2000) – P.L. 106-559

2011

2000

2000 The Bureau of Indian Affairs issued an apology 

for generations of forced assimilation, ethnic cleansing, 

and other attacks against the Native culture that continue 

to affect so many American Indians and Alaska Natives today. 

2011 U.S. Department of Health and Human Services Secretary, 

Kathleen Sebelius, sent a letter to each of the 50 State Governors, 

explaining the importance of Tribal consultation and urging 

Governors to consult with Tribes on federally funded programs. 

Many other laws and policies have been enacted to restore the 

government-to-government relationship between the U.S. 

Federal Government and American Tribes and such work 

continues today. 

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau