Known as the Five Nations, the Osage, Caddo, Kiowa, Comanche, and Wichita Tribes are indigenous to the southwestern lands of what is now the State of Oklahoma. Under the Dawes Severalty Act of 1887 (also known as the General Allotment Act), communally owned tribal lands were distributed in individual allotments.14 Each head of household was allotted a 160-acre plot and encouraged to farm; individuals over the age of 18 received 80 acres. The remaining territory was sold or opened to homesteaders. Allotment of the former Kiowa-Comanche-Apache Reservation land occurred between 1903-06. The federal government held the allotted land in trust for 25 years, after which time the title was ceded to the household head and U.S. citizenship was granted. In 1904, the Territory of Oklahoma achieved statehood and former tribal lands were opened to non-Indian homesteaders. As a result, current members of the Kiowa Tribe no longer live on a reservation, but instead reside on allotted trust or fee land in rural southwestern Oklahoma. Most Kiowa reside in the towns of Carnegie and Anadarko (in Caddo County), although there has been some recent out-migration to the town of Lawton in Comanche County, where tribal members can acquire homes on trust land.

There are 39 tribal governments in the State of Oklahoma, all but two of which are federally recognized as sovereign nations or have applied for federal recognition. More than 380,000 tribal members live in the state. The Cherokee Nation, the second largest tribe in the U.S., has over 222,000 members; the smallest tribe in the state is the Modoc Tribe, which has about 200 members.

The Bureau of Indian Affairs (BIA) maintains two regional offices in the state to administer federal programs. The Eastern Oklahoma Regional Office is located in Muskogee, and the Southern Plains Regional Office is in Anadarko, approximately 25 miles from the Kiowa Tribal Complex in Carnegie. The former Kiowa-Comanche-Apache Reservation encompassed Caddo, Comanche, Cotton, Kiowa, and Tillman Counties in southwestern Oklahoma. These same counties currently comprise the Tribe’s five-county service area.

The 1995 FP/FS plan reported 3,051 tribal members under 18 years of age in the tribe’s service population. According to the 2000 PSSF plan, this population had decreased slightly, to 2,911. A minimum blood quantum of ¼ is necessary for Kiowa tribal enrollment. The Kiowa do not have a clan system; rather, social organization is based on the classificatory kinship system. In this system, collateral and lineal relations are classed or merged, such that a parent and his/her sibling of the same sex are known as “father” or “mother.” Siblings and parallel cousins refer to each other as “brother” or “sister,” and a nephew or niece is referred to as a “son” or “daughter.” These relationships are expressed in modes of child fosterage.

• Population characteristics: According to the Oklahoma Indian Affairs Commission, there are 11,200 enrolled members of the Kiowa Tribe (statewide, all tribal enrollment is approximately 594,000). The population of the Kiowa-Comanche-Apache-Fort Sill Apache Oklahoma Tribal Statistical Area (OTSA), which comprises the original tribal lands, is 193,260.15 According to Census 2000 data, the American Indian population is 8,730 when considering one racial category. With regard to multiple racial classifications, there are 12,990 American Indians in the Kiowa-Comanche-Apache-Fort Sill Apache area. Statewide, the American Indian population is 273,230, representing approximately 8 percent of the total number of inhabitants.

As seen in Exhibit 1 (below), the rural five-county service area is sparsely populated. There are approximately 2-26 persons per square mile in Caddo, Cotton, Kiowa, and Tillman Counties; Comanche County is more densely populated, with 70-188 inhabitants per square mile. Within the five-county service area, Caddo County has the largest concentration of American Indians, representing nearly 25 percent of the population, whereas the American Indian population in each of the remaining counties is less than 10 percent.16 Approximately one-quarter of the population in each county is under the age of 18. The median household income ranges from $24,828 in Tillman County to $$33,867 in Comanche County; more than 21 percent of the population in Caddo and Tillman Counties lives below the poverty level.

Exhibit 1
Selected Characteristics of the Five-County Service Area

	Caddo	Comanche	Cotton	Kiowa	Tillman	Oklahoma
Total population (2000)	30,150	114,996	6,614	10,227	9,287	3,450,654
American Indian and Alaska Native population (2000)	24.3%	5.1%	7.4%	6.3%	2.7%	7.9%
Population under 18 years old (2000)	28.5%	27.8%	25.4%	24.2	26.7%	25.9% 17
Median household income (1999)	$27,347	$33,867	$27,210	$26,053	$24,828	$33,400
Persons below poverty (1999)	21.7%	15.6%	18.2%	19.3%	21.9%	14.7%
Land area in square miles(2000)	1,278	1,069	637	1,015	872	68,667
Persons per square mile(2000)	23.6	107.5	10.4	10.1	10.7	50.3
Metropolitan area	None	Lawton, OK MSA	None	None	None	NA

Source: Census 2000.

 

According to stakeholders, “jobs are not plentiful and there are few prospects [for employment] in the area.” As one stakeholder noted, “There is no work here. People have to leave the reservation [to find work] in order to come back.”18 A client of the CFS program described his wife’s four-hour daily commute to her job in a hospital in Oklahoma City. The Kiowa Tribal Complex in Carnegie (Caddo County) is the largest employer. Some Kiowa work in the local hospital, the county government, or in service sector jobs (e.g., filling stations). The unemployment rate for tribally enrolled members is 61 percent, according to recent BIA labor force statistics. Kiowa no longer engage in seasonal labor to harvest peanuts and cotton; stakeholders assert that these wages have been depressed by an influx of Mexican migrant laborers.19

According to a 1997 economic census report, the largest industry in Caddo County is retail trade; there are 142 such establishments employing approximately 1,000 individuals. Food services and accommodations are the second largest industry, with 48 enterprises and 300 employees. The next largest industry is the health care and social assistance sector, which employs 420 persons.

• Tribal governance structure: The Kiowa constitution was ratified in 1970. At present, the eight-member Kiowa Business Committee leads the tribe. The committee leadership consists of a chairman, vice chairman, secretary, and treasurer. The chairman is elected to a three-year term. Four committee members are elected to serve two-year terms, but they do not have governing responsibilities and are not directly involved with tribal services. Although the business committee oversees tribal administration, it does not play a role in directing departmental programming. The committee has the power to recall a chairman if there is no confidence in his/her leadership. Elections are held twice a year. In June, Kiowa voters elect the committee, and in November, voters decide tribal issues.

  The by-laws require that business committee meetings be held on a monthly basis and open to the public. According to the protocol, once agenda items have been resolved, community issues are raised. A quorum of five is needed to approve and adopt resolutions. All department directors are required to attend committee meetings twice a year, in April and October.

• Tribal court: The BIA Court of Federal Regulations/Court of Indian Offenses was established in 1978, as a result of landmark legislation that eliminated state jurisdiction over Indian crimes on the reservation. The court has jurisdiction over all Indian Child Welfare Act (ICWA) of 1978 cases, civil, criminal (misdemeanors only), juvenile, family, and probate cases on trust property,20 and hears approximately 1,600 cases annually, with 400-600 new cases filed per year. The court serves the Apache, Caddo, Delaware, Ft. Sill Apache, Kiowa, and Wichita Tribes, while the Comanche Tribe has its own tribal court.

  One BIA-appointed judge serves on the Court of Federal Regulations (CFR), which is in session two times a week. There are two court clerks; due to financial constraints, they are the only full-time staff. The prosecutor presently works four days a week (although in 4-5 months this position will revert to part-time hours). Stakeholders acknowledged a dire need for more court personnel. The appellate court has three judges and can draw upon a fourth judge, if needed.

  Child welfare cases come before the CFR in two ways. First, the court accepts “transfers” from the state courts via the parent’s request. Second, the court has original jurisdiction on trust property. Child welfare cases are represented by a guardian ad litem (GAL). If needed, the judge will appoint counsel for the parent(s). Attorneys from Oklahoma Legal Services are also appointed as GALs and represent parents.

  The court hears approximately 60 child welfare cases per month, including Child in Need of Supervision (CINS) and neglect petitions. Cases are reviewed at three months and then again at six months. A 12-month permanency review is held, according to the requirements of the Adoption and Safe Families Act (ASFA) of 1997. Counsel is required at the preliminary hearing for cases involving abuse/neglect or supervision. Parties to the case are not required to attend subsequent hearings. The Kiowa Tribe ICW program monitors all dependency cases in the court.

  The CFR is a court of record, which means its decisions are binding in state courts; tribal decisions are accorded “full faith and credit.” According to stakeholders, the CFR and state courts have a positive working relationship and respect each other’s jurisdiction. Judges from the two courts often confer, particularly with regard to ICWA and custody cases. In such highly contested and emotional cases, parents tend to “play each court against the other” (referred to as “forum shopping”) in order to gain advantage. In other cases, the CFR might withdraw a court order if resources are not available (particularly for cases requiring mental health and violence interventions), thus ceding jurisdiction to the state and the Department of Human Services (DHS).

  The CFR enforces its decisions through: (1) contempt citations; and (2) ICWA provisions (e.g., suspending visitation and contact, withholding reunification, petitions for involuntary termination of parental rights (TPR)). All CFR decisions, including ICWA and custody, can be appealed in the appellate court.

  With respect to ASFA, stakeholders indicated that “we recognize family interests and have always tried to move as fast as possible” to achieve permanency for the child. ICWA, on the other hand, has given the court greater power to have child welfare cases transferred to tribal jurisdiction from state courts, in the belief that tribal courts are more “culturally able” to assess family situations and to make judgments based on an understanding of traditional practices. For example, the CFR will not punish a person for leaving a child with kin, whereas the state court may interpret such behavior as “abandonment.” The CFR stresses cooperation and problem solving in its approach to working with families on child welfare issues, and considers this approach to be less adversarial and more helpful in promoting reunification efforts.

• Revenue generation: Although the Kiowa Tribe is not presently operating with a budget deficit, greater resources are needed. However, the tribe has limited ability to generate resources.21 Sources of revenue are: (1) tax commissions; (2) fee rentals for grazing and farming on trust land; and (3) monies derived from a joint settlement awarded to the Kiowa, Comanche, and Apache Tribes in 1974 (these funds are disbursed annually by the BIA). The tribe recently opened a smoke shop under a Tribal/State Tobacco Tax Compact.22 Kiowa tribal members no longer receive a per-capita payment.

  In June 2001, the tribe was ordered to close the Kiowa Grand Center gaming enterprise due to questions regarding the legality of some gaming devices. The Kiowa Tribe does not have a compact with the State of Oklahoma, nor does the state allow Class III gaming (e.g., blackjack). The gaming center, which had opened in 1997, employed 50 people.

II. Family Preservation/Family Support and Promoting Safe and Stable Families

A. Tribal Planning Process23

In developing the FP/FS program, the Kiowa Tribe focused on providing a set of services to promote family stability and prevent the breakup of Kiowa families. Prevention services provided by the CFS program were designed to complement the intervention services provided by the pre-existing ICW program. The underlying premise for the tribe’s family preservation and support services is that if a family cannot meet its basic needs, the risk of child abuse or neglect increases.

Tribal Planning Group: In developing the FP/FS plan, the Kiowa Tribe met with a number of key stakeholders, as well as representatives in the community and at the county, state, and federal levels. At the outset, the tribe recognized “the need to get the right people to work together within institutions.” This “core group” consisted of representatives from the Kiowa Tribal Social Services Department and other tribal programs and entities: Head Start; Higher Education and Adult Vocational Training program; Kiowa Emergency Youth Shelter (KEYS); Indian Health Service (IHS), Carnegie Unit; Kiowa Alcohol and Drug Abuse program; and the ICW program. Other representatives included two tribal members and a member of the tribal council.

Reaching outward to the community to develop the plan, the Kiowa Tribe conducted a needs assessment survey of tribal members. In addition, it met with its service partners (also referred to as the “caregiver” organizations) in the five-county service area, and with state representatives regarding the five-year state plan. The tribe also met with Administration for Children and Families (ACF) representatives from Region VI. Finally, it solicited the leaders of other local tribes for their input into the plan, seeking advice both from tribes that would receive FP/FS funding and those that would not.

Members of the core group continue to assist the CFS program by providing advice and as referral sources or key service providers. As of 1999, the core group had expanded to include representatives from: Tribal Security; the Tribal Administration on Aging; Carnegie Public Schools Indian Education; and the Carnegie Police Department. The core group, which meets annually, has been instrumental in maintaining continuity in service delivery. However, stakeholders noted that one barrier to continuity is that key personnel within departments are subject to changes in job status due to alterations in tribal governance and administration.

The Kiowa Tribe received technical assistance in planning from the federal Department of Health and Human Services (DHHS), Region VI representative.

Needs Assessment: The planning process was informed by a needs assessment survey. The Kiowa Tribe contracted with an evaluator to administer the 25-item survey to tribal members in the three large Kiowa communities of Hobart, Anadarko, and Carnegie, OK. Based on the results of the 1994 survey, tribal members identified the following areas in which further assistance was needed:

1. Parenting classes;
2. Housing assistance and home repairs;
3. Low-income energy assistance needs;
4. Financial assistance to meet basic material needs (i.e., food and shelter); and
5. Kiowa history and language program for youth.

When asked to identify barriers to service delivery, tribal members indicated the following: (1) lack of information; (2) long waits for services; (3) confidentiality concerns; (4) eligibility restrictions; (5) poor quality of services; (6) lack of transportation; and (7) prior bad experiences.

The needs assessment survey was conducted again in 1999 to inform the development of the 2000-2004 PSSF plan. Needs identified at that time were:

1. Financial assistance to meet basic material needs (i.e., food and shelter);
2. Housing assistance and home repairs;
3. Health services;
4. Kiowa history and language program for youth; and
5. Social service needs.

When asked to identify the problems they faced when accessing services, tribal members noted that lack of transportation was a major barrier. In addition, tribal members reported delays in receiving services and a lack of improvement in service quality. They also expressed distrust related to the poor quality of services and overt discrimination they had experienced in the past. Lack of information was perceived as yet another problem.

The needs assessment is conducted every two years. Consumer/family involvement with the PSSF program is achieved through the needs assessment.

Goals and Objectives: Through the CFS program, the Kiowa Tribe seeks to restore traditional modes of child rearing and family cohesion. The program’s goals are twofold: (1) to protect Kiowa children and ensure the stability of families; and (2) to promote better parenthood through flexible services. These goals have guided the program for the past eight years.

Tribal Involvement in State Planning Process: The Kiowa Tribe did not participate in the state’s initial FP/FS or subsequent PSSF planning processes.24 However, as noted previously, the tribe did meet with the state to gain input into the tribe’s five-year plan.

B. Implementation

Administration and Monitoring: The tribal social services director is responsible for the administration of the CFS program. The program submits annual reports to the Region VI representative at the DHHS, Administration for Children and Families.

Service Delivery: In connection with the Kiowa Tribe child welfare program, the tribe provides family support services to Kiowa families, youth, and children in the five-county service area through the CFS program. The mission of the program is to prepare and help parents care for their children, so that they grow up to be healthy, educated, self-sufficient, safe, and revered adults. Eligibility requirements are as follows:

1. Children must be a member of, or eligible for, membership in the Kiowa Tribe;
2. The family must reside in Indian country (trust land); and
3. The family should reside in the five-county service area to qualify for tribal exclusive jurisdiction. However, the tribe’s ICW program will intervene in all cases involving the removal of an Indian child.

As noted previously, the CFS program provides a discrete set of services geared toward meeting basic needs and preventing the breakup of the home. Stakeholders noted that “there’s a lot of needs,” such as basic survival, education, employment, transportation, mental health, alcohol and drug abuse, and diabetes. The Kiowa actively seek support, as they are very family-oriented. According to one stakeholder: “Folks tell us how to work with the family even before we get the referral!”

There are four elements in the CFS program, which seeks to provide a safety net for families to prevent the incidence of child abuse and neglect. Each element is briefly described below.

The first element of the program involves connecting parents to resources and services. Making extensive use of a network of tribal, federal, state, and local resources across the five-county area, the CFS program brokers relationships and refers families at risk to counseling, mental health, parenting, and substance abuse providers. (These providers and services are detailed in section IV “Other Human Services”).

The second program element centers on educating parents about creating a safe and healthy home environment for children. The CFS program contracts with a tribal elder to provide home-based services to families (often provided as follow-up services to counseling or reunification). Depending on the family’s needs, the elder will teach the family about topics such as Kiowa child-rearing practices, household budgeting, and housekeeping. Six sessions or home visits are provided over a period of four weeks, diminishing in intensity over time from twice a week to once a week.

The third program element consists of assistance to meet basic survival needs.
Referrals for this service often come from child-oriented tribal organizations or from families who self-refer. Although the program does not provide direct cash transfers, it does offer the following forms of financial assistance:

• $50 voucher to purchase basic necessities;
  
  
• Long-distance phone card provided to children and youth in foster care so that they may contact parents;
  
  
• Purchase of a basic consumer item (e.g., a stove). [In this case, the client must provide three bids from vendors to establish the lowest price. Quotes are faxed to the program office. The tribe does not provide direct assistance to the family, but will provide payment to the vendor.]; and
  
  
• Payment of an overdue utility bill. [If a family falls behind on paying a bill and needs immediate assistance to prevent a disruption in service, the tribe will provide payment to continue service. Once a client makes a request, the tribe requisitions the payment. Then, a letter of intent is forwarded to the utility company. This letter serves as a guarantee that funds are forthcoming, so that the utility company will withhold terminating services. Otherwise, the family will have to pay $250 to have service restored.]25

The final element of the CFS program concerns community education. The CFS program offers sessions focused on family dynamics and parenting skills to families at risk or involved with the court. However, the program has not had the level of attendance desired; according to staff members, one barrier is that families do not understand the importance of prevention and tend to be crisis-driven. The community education efforts are an important part of changing that cultural mindset. In recent years, the program has expanded its focus to reach youth and works closely with the Carnegie public school system.

Funding: The CFS program is funded solely through title IV-B, subpart 2 ($28,480), and complements the ICW program, which is funded by title IV-B, subpart 1 ($33,094 for FY02). The Kiowa Tribe uses ICW funds (title II) to meet the match for the PSSF program.26 A portion of the PSSF funds is used for the salary of the ICW coordinator.

Evaluation: The tribe evaluates program implementation by: (1) collecting output data on service providers; (2) conducting a satisfaction survey of clients; and (3) soliciting feedback from the tribal community and the core group involved in PSSF planning.

III. Indian Child Welfare Services

The Kiowa Tribe Department of Social Services (DSS) administers the Jack Rabbits Day Care program, General Assistance program, Child/Adult Protection program, and the Kiowa Tribe child welfare program, which consists of services provided by the ICW program and the CFS program (i.e., the PSSF program that was discussed in the previous section).27 The social services program has been in operation since 1979.

Stakeholders noted that there is strong inter-tribal cooperation and collaboration regarding Indian child welfare: “When there is a need, we work with each other. We will help any worker out with anything we can.” There is also strength in numbers. There are 16 tribes in the Anadarko Area, and each has a tribal social service program funded by the BIA. Ten tribes, including the Kiowa, have tribal child protection workers (CPW). The Bureau has two additional CPW, each serving five tribes. In addition, there are seven child protection teams (CPT) and 22 ICW programs within the jurisdiction of the Anadarko area office. Four tribes have emergency shelters, including the Kiowa. Another key player in the delivery and coordination of child protective services and Indian child welfare is the Department of Human Services (DHS), which has an office in each county. The county DHS handles child abuse complaints, court-ordered custody, foster care, adoption evaluations, and placements.

In the following section, child protection, case management, foster care, adoption, and other child welfare services are described, within the context of tribal and state jurisdiction.

Child Protection Services

Child abuse and neglect referrals originate from multiple sources and require coordination with the county DHS to determine jurisdiction, custody, and case management. Some reports of child abuse and neglect bypass the county DHS and go directly to the tribal CPW. Reports are also made to the CFS program by staff at other tribal programs, such as Head Start or Higher Education. In sum, child welfare referrals come from multiple sources, and proceed along both formal and informal channels.28

Once a report is accepted for investigation by the county DHS, the next step is to determine whether it should be referred to tribal social services or remain with the county DHS.29 Cases are referred to the tribal CPW to determine tribal affiliation and whether the child lives on trust or non-trust land (the tribe only investigates cases regarding Kiowa children). The CPW notifies the Enrollment Office, which must verify whether the child is a tribal member or eligible for services.30 The CPW also notifies law enforcement in order to determine whether the child resides on trust or non-trust land.31 Upon making this determination, either the tribe or the county DHS will handle the investigation. Thus, if the child is an enrolled or eligible tribal member and lives on trust land, then the tribe assumes jurisdiction.32 On the other hand, if the child lives on state land, then the county DHS retains jurisdiction (regardless of whether the child is a tribal member or eligible for services).33 An ICW worker may accompany the state child welfare workers to conduct joint cooperative investigations.34 Likewise, the BIA Southern Plains Regional Office may co-investigate a case with the tribal CPW.

The respective CPW (tribal or DHS) opens an investigation and determines the level of risk to the child. This risk determination then establishes the required response time according to one of three priority levels:

• Priority One: Imminent danger and threat of serious injury. Response must occur within 24 hours;
  
  
• Priority Two: No imminent danger of serious injury, but the child will not be safe without intervention. Response must occur within 48 hours to 15 calendar days, depending on the degree of risk; and
  
  
• Priority Three: No imminent danger or injury alleged. Response must occur within 15-30 calendar days.

The rapid-response system in place to assist a child in imminent danger was described by the tribal CPW as follows. Within one hour of receipt of a call: (1) the tribal prosecutor and judge issue a court order; (2) the status of the child’s domicile and enrollment status are verified and transmitted; (3) a child protective services (CPS) worker contacts law enforcement (i.e., the BIA or FBI) and meets with them to remove the child; (4) the Kiowa ICW coordinator is contacted; and (5) KEYS is notified that a child is on his/her way. If the shelter is filled, the child will be taken to another tribal shelter.35

In cases concerning sexual abuse, the Southern Plains regional investigator is contacted, along with the FBI in Lawton, OK. In such cases, the child is taken to the Oklahoma City Advocacy Center, described as a “child-focused, center-based program that serves to prevent further victimization of children who are sexually or physically abused or neglected.”36 Investigation and treatment efforts are coordinated at the Advocacy Center (e.g., interviews, medical exams, physical and mental health referrals, and support services). All necessary interviews with the child are conducted on the same day to eliminate the trauma of repeat questioning. There are 13 fully functioning centers in the state, and three more are under development. The Kiowa Tribe has a memorandum of understanding with the Advocacy Center.

Based on the investigation, one of four findings will be made: (1) services not needed; (2) services recommended; (3) confirmed and services recommended; or (4) confirmed and court involvement needed. In instances where the finding is “services are recommended” or “confirmed and services are recommended,” the case will be referred to the CFS program for assessment, case management, and referrals to services. In instances where abuse or neglect is “confirmed and court intervention is needed,” the case is referred to the court or the district attorney, who makes the decision to file a “deprived petition” in juvenile court or to file criminal charges against the parent and/or caretaker. An example of the monthly activity of the Kiowa Child/Adult Protection unit is presented in Exhibit 2 below.

Indian Child Welfare

In cases where a child or a sibling group needs immediate protection, the CFR or a law enforcement officer will place the child(ren) in protective custody, and the judge will issue a court order. Depending on whether the county or the tribe has jurisdiction, either the county DHS or the Kiowa Tribe ICW program has legal custody of the child(ren). If the county DHS has legal custody of the child, the child is placed in a foster home, a shelter, or with kin; out-of-home placements are subject to the requirements of ICWA and bound by the terms of the tribal-state title IV-E agreement. Upon issuance of an order from the CFR, BIA law enforcement officials transfer custody of the child(ren) to the Kiowa Tribe ICW program. If a child cannot be placed with kin, then he or she is placed at KEYS, which is located within the Tribal Complex. Stakeholders noted that kin often intervene at the last minute to prevent the placement of child in the shelter, and will foster the child in a kinship care arrangement. Kin care is most often provided by an “auntie” or a grandmother.

Referrals to the shelter are made directly by CFS staff, and the intake procedure occurs by telephone.37 The shelter is open to Kiowa children and youth, but will accept children from other tribes in emergency situations, subject to the approval of the tribal social services director. For example, children from the Apache, Caddo, Comanche, Choctaw, and Ponca tribes have stayed at the shelter. KEYS can accommodate up to 10 children and youth, from birth through age 17, for up to 30 days, although stakeholders acknowledged that the 30-day time limit is often exceeded, by necessity. The shelter is open 24 hours a day and has a staff of five, who work in three shifts.38 KEYS staff provide counseling, alcohol and drug abuse, and crisis services to children and youth. Service plans are coordinated with the Kiowa Tribe ICW program, which retains case management responsibilities. Medical services are provided by the Kiowa Tribal Clinic (located next door to the shelter).39 However, as soon as a child is removed, the ICW staff secures a state medical card (i.e., Sooner Start) that enables greater access to services.

Stakeholders described an alternate process in which children and families at risk come to the attention of the Kiowa Tribe DSS. When a family is in need, other family members often intervene and discuss placing a child with a relative. Then they come to the Kiowa Tribe child welfare program to discuss a possible service plan or to transfer custody of the child(ren).40 According to stakeholders, child fosterage with relatives “is normal and happens all the time.”

Prior to the “show cause” hearing, the ICW staff will meet informally with parents to mediate a settlement. If the parents agree to stipulate to a petition, the staff will put together a service plan with the goal of reunification, provide case management, and refer parents to services and/or treatment.41 After adjudication, the ICW program continues to monitor the case, attends court proceedings, and assists parents in meeting court-ordered obligations.

The ICW program intervenes in all dependency cases involving Kiowa children, including those out-of-state and placed with kin, in tribal homes, and institutions. During program year 2001, there were 24 cases in the CFR, involving 43 children; these cases were monitored by the ICW staff. (Three cases involving six children were dismissed, two cases resulted in guardianship, and one child aged out of the system). The program monitored 24 cases in Oklahoma state courts. According to program staff, the tribe is transferring fewer cases to the CFR than in the past; more cases are being left in the state courts.42 This is due, in part, to an improved working relationship between the tribe and the state and a freer flow of information. Resources are another consideration: oftentimes, the state can provide better services for the child(ren) and family, and this will promote reunification. Tribal stakeholders acknowledged that there is more strategic thinking concerning case transfer now than in the past. Years earlier, transfers were highly politicized issues, motivated in part by the desire to assert tribal sovereignty, as well as to serve children.

In the 2001 program year, staff monitored 12 out-of-state cases, and the program intervened in 16 cases, with the result that three cases were transferred to the CFR for the Kiowa Tribe. In addition, one case resulted in guardianship, and three cases were dismissed. The ICW program recently intervened on behalf of a Kiowa family living in Tennessee. The parents were at risk of having their rights terminated, as they were unable to care for their children. The ICW staff argued against termination due to “compelling reasons” of poor health compounded by mild mental retardation. ICW staff then worked with the State of Tennessee to arrange for a long-term foster care plan that allows the parents to visit their children once a week.

Tribal-State Title IV-E Agreement

Since 1982, the Kiowa Tribe has had a title IV-E agreement with the State of Oklahoma that is re-negotiated each year. The terms of the agreement are:

• Out-of-home placement: The child is placed in the “least restrictive setting appropriate to his or her special needs” and one that “approximates his or her family” and is “within reasonable distance to his or her home.”
  
  
• Required placement guidelines (in order of preference):
  • Member of the child’s extended family;
  • Kiowa Indian foster home (licensed, approved, or specified by the tribe);
  • Indian foster home licensed or approved by the tribe;
  • Foster home licensed or approved by another tribe (subject to approval of the child’s tribe).
    
    
• Exchange of information:
  • The state DHS provides to the tribe all information regarding a Kiowa child in departmental custody “so that it can review and evaluate proposed placements, TPR actions, and adoptive placements.”
  • The tribe provides to the state DHS “sufficient information” regarding a child in tribal custody in order to assess compliance with federal eligibility requirements.

Through this agreement, the ICW program recruits, certifies, licenses, and monitors foster homes. The tribe also conducts home studies, national criminal record checks, and the Oklahoma State Bureau of Investigation (OSBI) name searches for prospective foster families. Foster homes are evaluated on an annual basis. The tribe provides training to foster parents, makes placements, and monitors the foster care placements. At the conclusion of the 2001 program year, 31 foster homes were certified. ICW staff noted that many times a family asks to be certified in order to care for kin. However, when the child(ren) are returned to their parents, the foster home then requests that no more children be placed.43 Under the title IV-E agreement, the state DHS may place children in departmental custody in Kiowa foster homes, given the limited number of Indian families available to serve as foster family homes.44 ICW staff members maintain keen oversight over cases to justify out-of-home placement for purposes of title IV-E compliance and reimbursement.

The Kiowa Tribe takes an active role in adoption proceedings and acts as a liaison with the BIA, the IHS, state and county social services, the CFR, other tribal courts, and State of Oklahoma courts. According to stakeholders, the tribe and the courts have good rapport and a good working relationship. For example, the county court allows the ICW staff access to case files in order to monitor the placement of an Indian child. The county DHS also regularly informs the tribe when an Indian child is in its custody.

The Adoption and Safe Families Act (ASFA) of 1997

According to stakeholders, the ASFA has helped to: (1) shorten the length of time a child spends in out-of-home placement; and (2) address permanency planning at an earlier stage. ASFA is adhered to in all case plans developed by the ICW staff.45 Both the CFR and the ICW program adhere to the ASFA-mandated timeframes, although various stakeholders note that this is not easily achieved. “Healing within families” often takes more time than the ASFA allows. Stakeholders indicated that it is preferable to transfer cases to the CFR and tribal jurisdiction before a case reaches TPR. They have observed that state judges tend to “push” for TPR; however, the provisions of ICWA counteract this propensity and challenge terminations. For example, the state cannot proceed immediately to an involuntary TPR for a second child if rights were already terminated for another child. The state is required to make active efforts and to provide a 90-day treatment plan for the parent, per ICWA requirements.

The Ryan Luke Bill

In May 1996, the governor of Oklahoma signed the Child Abuse Prevention Act (H.B. 2053) in order to strengthen the state’s response to child abuse and neglect cases. Known as the “Ryan Luke Bill,” it is named after a toddler who was fatally injured by his mother while he was in the legal custody of his maternal grandfather. The high-profile case sparked a public outcry and a critical examination of the child welfare system. Provisions of the bill are:

• Required monitoring by the court for one year after a child involved in an abuse or neglect situation is returned to parental custody;
  
  
• Required training in child and domestic abuse for all judges involved in such cases;
  
  
• Required court-appointed special advocates to be available in all judicial districts, and appointment of an attorney to represent the interest of the child in abuse cases;
  
  
• Removing confidentiality from cases involving deaths and providing information to foster parents, law enforcement, and child welfare agencies;
  
  
• Requiring DHS to conduct criminal history investigations of prospective family members, and prohibiting placement of a child with a convicted sex offender or domestic abuser; and
  
  
• Permitting postponement of child placement rulings and reviews when a child’s welfare is endangered.

Tribes are not held to the provisions of the Ryan Luke bill. However, the county DHS must abide by these provisions and notify the ICW program of its findings.

A. Administration

The Kiowa Tribe provides social services through a 638 contract. The tribe has oversight over all social services and provides direct services related to Indian child welfare and child protection. Services for counseling, treatment, training, child care, and so on, are provided through a network of tribal organizations, county agencies, community-based organizations, and for-profit providers across the five-county service area. The Kiowa DSS administers the following programs: (1) child care; (2) child protection; (3) ICW (which includes the PSSF program); and (4) general assistance. KEYS is not part of this department, although the services are integrally connected.

Since 1983, the Kiowa Tribe has had a title IV-E agreement with the State of Oklahoma. Agreements with other tribal agencies for referrals or to use facilities are rooted in strong relationships. While seemingly informal (i.e., they lack written agreements), these relationships are based on traditional tribal modes of obligation, reciprocity, and solidarity.

Many cross-agency arrangements regarding service coordination and collaboration stem from interpersonal relationships that have been cultivated by ICW staff over the years. While there is a high turnover among social workers across agencies, at the administrative level there is greater continuity. Face-to-face relationships and well-established leadership in the community facilitate brokering and resource pooling.46

Various stakeholders remarked upon the lack of coordination at higher levels, noting that federal entities and the state are no longer coordinating efforts to enhance services and to communicate directly with the tribes. The BIA Regional Office requires uniform case reporting and record-keeping across the 24 tribes in the Southern Plains region (i.e., western Oklahoma, Kansas, and Texas), and this greatly facilitates tribal record-keeping.

B. Funding

For FFY02, the Kiowa Tribe received $33,094 in title IV-B, subpart 1 funds for child welfare services (P.L. 96-272). In addition, the tribe received $115,633 in title II, Indian Child Welfare grant funds (P.L. 95-608). (Other tribes in the area received $30-40,000). Since the early 1990s, the Kiowa Tribe has had a 638 contract with the BIA for the delivery of social services.47 This tribe receives $427,942 in funding, which is allocated as follows:

Tribal Social Services $247,097
Child Protection $ 13,000
Kiowa Emergency Shelter $167,845

Additional funds to support tribal social services are provided by the Kiowa Tax Commission ($10,000) and the 20% program ($40,000).

Child welfare service delivery is greatly enhanced by the flexibility afforded by the use of BIA Indian Child Welfare funds. These funds can be used as match for other child welfare and social services programs, thus allowing the tribe to apply for and receive additional funding that might otherwise be difficult to secure (i.e., if the tribe had to meet the match requirement using cash reserves). This relates specifically to:

• ICWA grant funds that allow tribes to use their programs as matches in dollars or in-kind resources; and
  
  
• The 638 contract funds used as match when tribes are seeking other services and funding.

Stakeholders noted that other federal agencies do not coordinate efforts when contracting with tribes. Also, the Kiowa Tribe has not received additional title II funding to support the activities of the Southern Plains CPT, whose funding is now depleted.

C. Connection with PSSF Programs

Whereas the CFS program supports families at risk and offers prevention services, the ICW program supports families that are “in the court system.” Together, the ICW and CFS programs provide a continuum of services for Kiowa children and families, regardless of their residence. The objectives of the Kiowa Tribe ICW program are to:

• Work with tribes and Indian organizations regarding child welfare matters;
• Assist tribal families to find resources to retain children in the home;
• Monitor state courts in child custody proceedings involving Kiowa children;
• Counsel Kiowa parents regarding child welfare laws;
• Assist Kiowa families by interpreting federal and state child welfare laws;
• Help Kiowa families find legal representation for children/parents in court proceedings;
• Assist parents to carry out court operations;
• Assist court and agencies to clarify Kiowa cultural values that impact on ICW cases;
• Provide Kiowa foster and/or adoption homes;
• Provide counseling services to abusive and neglectful parents; and
• Assist to prevent the breakup of Kiowa tribal families.

As noted earlier, the objectives of the CFS program are embedded within the ICW program: (1) assist tribal families to find resources to retain children in the home; (2) provide counseling services to abusive and neglectful parents; and (3) prevent the breakup of Kiowa tribal families. The ICW program also conducts seminars and community workshops on child abuse, neglect, and parenting as a prevention effort.

D. Major Initiatives

• The Kiowa Tribe has a title IV-E agreement with the State of Oklahoma to reimburse the tribe for out-of-home placements. The agreement began in 1985 and is renegotiated each year.
  
  
• KEYS is working toward state certification so the tribe can receive reimbursement from the county DHS. In doing so, the tribe would have to open up the shelter to all children. Meeting state certification standards requires (1) adjusting the staff-to-child ratio; (2) renovating the facilities (e.g., isolating the kitchen); (3) allowing third-party payment; (4) improving security; and (5) improving water quality. The tribe is presently working to renovate the facility and improve the water system.
  
  
• The Kiowa Tribe is a member of the Southern Plains Child Protection Team (CPT), which is composed of child welfare specialists from the following tribes: Apache, Caddo, Comanche, Delaware, Ft. Sill Apache, and Wichita.48 The coordinator of the Kiowa Tribe ICW chairs the team. Other members of the Southern Plains CPT are: (1) the BIA Regional Child Welfare/Child Protection Specialist; (2) an IHS representative; and (3) a child protection investigator from the Caddo County DHS.49 The CPT meets m onthly and serves many purposes: (1) to provide outreach and educational services to the community; (2) to engage in fundraising efforts; and (3) to staff cases, if needed, and make recommendations for services (team members are required to sign confidentiality statements). Through this inter-tribal collaboration, tribes share resources and information, thus “opening the door” to services for families. The CPT also brings in speakers to address topics of concern. For example, the coordinator of the Kiowa child welfare program has conducted ICWA training for new child welfare workers.50 The CPT is also a valuable resource in cases where a family has children with varied tribal backgrounds. Stakeholders noted that this is one of the major benefits of this collaboration.

The Southern Plains CPT joins together to provide services and conduct outreach during the American Indian Fair, a week-long event held each summer that is attended by hundreds of Indian families. Each tribe takes a turn monitoring the Lost Child booth during the fair. The Kiowa Tribe provided Kid-Care safety booklets, taking photographs of children and updating their vital information. At other times during the year, the tribes assist each other with fundraising (e.g., selling Indian tacos at a community event).

IV. Other Related Human Services

“We help each other. That is the only way we - as a people - are going to exist.”

Program Director, Kiowa Tribe of Oklahoma,
on making referrals and sustaining the Kiowa