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Hopi Tribe
Summary Program Description
The Hopi Tribe received approximately $267,150 in Promoting Safe and Stable Families (PSSF) funding between FY94 and FY01. For FY02, the Hopi Tribe estimates it will spend $32,124 in PSSF funding. PSSF funding has been used to fund a parent aide (PA) to provide in-home parent training, case management, and transportation services. Services are provided to families who have been referred from child protective services (CPS), schools, Head Start, the psychologist at the Hopi Guidance Center (HGC), or the courts. The purpose of the PA is twofold: 1) to act as a bridge between HGC and families resistant to services who are residing in autonomous villages; and 2) provide services to families who are in need of further CPS intervention. The PA works under the direction of HGC, which delivers all social and child welfare services on the Hopi Reservation.
Unfortunately, the lack of transportation on the Hopi Reservation has hindered the PA’s ability to provide services. According to stakeholders interviewed onsite, the PA spends a significant portion of her time transporting clients to and from appointments with other service providers. The end result is that the PA has very little time to provide parent training and case management services, as originally intended. This barrier to implementation has been recognized by HGC. However, until better roads are built on the reservation or a reservation-wide transit system is developed, the PA will continue providing transportation for those in crisis, who might otherwise be unable to access services designed to strengthen families and keep children in the home. Thus, although the PA is not providing the originally intended services, she nonetheless fills a void by ensuring that clients receive other necessary services.
The summary provided below is based on a review of the Hopi Tribe’s PSSF application, a site visit conducted in April 2002, and other tribal documents. It includes an overview of the context in which PSSF implementation occurred, as well as descriptions of the tribal planning process, the goals and objectives established, service delivery, barriers to implementation, and child welfare issues.
I. Context
The Hopi Reservation is located in the northeastern quadrant of Arizona and is bounded on all sides by the Navajo Indian Reservation. The reservation covers 2,439 square miles, or 1,561,054 acres. Most Hopi live in or near the twelve villages found along highway 264, within the three mesas that project outward in fingers from the enormous Black Mesa to the north. All villages are separate and autonomous, with the authority to establish their own governing policies as supported by the Hopi Tribal Council. The easternmost community on the Hopi Reservation is Keams Canyon. Although the tribe does not regard it as a traditional Hopi village, Keams Canyon nonetheless plays an important role on the reservation, as it is the seat of the Bureau of Indian Affairs (BIA) Hopi agency.1
Hopi family and political structures are divided into many powerful groups called clans. Each clan includes more than one family that traces its origin to a common, often mythical, ancestor. Hopi society is matrilineal: women inherit all property, and clan membership is traced through the mother's clan. Of the original 75 clans, 34 still exist and are spread throughout the 12 Hopi villages.
In Hopi culture, bringing a child into the world is viewed as an especially important responsibility. Different members of the child's paternal clan are given particular roles, such as naming the child and caring for the mother and child after the birth. In this way, each child begins his or her life in a web of clan relationships2, which can be equated with parental relationships and responsibilities.
The clan relationships, as well as the autonomy of individual villages, provide particular challenges to the delivery of services to the Hopi people. Service delivery is often further complicated by the fact that villages have priority in matters related to domestic issues, of which child welfare is one. (Although in some instances, villages do cede their authority when they determine that the matter is best handled by the court and HGC.) Additionally, Hopi families are hesitant to seek services outside of their clans because of the stigma attached to such actions. To help alleviate this situation, the current PA—a former service recipient herself—provides services within the villages as a way of reducing the perceived stigma. More importantly, the PA helps to bring known and previously unidentified high-risk families in need of services to the attention of HGC, and helps to draw them into supportive services.
The Adoption and Safe Families Act of 1997 (ASFA) and the Indian Child Welfare Act of 1998 (ICWA) provide their own unique challenges to the Hopi Tribe. ASFA has specific guidelines for permanency (i.e., adoption or return home) with regard to children under the care of the state/tribe. The provisions of ICWA mandate that states must inform a tribe about Indian children in state custody. The tribe then has the option of taking custody of the child or of leaving him/her in the custody of the state. In the event that return home is not possible, the tribe must seek adoption, according to AFSA. However, within Hopi culture, the concept of Termination of Parental Rights (TPR) is non-existent. Based on Hopi custom, child rearing is shared within the clan, and the immediate or extended family assumes responsibility for the care of related children in situations where the biological parents are unable to do so. This cultural distinction is still generally intact and continues to function within the Hopi culture. Thus, the challenge for the Hopi Tribe is to adapt this aspect of ASFA to fit within the tribe’s cultural norms. From the viewpoint of the Hopi, a better solution would be consideration of permanent guardianship as an acceptable permanency outcome. However, guardianship is not recognized as an outcome and therefore violates ASFA guidelines.
Population characteristics, governance structure, tribal court, and revenue generation are described below.
- Population characteristics: The Hopi Tribe has approximately 11,156 enrolled members. Of the total population, approximately 9,000 reside on the Hopi Reservation. The proportion of the tribal population living below the poverty level is 56 percent, compared to 15.7 percent statewide in Arizona. The average annual income is $17,521. Unemployment on the reservation is 27 percent, of which men represent 41 percent and women 59 percent.3 The Hopi Tribe averages about 25 referrals for child abuse and neglect (CAN) services per month.
- Tribal governance structure: The Hopi
Tribe’s governmental structure consists of three branches—executive,
legislative, and judicial. Members of the executive and judicial branches
are popularly elected for terms of four and two years, respectively.
The tribal council appoints members of the judiciary.
Traditional Hopi government is based on the divine plan of life laid out by Maasau, the Guardian of the Fourth World of the Hopi. From a traditional viewpoint, each village is a complete and independent government. The Kikmongwi is the village leader, head of all religious and non-religious authority, who controls village and clan lands. Yet, his power is limited, because traditional Hopi decision-making is based on community consensus rather than individual authority. Clans also play an important role in traditional village governance. A council of hereditary clan leaders assists the Kikmongwi and clan leaders in interpreting religious and cultural teachings that influence ceremonial events and the personal behavior of clan members.4
The Hopi Tribal Council was formed in 1936 in an effort to establish a single representative body of the Hopi to act as an intermediary with the U.S. government. While the tribal council represents Hopi people in matters external to the tribe, Hopi villages maintain quasi-independence on internal matters. Of the 12 villages, only 3 have adopted constitutions and established a democratic form of government. The remaining 9 villages vary in the degree to which they adhere to the traditional Hopi form of governance. For instance, the Oraibi village remains strictly traditional in its governing structure and does not accept funds or any other form of assistance from the tribal government. There are other villages, however, that merge traditional with western governing policies by maintaining a village Kikmongwi (leader), but also having representatives on the tribal council.5
- Tribal court: The Hopi court system,
established in 1972, has appellate and trial courts. The trial court
has four judges; the appellate has three. All cases, including child
welfare cases, can go to the appellate court. There is one trial judge
assigned to child welfare cases. The court handles approximately 6,900
cases per year, including juvenile, criminal, child welfare, traffic,
civil, family disputes, adoption, and probate. It is fully automated
and can track cases/statistics back to 1995.
Although the court’s jurisdiction extends across the entire Hopi Reservation, it can be undermined by the independence of the Hopi villages, which have formal constitutional authority over all child welfare issues (e.g. child removal and placement). However, as noted previously, in many cases involving child abuse or neglect, villages cede their authority to the courts. Court officials state that they are respectful of the villages’ role in these cases, and intervene only when absolutely necessary in terms of placement and mandatory services.
- Revenue generation: A land-use contract with Peabody Coal is the primary source of revenue generation for the Hopi Tribe, which shares the monies from the mining company with the Navajo Nation. Although the Hopi’s portion of the revenue goes into its general operating fund, there is no indication what percentage, if any, is utilized for child welfare services.
II. Family Preservation/Family Support and Preserving Safe and Stable Families
A. Tribal Planning Process
The initial five-year planning process for the Family Preservation/Family Support (FP/FS) program consisted of a survey of various stakeholders. The primary finding from the survey was that substance abuse was a major contributor to the deterioration of the Hopi family, and families within the tribe were often in denial as to the prevalence of the problem. Additionally, young Hopi families who grew up with substance abuse were unable to distinguish between dysfunctional and non-dysfunctional family behavior.
As a result of the survey findings, HGC concluded that the best use of FP/FS funds would be to provide services directly to the families that needed them. HGC decided to supplement existing services by funding a PA to address some of the dysfunctional family behavior. The PA would be sent into the homes of families that needed support to help with parenting skills, provide relief to parents, and serve as a link between the families, CPS, the court, and social services.
In 1985-86, BIA began providing the Hopi Tribe with funding for family support and psychiatric services after it was discovered that John Boone had molested 144 Hopi children. As a result of the Boone incident, many of the family support services were already in place prior to the implementation of the FP/FS program in 1995.
No additional assessment was conducted for the PSSF program in 1997.6 The Hopi Tribe addressed the new ASFA guidelines by adding time-limited family reunification to the job description of the PA, and incorporating it into its family support services. The PA continues to be the link between families, CPS, the court, and social services. Adoption promotion and support was added to the permanency planning services of HGC, and consists primarily of home assessments, relative placement, and foster care services.
Tribal Planning Group: The planning group consisted of the Hopi Tribe’s Department of Social Services (DSS) manager, tribal social workers, Indian Health Service (IHS) mental health director, child sexual abuse special projects director, and social services director. The primary purpose of the group was to help with the survey design for the initial assessment. The ad hoc group did not have any oversight function relative to the FP/FS or PSSF programs.
Needs Assessment: A survey was utilized in order to conduct the needs assessment for the FP/FS program. The assessment sought to determine what services were needed and whether services provided were adequate. The questionnaire was administered to service providers, law enforcement officials, tribal court members, community residents, human services committee members, community service administration, village administration office, IHS, and schools. Although the return rate for survey response was not as high as envisioned, it nonetheless suggested that the major social problems affecting the Hopi were fragmented and dysfunctional families, and that these problems were heightened by the abusive use of alcohol.
Goals and Objectives: The goals of the FP/FS and PSSF programs centered on safety for Hopi children. There were no additional goals or changes made to the program as a result of ASFA regulations.
Goal 1: Hopi children will experience greater safety in their homes.
Goal 2: Hopi families will be the primary resource for ensuring their children’s well-being.
The stated goals were consistent with the expectations of the stakeholders interviewed onsite; however, the reality of the FP/FS and PSSF programs proved to be quite different. Funds for the program were utilized to hire a PA to serve as a conduit between Hopi families and services. As noted previously, the current PA (a former child welfare client herself) was in a unique position to reach out to families and clans. Since parents were often resistant to participating in non-court ordered child welfare services, the PA was seen as a critical link to engaging parents and drawing them into the HGC before the family situation had deteriorated further. The PA would provide nutrition, budgeting, case management, and parent training services. However, due to the lack of public transportation on the Hopi Reservation, the PA’s duties were often limited to providing transportation for families to and from services that were not PSSF-related. For instance, the PA spent a great deal of time transporting foster children and parents to visitation in order to meet court-mandated service goals.
As previously noted, transportation is a major issue on the Hopi Reservation. The reservation is primarily rural, and villages are located great distances from the HGC where child and family services are offered. HGC, to some extent, has alleviated the situation by providing ten vehicles and three drivers for its 45 employees. However, according to tribal officials, there are still not enough drivers to provide rides for everyone who needs them. Officials noted the need to address this issue.
B. Implementation
Administration and Monitoring: The PSSF program is administered throughout the entire Hopi Reservation by HGC, under the Department of Social Services. However, the focus is on the less autonomous villages that are not as resistant to services as others. Monitoring is conducted by HGC in the form of an assessment of the activities of the PA. However, there has been no evaluation of the PA since 1997.
Service Delivery: The PA provides in-home parent training and case management services. However, due to the lack of infrastructure and a public transit system, the PA’s duties are often restricted to providing transportation for her clients.
- Target population: The primary focus
is on families resistant to child welfare and social services who have
been referred for services.
- Referral sources: Referrals for services
come from CPS, schools, Head Start, clinical psychologists, and the
courts.
- Intake and assessment: CPS conducts the
initial assessment, and the PA conducts a second assessment to determine
the services needed by the family. The PA then provides all PSSF services
to the family.
- Basic services and activities provided: The services provided by HGC are a combination of all PSSF services except adoption, which is performed by the tribal court. Through the PA, HGC provides “Family Support Services,” which maintain and prevent the removal of children from their natural families and promote family preservation or family reunification. Duties of the PA include parenting, transportation, budgeting, and family counseling.
Adoption is incompatible with the values of Hopi culture and is ordered by the tribal court only under extreme circumstances. If adoption has been agreed upon, HGC conducts the required home assessment. When looking for permanent placement for children, HGC first seeks placement with extended families. The village leadership also plays a role in certifying placement of the child(ren). In placing a child, the highest priorities are cultural factors.
- Service duration: In-home services are intended to last three to six months, with the PA making visits to the family twice a week.
Pursuant to ASFA, time-limited family reunification and permanency planning became the responsibility of HGC, which added the former to the job description of the PA and provided the latter (i.e., permanency planning services) itself. Although the Hopi people do not believe in the concept of TPR, a few adoptions do occur under extreme circumstances. As a result of ASFA, the court has been supporting adoption for cases that are over two years old, while HGC is more inclined to support guardianship. Permanency planning with regard to HGC refers to finding a long-term placement for the child, who can be placed with relatives or in foster care.
Funding: The PSSF services provided are funded by a combination of sources. The PA position is funded solely through title IV-B, subpart 2 funds. Services to families are provided through a 638 contract, and funding is received from title IV-B, subpart 1; IHS; and from the BIA for support services established as a result of the John Boone incident.
Evaluation: No evaluation of the PSSF program has been conducted.
III. Indian Child Welfare Services
All child welfare services are currently located within HGC, including CPS investigations, which were conducted by the court prior to 1998. The police or CPS can open a CAN case. Once it is opened, CPS conducts an investigation, and an emergency hearing is held within 24 hours. Upon completion of the investigation, a determination is made concerning the severity of the case and the course of action to be pursued. For less severe cases (non-sexual abuse/ limited physical abuse), an informal case plan is agreed upon, which keeps the case out of court. The family is given the option of working with the child welfare social workers to obtain services. A service plan is then developed, and the client is required to meet the conditions of the treatment/service plan. In the event the family does not comply with the stipulations of the informal agreement, HGC has the option to turn the informal agreement into a formal agreement and seek adjudication.
If the case is a criminal one, a formal case plan is pursued and the village in which the family lives is notified and given the option to take jurisdiction of the case. In many instances, villages do not interfere with the order of the court, even though the Hopi constitution gives them sovereignty over all domestic affairs, including CAN cases. If the village does not take jurisdiction of the case, the court decides when to close the case by conducting status review hearings every three months.
When placing a child, the court generally pursues one of four options. In the first option, the court seeks to permit the minor to remain in the home under the custody of HGC. The second, and most preferred, option is to place the child with an extended family member within the boundaries of the reservation who has been approved by the tribe. The third option is to place the child in the home of any extended family member living off the reservation. The fourth option—considered the most extreme by the tribe—is to place the child in a treatment facility and/or a specialized foster home off the reservation.
Available Child Welfare Services:
Title IV-E: The Hopis are the only tribe in Arizona with a title IV-E agreement. The State of Arizona has agreed to retroactively pay the maintenance cost of children in foster care on a case-by-case basis. Funding for this program is provided by the State of Arizona.
Child Protection Team: A multi-disciplinary team convenes monthly to determine the status of children and families referred to CPS. This collaborative team includes representatives from social service, CPS, behavioral health, Keams Hospital (doctor and social worker), criminal investigator, office of the prosecutor, law enforcement, and a representative from the child’s school.
Foster Care and Therapeutic Foster Care: HGC provides foster care services, as well as recruitment, retention, training and licensing, for families on the Hopi Reservation for temporary out-of-home placements. Currently, there are ten licensed foster care facilities on the Hopi Reservation. To promote foster care, HGC has developed a foster parent handbook, foster care regulations, and foster care procedural manuals. HGC also provides community outreach several times a year as part of its permanency planning efforts. A 638 contract is used to provide services, and ICWA monies are used to fund this program.
Case Management: Provides case management for out-of-home placement (i.e., residential treatment, group home, etc.) and to reunify families. Program services are provided through a 638 contract.
Other Related Services:
General Assistance: Provides temporary financial assistance to eligible needy individuals and families when income and resources are insufficient to meet basic needs. Services are provided through a 638 contract.
A. Administration
All child welfare services on the Hopi Reservation are administered by HGC.
B. Funding
The primary source of funding for child welfare services comes from title IV-B, subpart 1; IHS; IV-E foster care agreement with the State of Arizona; and Temporary Assistance to Needy Families (TANF) funds. Services are provided through a 638 contract.
C. Connection with PSSF Programs
As noted earlier, due to a lack of trust between the Hopi people and the Department of Social Services, the PA provides an important link to the services needed by Hopi families. Although financed through PSSF funds, the PA performs foster care functions, including transportation and case management duties, for families not targeted for PSSF services.
D. Major Initiatives
HGC is developing a TANF program that will strengthen the overall child welfare system and improve service delivery, case management, and collaboration. Additionally, HGC is seeking accreditation for social services, foster care services, and behavioral health services through the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). As noted previously, HGC is in need of better transportation services; it is also seeking a child psychiatrist to handle the younger population, so that HGC’s staff psychiatrists can focus on the adult population.
IV. Other Related Human Services
As with child welfare services, HGC provides all other related human services, with the exception of TANF and health services, which are administered by the State of Arizona and the IHS, respectively. Currently, TANF services are contracted out to the State of Arizona. It is important to note that HGC does not provide youth services, services specifically targeted toward fathers, or services targeted toward non-married families. However, HGC does provide several other related human services, as detailed below.
Family Assistance Program (TANF): Provides financial assistance to families in need. Federal funds and state funds are used to fund this program.
Behavioral Health Services: HGC employs a full-time clinical psychiatrist. Prior to the employment of the psychiatrist, IHS provided mental health services; however, families’ access to services was limited to once a month. This was insufficient for helping families in crisis. Utilizing funding from IHS and third-party title XIX (Medicaid) collections, HGC was able to place a clinical psychiatrist full time at the center.
Services are offered for clients experiencing serious emotional or psychological problems and/ or serious behavioral problems. CPS or the courts refer clients for treatment. Services provided include intake/assessment and individual/group counseling. More specific services are offered for domestic violence, anger management, relationships, adolescent, intensive survivors group, and moral reconciliation therapy. Home and jail services are also provided for individuals who cannot come to the HGC for services. Service duration is determined on a case-by-case basis. Intensity varies from once every three months to once a week. The caseload is approximately 10 families and 100 individuals.
Substance Abuse: HGC provides counseling services for clients whose primary problem involves substance abuse or chemical dependency. Services provided are intake/assessment, inpatient and outpatient treatment for all ages, aftercare services, and group family counseling. Services are provided under a 638 contract with the BIA.
General Assistance: HGC provides temporary financial assistance to eligible, needy individuals and families when income and resources are insufficient. Services are provided under a 638 contract with the BIA.
Prevention Education: HGC provides education and facilitation of training to children and adults in the schools, communities, and at other agencies. Services are provided under a 638 contract with the BIA.
Adult Custodial Care: HGC provides supervised care for adult individuals on and off the reservation who are unable to remain in their homes. Services are provided under a 638 contract with the BIA.
Burial Assistance: HGC provides assistance for indigent families on and off reservation. Services are provided under a 638 contract with the BIA.
Veterans Services: HGC provides client assessment, assistance with SSI, VA housing loans, VA benefits, burials, and placements in substance abuse treatment facilities and nursing homes. Services provided are substance abuse rehabilitation placement and post-traumatic stress disorder services. The tribe provides funding for this service. No funds are received from the State of Arizona’s Veterans Administration.
A. Administration
The administration of all human services programs is conducted by HGC. HGC has formal collaborative agreements with the State of Arizona, the Regional Behavioral Health Authority (RBHA), and the Arizona School of Psychology to provide services on tribal lands. The Hopi Tribe is a licensed provider of RBHA. Under the RBHA contract, the Hopis are a third-party provider for state and Medicaid billing for the provision of behavioral health services. The Arizona School of Psychology provides services to children in school once a month.
B. Human Services Funding
As noted earlier, the funding for human services is a combination of BIA, IHS, federal (TANF), and State of Arizona funds.
C. Connection with PSSF Programs
The initial FP/FS program assessment identified substance abuse as a leading cause in the disruption of the Hopi family life. Additionally, the John Boone incident was deemed to have lasting psychological effects on its victims, who have become the current perpetrators of abuse. Therefore, many of the PSSF families are referred to substance abuse and psychological treatment. As a result, the target populations for many of the human service programs are the same as for the PSSF program. The HGC is an integrated service center that offers all children and family welfare services. There is no distinction between service categories; services are simply offered on an as-needed basis. Family support services, case management, PA services, child protective services, child welfare, and foster care services are the most used services on the Hopi Reservation.
D. Major Initiatives
In order to improve human services delivery, the Hopi Tribe is pursuing options to provide more family therapy for tribal members of all ages. Currently, a postdoctoral student from the Arizona School of Psychology provides family therapy on a full-time basis. HGC is seeking a child psychiatrist to provide services one day per week.
Potential conflicts of interest exist for HGC as it tries to protect Hopi children. HGC provides a range of services, of which CPS is one. Thus, HGC’s role as a child protection agency comes into conflict with its role as a social service provider. Hopi tribal members are unwilling to voluntarily seek services at HGC, because they fear that HGC will take away their children. To help alleviate this fear, HGC is proposing an initiative that would allow the Hopi court to play a greater role in CPS investigations. By removing itself from CPS enforcement, HGC hopes to build trust with the Hopi people so that they will voluntarily seek services without fear of losing their children.
1 http://www.hopi.nsn.us/ (back)
3 http://www.hopi.nsn.us/Pages/Statistics/demog.html (back)
6 In 1997, ASFA reauthorized the Family Preservation and Family Support program as Promoting Safe and Stable Families (PSSF) and added two new program categories. In addition to funding family preservation and family support, states and eligible tribes were instructed to also fund time-limited family reunification and adoption promotion and support services. States were instructed to make expenditures in the four service categories, while Tribes were allowed to make expenditures across any of these categories they chose. (back)
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