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Identifying, Accessing and Using Data on Native American Children. James F. Mensing, J.D., Ph.D. Senior Research Analyst Judicial Council of California Administrative Office of the Courts Center for Families, Children & the Courts San Francisco, CA. Nicole Sieminski, J.D.

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identifying accessing and using data on native american children

Identifying, Accessing and Using Data on Native American Children

James F. Mensing, J.D., Ph.D.

Senior Research Analyst

Judicial Council of California

Administrative Office of the Courts

Center for Families, Children & the Courts

San Francisco, CA

Nicole Sieminski, J.D.

Researcher Specialist

American Indian Studies Center

University of California, Los Angeles

Association for Criminal Justice ResearchSacramento, California March 17 – 18, 2011

overview of presentation
Overview of Presentation

Introductions

Summary of UCLA National Institute of Justice Project – A Study of the Administration of Criminal Justice in Indian Country

Summary of Native American Community Justice Project (NACJP)

Outcome of NACJP: California Tribally Specific Data Investigation

One Area of Focus: Indian Child Welfare Data and CMS/CWS

Group Discussion of Availability of Tribally Specific Data

indian country s maze of jurisdiction
Indian Country’s “Maze” of Jurisdiction
  • Non-PL280
    • Tribe and feds share jurisdiction over major crimes by Indians and over Indian-against-non-Indian crimes
    • Tribes have exclusive jurisdiction over non-major crimes committed by Indians against Indians
    • States or feds have jurisdiction over non-Indians, depending on whether victim is Indian or non-Indian
  • PL280 (or like statute)
    • Tribe shares jurisdiction over Indians with state
    • State has sole jurisdiction over non-Indians
    • Special situation in Alaska, where state has more jurisdiction because of limited Indian country
ucla nij project framework
UCLA NIJ Project Framework
  • Model 1 NON-PL 280 – All Tribal (court, police & jail)
  • Model 2 NON-PL 280 – All Tribal, contract jail
  • Model 3 NON-PL 280 – All BIA
  • Model 4 NON-PL 280 – Mixed (tribal except jail)
  • Model 5 NON-PL 280 – Mixed (BIA except court)
  • Model 6 NON-PL 280 – Mixed (tribal except police)
  • Model 7 PL 280 – All State (court, police & jail)
  • Model 8 PL 280 – Concurrent (all tribal but may contract jail)
  • Model 9 Alaska – All state except no longer burdened by PL280
  • Model 10 Partial PL 280 (ALL the Idaho tribes, Salish-Kootenai of MT, and all of the WA tribes EXCEPT Muckleshoot, Nisqually, Skokomish, and Squaxin Island)
  • Model 11 Mixed – CFR courts enforcing CFR codes but tribal police (Wyandotte)
data questions
Data Questions

Number of repeat offenders

Number of tribal members admitted to jail facilities

Crime/victimization rates

Number of arrests for Indian country-based offenses

Number of criminal prosecutions for Indian country-based offenses

Percentage of defendants released on bail or their own recognizance

Approximate rate of pre-trial release violation

Conviction rates for criminal cases involving Indian country-based offenses

Percentage of convicted defendants sentenced to incarceration, fines, community service, treatment

Number of tribal convictions resulting in habeas corpus petitions

Recidivism rates for Indian inmates in tribal and nontribal facilities

Percentage of Indian defendants who plead guilty or plea bargain

Number of reported Part I violent crime incidents

Number of major felony cases reported, number of major felony cases closed

roadblocks to data collection
Roadblocks to Data Collection

Tribal Approval

Accessibility

Format

Incomplete

Unwillingness to share

california native american communities justice project dialogue on family violence
California Native American Communities Justice Project: Dialogue on Family Violence
  • Full Reports:
    • Policy Paper (PDF)
    • Research Report (PDF)
  • Definition of Family Violence
    • Sexual Assault
    • Domestic Violence
    • Stalking
    • Teen Dating Violence
    • Elder Abuse

Little data or information exists

on these issues

methodology
Methodology

Strategic Approach respecting tribal sovereignty

  • Letter to Chairs of Federally and Non-federally Recognized Tribes seeking recommendation for tribal consultant
  • Consultants hired were Tribes’ first or second consultant choice
  • Outreach to urban Indians in San Francisco and Los Angeles areas
  • Updated all Tribes in California through updated Fact Sheet
  • Planning Meeting invitation to participants of local community meetings and Tribes
community meetings
Community Meetings
  • 17 community meetings held
  • Over 250 California Native participants:
    • Service providers
    • Advocates
    • Tribal Leaders
    • Elders
    • Interested Community Members
    • Victim/Survivors
community meetings1
Community Meetings

Federally Recognized Tribes

Non-Federally Recognized Tribes

Urban Community Meetings

Facilitator guided

Open ended questions

Notes taken

Survey filled out by most participants

themes from community meetings
Themes from Community Meetings

1: Crime Statistics and Family Violence Data

2: Reporting Family Violence and Treatment of Native Americans

3: Services

4: Restraining Orders

5: State Courts

6: Tribal Courts and Police

7: Community—Level Concerns

other themes from community meetings
Other Themes from Community Meetings

Violence Against Men

Youth and Violence

Domestic Violence/Family Violence Definitions

Systemic Problems

AND

Lack of Data….

Tribal Law and Policy Institute

dearth of data theme from meetings
Dearth of Data Theme from Meetings

Discussion Question: What sources of data exist (or should exist) to document the problems?

  • Data collection is directly related to securing funding.
  • Some data is not accurate.
  • Reports often come “through the grapevine.”
  • Underreporting is a problem.
dearth of data theme from meetings1
Dearth of Data Theme from Meetings
  • Data is collected by outside agencies and organizations. The data is then used to obtain money and other resources that are not shared with tribal/Native American people. Giving back the data to the tribes and communities from which it was collected is a crucial issue.
  • Data is sometimes collected from different sources. More information is needed on how to mine data and calculate data from different sources.
  • Any data collection or reporting should be mindful of confidentiality.
promising data practices identified
Promising Data Practices Identified
  • Cooperation
    • Cooperative efforts with the county and the tribe/Native American community to collect data.
  • Coordination
    • Recognize and standardize reporting for different sources to make data mining easier.
  • Capacity
    • Tribe needs funding for a full-time salaried employee to mine data from all sources.
why tribally specific data
Why Tribally Specific Data?
  • Obstacle to implementing change: Lack of tribally specific data to document the problem
  • AI/AN data exists, but over 500 tribes have very different circumstances
    • State level data is better, but often not sufficient
  • Requests for Proposals (RFPs) require tribally specific data
  • Respect for Tribal Sovereignty requires each tribe to be treated as a separate sovereign entity
tribally specific data investigation
Tribally Specific Data Investigation
  • Initital Goals
    • Data Stakeholders Meeting
    • Data Investigation
    • Data Availability Report
    • Data Availability Grid
  • Additional Tasks Identified
    • Annotated Bibliography of Reports
    • Virtual Native California Data Community
types of tribally specific data prioritized
Types of Tribally Specific Data Prioritized

Juvenile Dependency

Elder Abuse

Violence Against Women

Juvenile Delinquency

General Crime

General Health

Child Custody and Support

Demographic

DMV

TANF

juvenile dependency indian child welfare data
Juvenile Dependency/Indian Child Welfare Data
  • Familiarity with ICWA . . .
  • CMS/CWS data
    • State and local social service departments
    • BIA federal and regional offices
    • Drop down list of federally recognized tribes for local caseworkers
availability of data in cms cws systems
Availability of Data in CMS/CWS Systems
  • AI/AN children may be identified in two places:
    • Through ethnicity
    • Through ICWA eligibility
  • Tribal affiliation may be entered if known at initial intake
  • Tribal affiliation may not be entered if learned at later date through ICWA or other investigation
  • Data on known tribal affiliations exists at both county and state levels
availability of data in cms cws systems1
Availability of Data in CMS/CWS Systems

Data is not available through public website because of reliability and confidentiality concerns

Data can be requested through special ad hoc reports from state social services

california court case management system
California Court Case Management System

Juvenile, Family, and Probate cases

Case participant by federally recognized tribe or historical identity

Track noticing information under ICWA

View ICWA status of case participant

washington state model
Washington State Model

Indian Unit within Department of Social Services

State/tribal data sharing agreements

All tribes in state are part of data sharing agreement

Data used for funding primarily

discussion
Discussion . . .
  • Is Tribally Specific Child Welfare Data Available in your organization?
    • If so, how is it made available?
    • If not, would this be useful?
    • How might it happen?
slide30

Thank you !For more information, contact:James MensingSenior Research Analyst, [email protected] SieminskiResearch SpecialistUCLA American Indian Studies [email protected]

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