Identifying accessing and using data on native american children
This presentation is the property of its rightful owner.
Sponsored Links
1 / 30

Identifying, Accessing and Using Data on Native American Children PowerPoint PPT Presentation


  • 90 Views
  • Uploaded on
  • Presentation posted in: General

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.

Download Presentation

Identifying, Accessing and Using Data on Native American Children

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


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


Identifying accessing and using data on native american children

Tribal Law and Policy Institute


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 2NON-PL 280 – All Tribal, contract jail

  • Model 3 NON-PL 280 – All BIA

  • Model 4NON-PL 280 – Mixed (tribal except jail)

  • Model 5NON-PL 280 – Mixed (BIA except court)

  • Model 6 NON-PL 280 – Mixed (tribal except police)

  • Model 7PL 280 – All State (court, police & jail)

  • Model 8PL 280 – Concurrent (all tribal but may contract jail)

  • Model 9Alaska – All state except no longer burdened by PL280

  • Model 10Partial PL 280 (ALL the Idaho tribes, Salish-Kootenai of MT, and all of the WA tribes EXCEPT Muckleshoot, Nisqually, Skokomish, and Squaxin Island)

  • Model 11Mixed – 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.


Dearth of data theme from survey

Dearth of Data Theme from Survey


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?


Identifying accessing and using data on native american children

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


  • Login