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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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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.
American Indian Studies Center
University of California, Los Angeles
Association for Criminal Justice ResearchSacramento, California March 17 – 18, 2011
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
Number of repeat offenders
Number of tribal members admitted to jail facilities
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
Unwillingness to share
Little data or information exists
on these issues
Strategic Approach respecting tribal sovereignty
Federally Recognized Tribes
Non-Federally Recognized Tribes
Urban Community Meetings
Open ended questions
Survey filled out by most participants
1: Crime Statistics and Family Violence Data
2: Reporting Family Violence and Treatment of Native Americans
4: Restraining Orders
5: State Courts
6: Tribal Courts and Police
7: Community—Level Concerns
Violence Against Men
Youth and Violence
Domestic Violence/Family Violence Definitions
Lack of Data….
Tribal Law and Policy Institute
Discussion Question: What sources of data exist (or should exist) to document the problems?
Violence Against Women
Child Custody and Support
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
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
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
Thank you !For more information, contact:James MensingSenior Research Analyst, [email protected] SieminskiResearch SpecialistUCLA American Indian Studies [email protected]