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Oregon Indian Child Welfare Act (ORICWA)
[Month Year] Bulletin
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 June has been an exciting month for the Office of Tribal Affairs and the Child Welfare Division. June 15, 2023, was a historic win for Indian Country as the United States Supreme Court ruled to keep the Indian Child Welfare Act (ICWA) fully intact.
By a 7-to-2 vote, the court upheld the law's preferences for Tribes when Tribal children are adopted, ruling that the law does not discriminate based on race and does not impose a federal mandate on traditionally state-regulated areas of power, citing over a century of precedent that classifies American Indian/Alaska Natives as a political, not racial, group.
This decision is cause for celebration for Tribes and Tribal communities throughout the country. The federal ICWA keeps Tribal families intact, preserves Tribal culture and upholds Tribal sovereignty. Oregon is one of a handful of states who have demonstrated an unwavering commitment to these principles by codifying these protections into state law known as Oregon ICWA.
I couldn’t be happier for Tribal children and families and all the ODHS staff who carry out the spirit of ICWA. The decision to uphold all provisions of the Indian Child Welfare Act will have lasting impact for decades for Tribes. This win allows our agency to continue further embedding our state’s Oregon Indian Child Welfare Act into practice and honoring the government-to-government relationship with Tribes.
Although this decision is a sigh of relief, it is also motivating for our team and ICWA workers knowing there is more to do. Stay tuned for opportunities from Tribal Affairs on building your own capacity and enhancing Indian child advocacy and practice.
I also want to thank everyone who attended the Western Bi-Annual earlier this month at the Uyxat Pow Wow Grounds, hosted by the Confederated Tribes of the Grand Ronde. We had amazing turn out of ODHS staff and Tribal partners. I look forward to the ongoing collaborations and learning opportunities that stem from the bi-annual.
Enjoy your summer and we look forward to crossing paths virtually or in person.
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Welcome D5: Lane County Regional ICWA Specialist: Chris Carlson!
My name is Chris Carlson and I have been with the agency in D5 for two years doing ICWA PS work. I am Alaskan Native and an enrolled member of the Tlingit and Haida Tribe as well as being enrolled in the Alaska Native Corporations Sealaska and Kake Tribal. What initially brought me to the agency was learning about the vision of transformation and wanting to have tribal representation among the agency. I have a 6-year-old son, Cassian, and I'm married to my high school sweetheart, and we recently celebrated our 10-year anniversary. I am an avid fisherman and love exploring and hiking new places. I am excited to transition into the Regional ICWA Specialist for D5 and continue to follow my passion for ICWA, Tribal Relations and Tribal Sovereignty.
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Welcome D3: Marion/Polk/Yamhill Rotation Regional ICWA Specialist: Teresa Goodwin!
I am Theresa Goodwin. I am covering District 3 as the Regional ICWA Specialist in rotation for Joanna Gutierrez while she is out. I come from Yamhill County as the ICWA Permanency Worker. I have been a permanency worker with the agency for five years in Yamhill County. Before working for Child Welfare, I was a community partner as a parent coach, supporting our families. I have two biological, adult children and two grandkids. My husband is an enrolled member of the Cherokee Nation, and he has two boys who are also Cherokee. I love all things outdoors especially hiking and paddleboarding.
I am excited for this opportunity to learn and grow and help support those who work with our American Indian/Alaska Native families and their Tribes. I am passionate about ICWA work. I have worked with several Tribes over the years, developing a deep respect for the perspective and value they bring to supporting their families and in case planning.
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An ICWA Warrior is a Child Welfare staff member, Tribal partner and/or community partner who is a staunch advocate of ICWA/ORIWA and exemplifies the spirit of ICWA through their diligent work and practice. Congratulations Tony & Greg!
  If you have witnessed a coworker, Tribal partner, community partner or colleague exemplifying an ICWA Warrior, we’d love to share their stories.
Share your ICWA Warrior story or nominate staff here.
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 The Western Region Indian Child Welfare Act Biannual was hosted by the Confederated Tribes of Grand Ronde (CTGR) at their Uyxat Powwow Grounds in Grand Ronde, Oregon. The event gathered 107 attendees from the Confederated Tribes of Grand Ronde, Confederated Tribes of Siletz, District 1, District 3, District 4, District 5 and District 7. Attendees had an opportunity to engage from an experiential learning framework around the homelands and history of the Confederated Tribes of Grand Ronde, traditional crafting offered by CTGR staff, and dialogue on serving from an equity lens by the Office of Equity and Multicultural Services. The attendees felt the day was powerful and impactful in engagement, awareness, and strengthening relationships.
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 Stay connected to updates on this event and learn about other upcoming events by visiting the Tribal Affairs OWL page or connecting with the Office of Tribal Affairs staff.
If there is a specific topic you would like to see covered during the conference submit your ideas.
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ICWA was the result of several congressional hearings and investigations to address the disproportionate number of out of home placements of Tribal children. The legislative record leading to its enactment is hundreds of pages. The investigation lasted four years and concluded that up to 35% of American Indian children lived in foster care, adoptive care, or institutions. The record shows both the practice of the “wholesale removal of Indian children from their homes...” and the devastating impacts to children, Indian families, Indian tribes, and their communities. The active efforts portion of ICWA is one of the ways Congress sought to address these harms. It provides guidance for the child welfare system to strive for the best-case outcomes from the very beginning of a case.
States are required to provide active efforts to families, and the court will be asked to determine whether active efforts have been made. Under the federal regulations, “active efforts” mean the active and engaging, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family. They also address the unique culture of the Indian child and family (25 C.F.R. § 23.2). ICWA mandates the state make active efforts in every ICWA case in two areas:
- To provide services to the family to prevent removal of an Indian child from his or her parent or Indian custodian
- To reunify an Indian child with his or her parent or Indian custodian after removal
In applying active efforts, it is important to focus on the services provided to the family and to monitor those services. In order to ensure the proper services are offered, it is important to work with the child’s Tribal Nation. ODHS’ commitment to active efforts can be demonstrated when tribal representatives are consistently included in court hearings, meetings such as family team decision meetings, and general court policy and practice decision making meetings. Active efforts is also demonstrated through active partnership and decision making WITH Tribes. Tribes vary in the services they can provide depending on their resources, but it is important they have a voice in the decision on what services are provided and ordered.
To learn more about active efforts connect with your Regional ICWA Specialist or visit the Tribal Affairs OWL page for more resources.
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United States Supreme Court upholds the Indian Child Welfare Act – A victory for Tribal Children and Families
After you read this press release, connect and discuss with your co-workers, Supervisors, Manager or member of Tribal Affairs. Consider these questions to get the conversation started:
- What steps can you take to ensure Tribal children are connected to their Tribe and Tribal communities?
- How will you expand your knowledge on the history of Tribal Nations, ICWA/ORICWA or current events that are impacting the sovereignty of Tribal Nations?
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The ORICWA Bulletin is sent out the third week of the month. If there is content or information you would like to see shared. Submit your content ideas at least two weeks ahead of proposed publication. Questions? Contact Tribal Affairs Communcation Specialist Tony Aaron Fuller (Colville/Yakama) tony-aaron.fuller@odhs.oregon.gov
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