Court Improvement Project Committee

MinutesLaw Enforcement Center, Jamestown December 13, 2004

Members Present Judge Lee Christofferson, Chair Don Snyder Bob Freed Dixie Evans Lisa Boxrud Krista Andrews Kate Kenna Rita Hannesson Lanny Serrano Theresa Snyder Marilyn Kary Vince Ament Pat Podoll	Members Absent Karen Antelope Larry Bernhardt Gladys Cairns Connie Cleveland Julie Hoffman Sandra Kuntz Judge Williams McLees Frank Myrick Marilyn Poitra Paul Ronningen Michon Sax Dave McGeary
Staff Louie Hentzen

The minutes of the August 23, 2004, meeting were approved with the notation that the meeting was conducted over the IVN.

The first item discussed was the ICWA Forums. Cheryl Long Feather reported on the forums. She indicated that there was good discussion and as questions came up someone was available to answer. She was pleased with the forums and will provide a report. She indicated that some issues will be addressed at the Indian Child Welfare Conference. She indicated that more forums might be forthcoming. She indicated that there seemed to be more communication.

Compliance and monitoring of ICWA was discussed. The question was asked, "Who makes sure the law is followed?" Krista Andrews stated that a court monitor is used in Minnesota. Cheryl Long Feather indicated she thought that it was a non-profit agency. Krista stated that at one of the forums Judge Robert Wefald, District Judge, Bismarck, asked the Department of Human Services whether they could provide a staff person for monitoring. Cheryl pointed out that participants are needed from all over the state not just reservation located.

Judge Christofferson inquired whether this topic (compliance) will be discussed at the ICWA Conference. Dan Snyder indicated that Paul Ronningen is interested in monitoring ICWA issues.

Judge Christofferson asked what do we want the Court Improvement Committee to do or how should we participate. Pat Podoll indicated she would like to see action come from the forums. She feels we need to come to some conclusion. Krista Andrews inquired as to whether we can work with the Conference planning committee. Cheryl Long Feather thought that might add value to the process. Judge Christofferson felt that non-compliance needs to be addressed.

Theresa Snyder indicated the state was doing a pilot project on Kinship Care. She indicated that relatives are interested, but don't want to have to be licensed foster care providers. Cheryl Long Feather inquired as to where folks can take issues because there are too many different agencies. Theresa Snyder noted that 40% of Native American's live off reservations and counties are involved in foster care recruitment.

Bob Freed commented that courts need to ask social services if ICWA compliance was reached. He indicated that tribes do not have the funding to intervene or transfer jurisdiction. Don Snyder thought we need to bring all agencies together for review.

Kate Kenna expressed concern about permanency. She felt that tribes are not intervening until a case is ready for termination and felt that there is a feeling that they can't get the tribes involved. Cheryl Long Feather felt dialogue needs to happen. She felt that county workers just don't know how to work with the cultural parameters to find homes. There also seems to be a problem with getting ICWA workers to attend all the court hearings.

Krista Andrews moved to create a subcommittee to do the monitoring. Don Snyder seconded. The motion carried. Marilyn Kary suggested that the reservation committees be invited. Marilyn, Theresa, and Krista all volunteered to be on the subcommittee.

The ICWA Conference will be February 16-18, 2005, at the Seven Seas Conference Center in Mandan.

Dixie Evans reported on the lay guardian ad litem project. Dixie indicated she sends notices to GALs when cases are closed. Training is being provided continually. She inquired as to whether there was any incentive for the GALs to attend the ICWA Conference. She suggested that maybe the registration fee of $45 be covered by the Court Improvement Project. Lanny Serrano indicated there are enough GALs in western areas. He noted that Dickinson is a little behind and they could use one more in Williston. Dixie indicated that they were recruiting in Wahpeton. She noted that there are six or seven new GALs around the state and that there is new training in April in Bismarck. They also added a new GAL in Devils Lake.

Lisa Boxrud commented that it is hard to represent a child when you are in the case, then out, then back in again. Judge Christofferson commented on the budget issue and inquired as to whether once the GALs role was terminated in a case will they volunteer time.

The discussion next focused on whether there should be an incentive for GALs to attend the ICWA Conference. After much discussion, Pat Podoll moved to allow one GAL from each district to attend. Vince Ament seconded. It was determined to allow Judge Christofferson and Susan Sisk to work out details as to how many can attend within a limit of $4,000. Motion carried.

Dixie Evans indicated she has been conferring with Jennifer Renne concerning training for lawyers and that there is a session in May or June 2005, funded by the Department of Human Services and the American Bar Association. Don Snyder indicated that Jennifer is being considered for other training for the Department of Human Services. The judge noted that we want training for lawyers who represent parents.

Dates for future meetings were decided:

March 21, 2005 IVN
September 12, 2005 Law Enforcement Center, Jamestown
December 12, 2005 (Will be determined by IVN or in person)

At the March 21 meeting we will discuss the budget for GAL and the subcommittee report.

The meeting was adjourned.