Reflections on Kinship
ICWA and state family court judges benefit from an expansive understanding of kinship, so as not to undervalue legitimate Indigenous family relationships that may lead to inappropriate placements or missed placement opportunities. Kin and family units extend beyond the nuclear family in many Native cultures. Honoring Native perspectives about kinship respects tribal sovereignty and furthers the spirit of ICWA. Courts that widen their concept of kinship and align decisions with Indigenous perspectives can protect children from cultural disconnection and identity loss, while also reducing exposure to systemic harm. By contrast, a narrow western view of kinship perpetuates the destructive legacy of boarding schools.
Traditional attachments and kinship care have far reaching benefits beyond the child that extends into communities. Burke et al., (2023) summarized the advantages of respecting kinship placements by saying, “Kinship care cannot be discussed outside of the larger context of community health and healing… a focus not on child welfare policies and practices per se but rather on supporting Indigenous communities to heal.”
Esteemed Judge Catherine Begaye provided her thoughts and expertise on the intersection of kinship within the court system. Judge Begaye is a member of the Navajo Nation, serves on the Second Judicial District Court of New Mexico in Albuquerque, Division 8, Children’s Court, and leads the only ICWA Court in New Mexico.
What does kinship mean to you?
As a Native American person, kinship has always been modeled for me as including more than the nuclear family. In tribal communities, beyond our blood ties to one another is the network of clan relationships that stretch back in time. When we meet a fellow clan member, we reorient ourselves to one another and often say, “We’re related! I’m your [aunt/grandmother/daughter].” It’s an instant connection with someone you may have never met and reminds us that we are never without family.
How does prioritizing kinship care incorporate Indigenous values, culture, and principles? How does your court advocate for relative or kinship care when placement is state or county-initiated?
The Indian Child Welfare Act encourages state child welfare systems to view Native American families through a different lens, and that a child’s relationship to their tribe must be honored and respected. A few years ago, New Mexico passed the Indian Family Protection Act (IFPA) to create a more culturally informed system of care for an Indian child in foster care, including their caregivers’ experience with the system. The new law raised the bar, specifically recognizing an indigenous view of family that includes clan relatives within the definition of “kin.”
Our ICWA Court continues to hold parties to the obligations set out in statute, both ICWA and IFPA. The IFPA set a preferential placement standard for Indian children that emphases care by relatives or tribal members from the start of a case, which more closely resembles ICWA’s adoption placement preference tiers. The ICWA Court honors the higher standard, and we encourage the parties and tribes to continually search for relatives or tribal members for kinship care.
For ICWA cases, what are some benefits to kinship care/family placements, to the child(ren), for the community, or other unseen measures?
Both ICWA and IFPA sets this as a requirement, but the reasons why this is best practice is critical to understand. Children who grow up in homes that respect their identity, respect their culture, encourage their participation with tribal events, and validating their experience and identity, all supports a child in building a strong sense of self and identity. This exposure to their culture and encouragement to participate means they do not miss out on their ties to their tribe. Children may remain connected, despite the adversity their family may be facing in the moment by being involved in the foster care system.
Do you know if kinship and/or relative placement is defined in the tribal code or policy for any of the tribes you collaborate with in your ICWA court? If so, how does it help define and facilitate the rights and responsibilities of relatives when a child is in their placement?
Since the ICWA Court works with all tribes with children in foster care in Bernalillo County, my view of child welfare is defined in state statute. Our state’s Indian Family Protection Act specifically encourages the creation of Intergovernmental Agreements (IGAs) as a unique area for collaboration between the state child welfare system. Many times, these IGAs include the tribe’s specified preferential placement tiers, which are consistent with their tribe’s view of family and care. The child welfare agency agrees to abide by the terms in placement of the tribe’s children. And, including tribal voice at hearings, at mediations and family meetings, allows all of us to hear directly from the tribe about who is/are proper placements for these Indian children.
What placement support services should be available through an ICWA Court (for example: kinship navigators, housing support, SUD education, etc.)?
Our ICWA Court is on the verge of starting its sixth year in operation, a benchmark that fills me with happiness and pride. Through the ups and downs of successes and stumbles, it has given our ICWA Court team opportunities to reflect on what would take our program to the next level. Our wish list always includes creating a more robust and culturally appropriate experience that would be richer and more meaningful if it occurred in person versus by videoconference. I would love to have Indigenous peer navigators who can encourage and help families navigate what is often a confusing system of overlapping or missing sources of support and resources for Native American communities. Better funded and more expansive housing supports is critical to physically return children to caregivers who have a safe place to reunify and build a loving home. For so many of our families in the system, substance use or dependence is a long-term stumbling block. These families need access to healthcare and mental health services that will strengthen their ongoing ability to reduce and have significant and long periods of sobriety. More service providers and no waitlists would be ideal. Youth navigators would also be helpful to assist young people on the verge of adulthood to not repeat mistakes of the past and to lean into their strengths, including relationships with their tribal nations. And a network of ICWA Courts around New Mexico with whom to coordinate and share would certainly help decision makers for Indian children to provide consistency for all tribes and their families.
NCJFCJ would like to extend our appreciation to Judge Catherine Begaye for sharing her time and thoughts.
For further reading see:
Judge’s Action Alert on How to Support a Kin-First Culture just released by the ABA and NCJFCJ: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:f6ba0682-8777-4d1f-b600-695635fbc72e.
NCJFCJ Judicial Tip Sheet on Kinship Care: https://www.ncjfcj.org/publications/judicial-tip-sheet-on-kinship-care/
Casey Family Programs The Power of Kinship Care: https://www.casey.org/power-of-kinship-care/
Reference:
Burke, S., Bouey, J., Madsen, C., Costello, L., & Schmidt, G. (2023). Supporting Indigenous Kinship Caregivers. Practice, 35(4), 317–333. https://doi.org/10.1080/09503153.2023.2208782