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Home > Tribal-State Relations

 

 

Tribal-State Relations
Issue Brief
Author(s):  Child Welfare Information Gateway
Year Published:  2005



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What Are the Components of Successful Tribal-State Relations?

Tribes and States share common purposes and common interests. Both entities are concerned with protecting the health and welfare of their citizens by effectively and efficiently utilizing public resources, providing comprehensive programs and services to their constituents, protecting the natural environment, and engaging in economic development activities. States and Tribes are most successful in achieving better outcomes for children and families when a positive partnership is established, as demonstrated through a mutual understanding of government structures, cooperation and respect, and ongoing communication.

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Mutual Understanding of Government Structures

To facilitate strong Tribal-State relations, Tribes and States begin by developing an understanding of each other's governmental structures and processes. Without this fundamental knowledge, it will be difficult to identify the most beneficial avenues within each government for negotiating common interests related to child welfare (Johnson, Kaufmann, Dossett, & Hicks, 2000).

Tribes and States wishing to work toward effective child welfare relationships might begin by seeking answers to the following questions:

  • Who are the appropriate people at both the Tribal and State levels to discuss child welfare issues (e.g., Tribal council, State governor, child welfare director, etc.)?

  • How are child welfare program and policy decisions made within each government? (Do decisions involve the Tribal council/State legislature? Who determines membership within the Tribe?)

  • What does the child welfare service delivery system look like? Who are the key agencies, and what is their authority and mission? Who is the service population for each government (e.g., all AI/AN people in a given area, or only Tribal members living on Tribal lands)?

  • What is the best process for discussion and negotiations? Who should be involved, how will issues be discussed, and how will conflict or disagreement be addressed?

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Cooperation and Respect

Once Tribes and States understand how each other's governments function, they can further enhance Tribal-State relations by employing general principles of good relationships, including cooperation and respect. Cooperation is a major component of successful Tribal-State relations. When both Tribes and States are willing to set aside prior conflicts (e.g., jurisdictional issues, land claims, water rights, taxation, etc.), they are more successful in reaching out to one another to come to agreements on child welfare issues. This cooperation must be built around mutual respect and an understanding that each entity is an independent government operating to serve a particular population, and that AI/AN families are citizens of both governments.

States and Tribes are most successful in meeting Federal requirements and serving the best interests of AI/AN children when they acknowledge and utilize the strengths and resources of each government. Tribes have a large knowledge base that they can share with States regarding the protection of Tribal children and the strengthening of Tribal families. Their rich traditions and cultural practices were the foundation for the development of unique approaches that are among the most successful used in child welfare today with this population. Safety, permanency, and well-being of AI/AN children are facilitated by the ability of the agency providing care to understand the child's culture, including his or her perception of permanency and critical connections with his or her extended family and Tribe. States that recognize Tribes as important resources in addressing child abuse and neglect among AI/AN families have been able to improve services and outcomes for AI/AN children.

Within Tribal communities, mutual respect is greatly valued. It is a principle evident in all aspects of Native life, especially child rearing (Lewis, 1980, as cited in Cross, Earle, & Simmons, 2000). Mutual respect involves listening actively to other viewpoints, being aware of one's own assumptions, and remaining open to ideas that may challenge one's personal views or experience. In a practical sense, States can demonstrate respect and understanding by viewing Tribal governments as a primary resource that can benefit Tribal children in care. Supporting Tribal capacity development and practice will ultimately benefit Tribal families and children.

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Ongoing Communication

Tribes and States that communicate early and often are better able to establish mutual understanding and respect. Often, Tribes and States communicate only in times of conflict or misunderstanding. To remedy this reactive situation, mechanisms for ongoing Tribal-State communication, such as public and private forums, can be created. In addition to ongoing communication, it is helpful to establish a process for frequent review and assessment of policies addressing Tribal-State relations issues and the development of recommendations for improvements in these policies. Many States and Tribes have created Tribal-State advisory committees in child welfare to serve as a forum for communication and planning. In other places, conferences and policy institutes have been developed by Tribes and States. All of these efforts have in common a goal of enhancing communication and institutionalizing successful processes and practices.

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