Introduction
The 21st Century Child Welfare Research Agenda is a report that highlights critical areas of focus for advancing child welfare practices and programs. The report identifies over 300 research gaps in the child welfare system, which span across four categories:community-based prevention (CBP), transforming child protective services (CPS), improving outcomes in out-of-home care (OOHC), and strengthening the workforce (W).
To truly transform child welfare practices and programs, it is essential that the perspectives and lived experiences of marginalized communities are prioritized, specifically the perspectives and needs of Indigenous peoples and Native-led organizations. We propose that the research priorities outlined in the 21st Century Child Welfare Research Agenda should be expanded to amplify Indigenous voices and address critical issues facing Native communities.
Through interviews with eight individuals - including those with direct experience in the child welfare system, Indigenous community advocates, and legal professionals familiar with the Indian Child Welfare Act - this report identifies priority areas that should be centered to advance more equitable, culturally responsive, and community-driven child welfare practices.
Uplifting Indigenous Priorities in Child Welfare
Based on the interviews we conducted, several key areas emerged that should be prioritized. Furthermore, each of the key priorities have been aligned with the research agenda’s four categories:
2.1 Undermining Tribal Sovereignty and Self-Determination in Child Welfare Matters (CBP, OOHC)
- Lack of Native Representation in Child Welfare Practices, Agencies, and Programs (W)
- Noncompliance with the Indian Child Welfare Act (ICWA) (OOHC, CBP)
- Systemic Inequities in Child Welfare and Historical and Intergenerational Trauma (OOHC, CBP, and W)
Addressing Research Gaps for Indigenous Communities
The research gaps outlined in the 21st Century Child Welfare Research Agenda must be expanded to ensure that Indigenous priorities and perspectives are at the forefront. To achieve this, the following areas should be prioritized:
Inadequate resources and funding disparities are pervasive issues that undermine the stability of Indigenous communities. Research must examine how these disparities affect child welfare outcomes, including the long-term consequences of insufficient prevention efforts. For example, one participant emphasized a lack of funding for basic necessities such as “foster care closets” and operation costs. Two essential needs for child welfare programs and foster care placements.
“...and it's funding very basic things to run child welfare programs, like foster care closets, so that the child welfare departments have supplies when youth need emergency placement, maybe car seats or diapers or things that, when youth are in crisis and need to be placed really quickly, that the child welfare departments have funding to buy those kinds of things. I mean, that's a very basic level…Child welfare departments need basic funding to keep operating.”
Funding disparities are often linked to systemic issues. Unfortunately due to the societal structures that exist in this society, a lack of affordable housing has had a major impact on Native communities and other marginalized populations. These barriers are connected to such factors as economic inequality, inadequate social support systems, and racial discrimination. Within the child welfare system, lack of affordable housing, especially in urban communities have created barriers in foster care placement and adoption.
“…Affordable housing is just such an issue in urban counties that you find families that are more than prepared or wanting to raise relatives or help relatives when they're having difficulties, but they don't meet the housing needs [such as] separate sleeping areas and separate sleeping areas between sexes and ages; and because they can't afford a bigger place, we found most of the foster homes that we have are in outlying counties where people can buy larger residences or rent larger residences for less money than they're paying here in San Francisco or the Oakland area.”
Our recommendations to addressing these systemic challenges include encouraging flexible funding mechanisms such as encouraging funders to create grants that allow local and tribal child welfare agencies and organizations to adapt resources to their unique community needs; create initiatives that link housing support with child welfare agencies. More importantly engage Indigenous voices in advocacy by partnering with Native-led organizations to advocate for systemic changes addressing funding inequities and housing challenges.
The lack of culturally responsive practices and undermining Tribal sovereignty and self-determination in child welfare matters are significant gaps in current child welfare systems.
Indigenous practices and worldviews are often missing from mainstream child welfare practices, despite their potential to promote better outcomes for Native children and families. As one respondent stated:
“...I think that's what ICWA is about, right? It’s about recognizing tribal sovereignty, and then recognizing that in order for Indian children to be in a space that is best, they need to be connected to who they are, and filling that space with the opportunity to heal and to strengthen and to really honor who they are.”
Another participant emphasized the need for systemic changes that respects tribal sovereignty and self-determination by prioritizing the safety and well-being of Indigenous youth.
“…And I think in general, in child welfare, there are many who have the mindset that when youth go missing from care, there are these examples or excuses that they give [as to] why they're not devoting a bunch of resources to go find youth. So, if they're older youth, social workers might say, well, they're teens, they just don't want to be in their placement, or we know where they are they're at a boyfriend or girlfriend's house. But with Native youth, knowing the high risk of going missing or worse…the tribes that we serve, feel really strongly that a lot of resources are not devoted to finding those youth right away. And so I think that's one area that we've been focused on… trying to change the policy and practice around making sure that tribes know when their youth go missing from foster care…and then really making sure the resources that are supposed to go into effect when somebody goes missing actually are being deployed.”
Undermining Tribal sovereignty and self-determination leads to the disempowerment in child-welfare decisions. The Indian Child Welfare Act (ICWA) was designed to ensure that tribes have a say in the care and custody of Native children. Not involving tribes in critical situations, like when youth go missing, violates the spirit of ICWA and diminishes tribal self-determination in matters affecting their youth.
Our recommendations to the sector is to explore ways to develop culturally informed interventions that respect and uplift Indigenous practices and worldviews. Ensure that tribes are involved in all stages of decision-making, from placement to adoption, and all matters in between, allowing tribes to exercise their sovereignty in protecting Native children. Enhance data sovereignty by developing agreements that allow tribes to access and manage data related to Native children, while respecting tribal ownership of that data. Support tribes in developing their own systems to measure the well-being of Native children that respects and uplifts Indigenous practices and worldviews.
Many of our participants also shared a lack of Native representation in child welfare practices, programs, and organizations. For example, one participant mentioned a lack of Native representation and decision-making power in child welfare policy, reform efforts, and court proceedings.
“There are work groups, and even right now, there's the Minnesota Supreme Court council for child welfare reform. And I don't believe there's enough American Indian representation on that council to reform child protection. There's not enough Native representation altogether, making decisions for child welfare in the country.”
Another key part of the child welfare workforce are Native foster parents, as mentioned by one participant:
"There are few Native foster care parents available, often due to lack of space or not meeting the strict ICWA guidelines around tribal membership."
Native foster parents play a vital role in the child welfare system and workforce especially in combating disproportionate out-of-home placements. According to another participant, “there is [a] disproportionality of Native children in the foster care system.” due to systemic inequities (lack of affordable housing for example), historical trauma, and lack of funding and support services to support Native families taking on foster care responsibilities. Furthermore, by fostering Native children within their own communities, Native foster parents support tribal sovereignty.
Our recommendations are: increasing representation of Native American voices and decision-makers in child welfare reform efforts, such as ensuring adequate representation on councils and committees. We also recommend offering more community-based educational opportunities to increase awareness and understanding of ICWA, tribal sovereignty, and historical trauma among both Native and non-Native stakeholders. This includes more opportunities for professional development and training to enhance and support a more equitable and effective child welfare system.
“We need to have more community events where we teach the community about these things, instead of just having…a virtual thing or something, where they don't have to pay for it, [i’ve] been to so many, like historical trauma workshops, where we had to pay somebody to teach us about something. And it's like, I think we should start just offering free ICWA education, free historical trauma education, free anything education, like all the time, just so that's accessible to community”
Lack of Compliance with the Indian Child Welfare Act (ICWA)
The Indian Child Welfare Act (ICWA) was enacted in 1978 “in response to a crisis affecting American Indian and Alaska Native children, families, and tribes” (National Indian Child Welfare Association), which addressed the troublesome removal practices that specifically targeted Native children. ICWA thus requires that caseworkers make several considerations when handling an ICWA case, such as: 1.) providing active efforts to the family; 2.) Identifying out-of-home placement that fits under the ICWA preference provisions; 3.) Informing the child’s tribe and the child’s parents of child custody proceedings; and 4.) actively working to involve the child’s tribe and the child’s parents in the proceedings (National Indian Child Welfare Association). Unfortunately, many interviewees shared the child welfare system’s lack of compliance with ICWA, which has raised significant concerns. For example, one participant mentioned that “If ICWA is found to be unconstitutional based on race, it opens the door for many other challenges to the political identity and ultimately, tribal sovereignty” and “this isn’t about race; it’s about the political and sovereign status of tribes.”
This resistance may be due to systemic and historical bias against tribal sovereignty leading to disproportionate removals and placements of Native children outside their communities. Another participant mentioned a need for training about ICWA, its provisions, and protocols, due to a lack of understanding regarding the stipulations of ICWA. One participant mentioned that the child welfare system doesn't follow these provisions and unfortunately has no repercussions against them if they fail to comply.
“I don't think that people understand the historical context of why ICWA should be in place, so people just don't follow it, and there's really no repercussions for them if they don't.”
Our recommendations to address these challenges are to increase educational opportunities by providing comprehensive ICWA training for child welfare professionals, judges, and attorneys to ensure proper implementation and understanding of the Indian Child Welfare Act (ICWA). Support Tribal governments by allocating additional resources to tribes and Native-led organizations to strengthen their child welfare programs, enable active participation in ICWA cases, and build out an infrastructure that allows tribes to independently manage cases involving Native children.
The systemic inequities in child welfare are closely linked to the historical and intergenerational trauma of cultural genocide inflicted on Native children through the Indian boarding school system. “Most U.S. citizens do not even know of the existence of these genocidal boarding schools, let alone that they have had lasting effects on the health and well-being of Native American communities” (Healing Voices Volume 1; National Native American Boarding School Healing Coalition). Indian boarding schools, which were designed to assimilate Native children into white American culture, inflicted immense trauma through forced removal from families, cultural genocide, and emotional and physical abuse. This trauma continues to impact Native families today, contributing to distrust in the child welfare system, which is seen as an extension of the boarding school era.
“Child welfare today is an extension of the boarding school era and the Indian Adoption Project era. It’s still about removal—just in a different time. Here in Minnesota, we still see disparities that rank highest in the country for out of home placement of Native children. The racism is still there, and so is the white saviorism. Native families don’t trust the child welfare system, and why would they? That mistrust comes from generations of forced removals and harm. On top of that, there are intersectional systems of oppression—like the education system that over reports Native children to child protection. The mistrust connects back to the boarding school era, and over-policing of Native communities.”
“And I just feel like this system is just an extension of boarding schools in the adoption era, right? Because we are removed at a higher rate than anyone, any other race. And it's so frustrating to me that…we have to deal with such a colonial system that's tearing our people apart, that's tearing apart our families.”
The current child welfare system, for many, perpetuates the removal and separation of Indigenous families, mirroring the practices of the boarding schools. This historical context is crucial for understanding the complex relationship between Indigenous communities and the child welfare system.
We recommend the sector to continue investing in research that explores the unique needs and strengths of Indigenous families involved in the child welfare system. However, we also encourage research entities to partner with Indigenous communities and organizations to lead this work as it is crucial their voices are amplified in these spaces and the lived experiences of Indigenous families and communities are centered. We also encourage an acknowledgement of the historical trauma that has affected Indigenous children and Indigenous families, to recognize the lasting impact of historical injustices that occurred because of boarding schools and to “ admit and accept responsibility for its boarding school experiment and other white supremacist policies, including removal” (Healing Voices Volume 1; National Native American Boarding School Healing Coalition). By incorporating these strategies, we can move towards a more just and equitable child welfare system for Indigenous children and families.
Lived Experiences of Indigenous Adoptees
We found it important to include quotes from participants with lived experiences as Indigenous adoptees. It is crucial that their stories are included in this research as it amplifies their voices and could potentially influence policy changes that address systemic inequities. Indigenous adoptees and their families can also share how disconnection or reconnection with their culture and community has impacted their lives.
“My mom was adopted during the Indian Adoption Policy era. She was taken away and adopted into a white family here in Minnesota. I didn’t even know what the Indian Adoption Project was until 2011. It is not something I was taught in school or even college courses. My mom was four when she was taken and she left her adoptive home at 17. I never met her adoptive family. I never had a chance to connect with our Native family either growing up. The disconnection to our Native identity is a sense of loss. A lot of Native people who are adopted feel this loss. We carry this loss with us. It is an invisible history we don’t talk about. I think there is a lot of trauma, grief and shame that we need to understand and create opportunities for sharing adoptee stories, cultural connection and culturally based healing.”
“I was listening to my uncles share what they remembered about my removal, and they must have been watching my mom, and she must have been living with one of our relatives. Well, anyway, they were all outside the house. I'm just toddling around like toddlers do. And a white car, he says, it drove into the driveway, a little white social worker got out of the car, walked up to me, grabbed me, put me in the car, and took off. Could you imagine how they felt?”
Stories like this shed light on the long-term psychological, cultural, and social impacts of forced separation. These areas need attention and solutions for healing, collective, and individual wellbeing within the child welfare system.
Looking to the Future
“My hope is that tribes will get more and more funding on the front end to do the prevention work. You know, there's all this hype about prevention, like it is a new thing, but tribes do that work and have done that work anyway. Give them more money to do it. They do it better than anyone else does, and they want to do that work more…so my hope would be that tribes get more and more funding to do more prevention work that is culturally based and not evidence based in the western way…that's the future, I hope for..”
We have identified five priority areas that participants believe are essential for inclusion in the 21st Century Child Welfare Research Agenda. These priorities include: securing increased funding, amplifying Native representation in decision-making spaces, enhancing awareness and understanding of the Indian Child Welfare Act (ICWA), expanding research on the impact of the boarding school era on child welfare, and developing programs and supports that promote healing and well-being. We urge the sector to embrace these priorities as a foundation for amplifying Indigenous voices and advancing equitable, culturally responsive, and community-driven child welfare practices.
“ I feel like you know across the country, Native people are healing and working at that and relearning language and relearning customs, and, you know, even our artwork, and, you know, doing those things, and how powerful it can be. So I'm, I'm hopeful, I guess, you know, even though it is hard, I'm hopeful that, you know, we're going to get there”
Acknowledgements
We extend our heartfelt gratitude to all the participants interviewed for this research project. Your time, expertise, and stories are deeply appreciated. This research was funded by the Annie E. Casey Foundation. While we are grateful for their support, we want to note that the findings and conclusions presented in this report are those of the authors alone, and do not necessarily reflect the opinions of the Foundation.
About The Authors: Winoka Yepa (Diné) currently serves as Native Americans in Philanthropy's Director of Education and Research. As a graduate researcher for the University of New Mexico, she helped develop a national study of Indigenous language immersion programs that identified Native communities’ efforts to strengthen their language education. Winoka is also pursuing her doctorate in which her dissertation focuses on the development of a pilot program which aims to identify alternative and new representations of Indigenous identity from a decolonial framework, with emphasis on Indigenous epistemologies and storytelling.
Deidre Whiteman is Spirit Lake Dakota, Hidatsa, and is a descendant of the Meskwaki and Turtle Mountain Band of Chippewa Nations. Deidre is deeply committed to preserving and sharing the history of Indian boarding schools. As a descendant of boarding school survivors, Deidre brings a personal and powerful perspective to her work, understanding the lasting impact of these institutions on Native communities.
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