Assessing Indian Child Welfare Act courts for better outcomes in Oregon

Background

The Indian Child Welfare Act (ICWA) establishes minimum federal standards for the removal and placement of Indian children. ICWA courts coordinate with partners to protect the best interests of Indian children and promote the stability and security of Indian tribes and families. Nationally, ICWA courts rely on National Council of Juvenile and Family Court Judges (NCJFCJ) principles but typically lack additional standards to assess performance at the local and state levels. 

Our approach

To better assess its ICWA courts, the Oregon Judicial Department turned to NCSC to develop a research plan that can be used statewide. The project team based its work on existing guidance and research. 

Phase 1: Conducting an ICWA court literature review

An assessment of ICWA principles, practices, models, and measures was conducted with a comprehensive review of ICWA court literature. The team also used the American Indian Higher Education Consortium Indigenous Evaluation Framework to evaluate well-being and complex ICWA priorities through a culturally responsive lens. 

Phase 2: Developing the research plan

Working alongside court staff, the team developed a research plan that incorporates six key focus areas identified during the literature review: safety, permanency, legal process, programming, engagement, and well-being. The plan also prioritizes tribal voice, collaboration, and local court input. The plan was tested on site at Oregon's first ICWA court in Klamath Falls through court observation, interviews with team members, tribal family surveys, and a review of written materials. 

Next Steps

After the research plan was tested and finalized,  NCSC released a data navigator guide to help Oregon's ICWA courts collect, understand, and use program data. The practitioner-friendly guide identifies current and recommended performance measures, explains which data elements need to be collected and how to analyze the data, and offers discussion questions.

Building on Oregon's existing foundation, NCSC's new research plan provides practical tools for data collection informed by ICWA court principles, promising practices in the field, existing national guidance on child welfare measures, and culturally responsive frameworks. Oregon's ICWA courts are also equipped with aspirational measures to expand data collection and analysis for years to come.