Tribal Law and Policy Institute Publications
The Tribal Law
and Policy Institute has developed a series of comprehensive
publications. The Institute focuses upon collaborative programs that provide critical
resources for tribal court systems, victims assistance programs, and others
involved in promoting the improvement of justice in Indian country. The
Institute seeks to facilitate the sharing of resources so that Indian Nations
and tribal justice systems have access to low cost resources that they can adapt
to meet the individual needs of their communities. The Institute also seeks to
establish programs which link tribal justice systems with other academic, legal,
and judicial resources such as law schools, Indian law clinics, tribal colleges,
Native American Studies programs, Indian legal organizations and consultants,
tribal legal departments, other tribal courts, and other judicial/legal
institutions. The underlying philosophy is that tribal courts and Indian
people are best served by shared access to existing information and resources -
so that each tribe and tribal justice system does not have to “reinvent the
wheel.” In keeping with this philosophy, we believe that resources -
especially resources developed under federal grants - should be freely
accessibly on the Internet in order to maximize tribal access to these
resources.
The following is a partial listing of current Institute publications - all
freely available for downloading with the exception of the Tribal Legal Studies
textbooks and Tribal Law
and Policy Institute videos. Please note that publications are listed more than
once when the publication is applicable to more than one Tribal Law and Policy
Institute publication series.
We are pleased to announce our most recent publications:
-
Promising Strategies: Tribal State Court Relations
Tribal courts and state courts interact across an array of issues, including
child welfare, cross jurisdictional enforcement of domestic violence orders
of protection, and civil commitments. Since the early 1990s, initiatives by
judges’ organizations within both judicial systems have focused on an agenda
of greater mutual understanding and cooperative action. This publication
spotlights some of the most successful strategies within these initiatives.
-
Promising Strategies: Public Law 280
In PL 280 jurisdictions, the concurrent jurisdiction of state and tribal
courts over criminal prosecutions and civil actions arising in Indian
Country creates many interactions and complications. Tribal and state
authorities encounter one another across an array of issues, including
government-to-government recognition, concurrent jurisdiction,
cross-jurisdictional enforcement of domestic violence orders of protection,
cross-deputization, and civil commitments. Tensions and misunderstandings
have been common features of tribal and state policing relations in the
past, sometimes erupting in jurisdictional conflicts. This publication
highlights unique ways in which tribal and state jurisdictions have entered
into collaborations to overcome barriers to effective justice provision.
Responses to the Co-Occurrence of Child
Maltreatment and Domestic Violence in Indian Country: Repairing the Harm
and Protecting Children and Mothers
December 2011 (Draft) - The Tribal Law and Policy Institute, with funding from the Office on
Violence Against Women (OVW), has undertaken an initial inquiry into the
issue of the co-occurrence of domestic violence and child maltreatment
in Indian country. Using a mixed method approach, this investigation
sought to identify those practices that seem to be moving toward
Native-specific promising practices, and to develop recommendations for
further action in Indian country. Please note that this report is a
draft version, since the final has not yet been formally approved by OVW. |
Safety for Indian Women
from Sexual Assault Offenders Demonstration Initiative
(Draft) - The United States Department of Justice’s Safety for Indian
Women from Sexual Assault Offenders Demonstration Initiative was an
effort of OVW to enhance the response of tribal and federal agencies to
sexual assault of Indian women. This initiative began in September 2005
with OVW grant awards to four tribal demonstration grantee programs and
a tribal technical assistance provider. The Tribal Law and Policy
Institute was selected as the training and technical assistance
provider to demonstration sites. The purpose of this report is to
document background on the Safety project; project goals and objectives;
individual program challenges and accomplishments; technical assistance
efforts; and project evaluation. Moreover, the purpose of this report is
to identify promising practices that were demonstrated by this Safety
for Indian Women from Sexual Assault Offenders Demonstration Initiative
so that others can learn from the experiences of these demonstration
sites. Please note that this report is a draft version, since the final
has not yet been formally approved by OVW. |
Tribal Legal Studies TextbooksWe are pleased to
announce that out newest textbook, "Sharing
our Stories of Survival: Native Women Surviving Violence" along with
Introduction to Tribal Legal Studies and
Tribal Criminal Law and Procedure are all now available for
purchase through
AltaMira Press. These
Tribal Legal Studies textbooks have been funded in part through a grant from the U.S.
Department of Justice’s Bureau of Justice Assistance (BJA) to Turtle
Mountain Community College, and the
Office on Violence Against Women.
-
Sharing our Stories of Survival: Native Women Surviving Violence is a
general introduction to the social and legal issues involved in acts of
violence against Native women, this book's contributors are lawyers,
advocates, social workers, social scientists, writers, poets, and victims.
In the U.S. Native women are more likely than women from any other group to
suffer violence, from rape and battery to more subtle forms of abuse, and
Sharing Our Stories of Survival explores the causes and
consequences of such behavior. The stories and case-studies presented here
are often painful and raw, and the statistics are overwhelmingly grim; but a
countervailing theme also runs through this extremely informative volume:
Many of the women who appear in these pages are survivors, often
strengthened by their travails, and the violence examined here is human
violence, meaning that it can be changed, if only with much effort and
education. The first step is to lay out the truth for all to see, and that
is the purpose accomplished by this book.
-
Introduction to Tribal Legal Studies focuses on law developed by and for Indian Nations and Native people. It
addresses the power of tribal courts and tribal legal systems as key to
the exercise and expansion of tribal sovereignty. Richland and Deer
discuss in depth the histories, structures and practices of tribal
justice systems, efforts to balance tribal legal heritage and
Anglo-American law, the scope of criminal and civil jurisdictions, child
welfare and civil rights, traditional dispute resolution mechanisms in
contemporary tribal law, models of peacemaking, and means for assuring
integrity of tribal courts.
-
Tribal Criminal Law and Procedure
examines the complex subject of tribal criminal law and procedure from a
tribal perspective—utilizing tribal statutory law, tribal case law, and
the cultural values of Native peoples. Garrow and Deer discuss in depth
the histories, structures and practices of tribal justice systems,
comparisons of traditional tribal justice with Anglo-American law and
jurisdictions, elements of criminal law and procedure, and alternative
sentencing and traditional sanctions. Tribal Criminal Law and Procedure
will be an invaluable resource for legal scholars and students.
Tribal Legal Code Resource Series
Tribal Legal Code Resource:
Crimes Against Children
(or Microsoft Word
2007 Format) has been developed by the
Tribal Law and
Policy Institute under a Children's Justice Act Partnerships for Indian
Communities training and technical assistance grant. Specifically it has
been developed to provide assistance to tribes and tribal organizations
that have also received Children’s Justice Act Partnerships for Indian
Communities grants. Tribes frequently request assistance in developing
and/or updating their laws to address victimization of tribal children.
The Institute developed this Resource Guide and Workbook to meet the
identified need. This project was conceived in 2001 under the guidance
of an Advisory Committee of experts in the tribal justice field, those
working with Native child abuse and child victimization issues, and with
tribal child and family services providers. The
Crimes Against American
Indian/Alaska Native Children Resource Guide provides illustrative examples, narrative, and discussion
questions. The discussion questions direct users through a tailoring
process that will assure that the resulting draft statutory provisions
reflect the needs and values of the tribal community that the targeted
law serves.
Tribal Legal
Code Resource: Domestic Violence Laws
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
and the Bureau of Justice
Assistance. This Victim-Centered Approach to Domestic Violence
Against Native Women resource guide includes exercises, examples, and
discussion questions to help you customize your laws to meet the needs
of your community. This resource was revised and updated January 2012,
including changes addressing issues concerning the 2010 enactment of the
Tribal
Law and Order Act.
Tribal Legal
Code Resource: Tribal Judge’s Sexual Assault Bench Book and Bench Card
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
as a resource for tribal judges who hear sexual assault cases in tribal
courts. It provides background information on important sexual assault
and tribal jurisdictional issues, as well as providing guidance in
handling key issues at various stages of a sexual assault criminal
trial.
Tribal Domestic
Violence Case Law: Annotations for Selected Cases
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
as a resource for tribal judicial officers in understanding how some
tribal governments have handled certain legal issues within the context
of domestic violence cases. While a great deal of research has been done
on case law in the state systems, little to no analysis has been done on
the tribal judicial approach to domestic violence. This compendium,
developed as part of an overall code-writing workshop curriculum for
tribal governments, will assist tribal legislators as well.
Understanding how laws are interpreted by the court systems may impact
the development of laws that provide safety to tribal citizens.
Tribal Legal
Code Resource: Sexual Violence and Stalking Laws
was developed by the Tribal Law and
Policy Institute in conjunction with the
Southwest Center for Law and Policy to
be a guide for drafting or
revising victim-centered tribal criminal laws on sexual assault and stalking. It is
written with a philosophy that tribal laws should reflect tribal values.
In addition, writing a tribal law usually requires careful consideration
of how state and/or federal laws might apply in the community. This
resource guide includes sample language and discussion questions which
are designed to help tribal community members decide on the best laws
for their community. This resource was revised and updated May 2012,
including changes addressing the 2010 enactment of the
Tribal Law and
Order Act.
The Tribal Law
and Policy Institute has developed a comprehensive Tribal
Legal Code Project which includes not only a comprehensive revised Tribal
Housing Code, but also includes expanded tribal legal resource materials. These
publications were developed for HUD's Office
of Native American Programs (ONAP) after ONAP identified the need for
resource information concerning additional related tribal codes in order to
facilitate housing and community development in Indian country. These additional
related tribal codes might include zoning, land use and planning, building,
commercial, corporations, environmental review, and probate codes. The following
is an overview of the resources contained within this Tribal Legal Code Project:
Tribal Protocol Guide Series
Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.
Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the
Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.
Child
Abuse Protocol Development Guide
was developed by the Tribal Law and Policy Institute as a workbook with sample protocols, forms and flow charts.
The concept of protecting children and families from various dangers is not new
to most Native communities. In fact there have been standards and mechanisms in
place, both cultural and societal, for eons that have guided how Native Peoples
addressed safety of children and instructions for adults as to how they behaved
with children. These practices have had a significant impact on preventing
abusive and neglectful behavior from occurring.
Sexual Assault Response
Team (SART) Resource
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a guide to creating cohesive
policies between tribal agencies. Victims of sexual assault deserve a
coordinated, comprehensive response from a variety of community
agencies. This SART resource provides a starting point for developing
victim-centered SART teams in your community.
Public Law 280 Resource Series
Public
Law 280: Issues and Concerns For Victims of Crime in Indian Country,
by Ada Pecos Melton and Jerry Gardner
Public Law 83-280 (commonly referred to as Public Law 280 or PL 280) was a
transfer of legal authority (jurisdiction) from the federal government to
state governments which significantly changed the division of legal authority
among tribal, federal, and state governments . . .
Final Report:
Focus Group on Public Law 280 and the Sexual Assault of Native Women
On August 15 - 16, 2007 the Office on Violence Against Women (OVW)
hosted a focus group in Green Bay, Wisconsin to discuss challenges to,
and opportunities for, collaboration between states and tribes in Public
Law 280 jurisdictions to address sexual assault in Indian country. The
Tribal Law and Policy Institute provided technical assistance and
collaborated with OVW on the design and delivery of the session. This
final report details the event.
Violence Against Native Women Publications
Tribal Legal
Code Resource: Domestic Violence Laws
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
and the Bureau of Justice
Assistance. This Victim-Centered Approach to Domestic Violence
Against Native Women resource guide includes exercises, examples, and
discussion questions to help you customize your laws to meet the needs
of your community. This resource was revised and updated January 2012,
including changes addressing issues concerning the 2010 enactment of the
Tribal
Law and Order Act.
Tribal Legal
Code Resource: Tribal Judge’s Sexual Assault Bench Book and Bench Card
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
as a resource for tribal judges who hear sexual assault cases in tribal
courts. It provides background information on important sexual assault
and tribal jurisdictional issues, as well as providing guidance in
handling key issues at various stages of a sexual assault criminal
trial.
Tribal Domestic
Violence Case Law: Annotations for Selected Cases
was
developed by the Tribal Law and
Policy Institute in cooperation with the
Office on Violence Against Women
as a resource for tribal judicial officers in understanding how some
tribal governments have handled certain legal issues within the context
of domestic violence cases. While a great deal of research has been done
on case law in the state systems, little to no analysis has been done on
the tribal judicial approach to domestic violence. This compendium,
developed as part of an overall code-writing workshop curriculum for
tribal governments, will assist tribal legislators as well.
Understanding how laws are interpreted by the court systems may impact
the development of laws that provide safety to tribal citizens.
Listen to the Grandmothers Video Discussion Guidebook (Note: this PDF is one megabyte)
was developed by the Tribal Law and Policy Institute in order to assist tribal
programs with incorporating cultural traditions into contemporary responses to
violence against Native women. The "Listen to the Grandmothers” video features Native elders
speaking to the problem of violence against Native women. The video
provides a historical overview of violence against Native women,
traditional responses to such violence and an analysis on incorporating
cultural traditions into contemporary responses to violence against
Native women. For information
concerning the video and accompanying guidebook, please contact the
Minnesota office of the Tribal Law and Policy Institute. Due to the
sensitive nature of this video, we welcome the opportunity to provide
onsite training and technical assistance on the use of these products.
Sharing our Stories of Survival: Native Women Surviving Violence is a
general introduction to the social and legal issues involved in acts of
violence against Native women, this book's contributors are lawyers,
advocates, social workers, social scientists, writers, poets, and victims.
In the U.S. Native women are more likely than women from any other group to
suffer violence, from rape and battery to more subtle forms of abuse, and
Sharing Our Stories of Survival explores the causes and
consequences of such behavior. The stories and case-studies presented here
are often painful and raw, and the statistics are overwhelmingly grim; but a
countervailing theme also runs through this extremely informative volume:
Many of the women who appear in these pages are survivors, often
strengthened by their travails, and the violence examined here is human
violence, meaning that it can be changed, if only with much effort and
education. The first step is to lay out the truth for all to see, and that
is the purpose accomplished by this book.
TribalProtectionOrder.org Launched - Under a grant from the Office on
Violence Against Women, the Tribal Law and Policy Institute has launched a new
website, TribalProtectionOrder.org, which is designed to provide both tribal and
non-tribal entities with a clearinghouse of information and resources pertaining
to the issuance and enforcement of protection orders.
Tribal Domestic Violence Case
Law: Annotations for Selected Tribal Cases Related to Domestic Violence
is designed to assist tribal judicial officers in understanding how some tribal
governments have handled certain legal issues within the context of domestic
violence cases. While a great deal of research has been done on case law in the
state systems, little to no analysis has been done on the tribal judicial
approach to domestic violence. This compendium, developed in 2003 as part
of an overall code-writing workshop curriculum for tribal governments, will
assist tribal legislators as well. Understanding how laws are interpreted by the
court systems may impact the development of laws that provide safety to tribal
citizens.
Tribal Sexual Assault and Stalking Resource Series
Tribal Legal
Code Resource: Sexual Violence and Stalking Laws
was developed by the Tribal Law and
Policy Institute in conjunction with the
Southwest Center for Law and Policy to
be a guide for drafting or
revising victim-centered tribal criminal laws on sexual assault and stalking. It is
written with a philosophy that tribal laws should reflect tribal values.
In addition, writing a tribal law usually requires careful consideration
of how state and/or federal laws might apply in the community. This
resource guide includes sample language and discussion questions which
are designed to help tribal community members decide on the best laws
for their community. This resource was revised and updated May 2012,
including changes addressing the 2010 enactment of the
Tribal Law and
Order Act.
Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.
Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the
Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.
Sexual Assault Response
Team (SART) Resource
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a guide to creating cohesive
policies between tribal agencies. Victims of sexual assault deserve a
coordinated, comprehensive response from a variety of community
agencies. This SART resource provides a starting point for developing
victim-centered SART teams in your community.
Final Report:
Focus Group on Public Law 280 and the Sexual Assault of Native Women
On August 15 - 16, 2007 the Office on Violence Against Women (OVW)
hosted a focus group in Green Bay, Wisconsin to discuss challenges to,
and opportunities for, collaboration between states and tribes in Public
Law 280 jurisdictions to address sexual assault in Indian country. The
Tribal Law and Policy Institute provided technical assistance and
collaborated with OVW on the design and delivery of the session. This
final report details the event.
Tribal Response to Child Abuse Resource Series
As the training and technical assistance provider for CJA grantees, the Tribal
Law and Policy Institute has developed resources and training materials to
assist Tribes with the development of their projects. The Institute provides
training for CJA grantees on the development of Child Protection Teams,
Multi-disciplinary Teams, Mandatory Reporting of Child Abuse, and has assisted
Tribes in developing other training efforts emphasizing local and regional
resources available to address child abuse and child sexual abuse. Regional
and national training events for CJA grantees are also provided and may focus
on topics or skills, such as "Trauma and Tribal Children",
"Investigations and Interventions in Child Sexual Abuse Cases in Indian
Country", etc.
Tribal Legal Code Resource:
Crimes Against Children
(or Microsoft Word
2007 Format) has been developed by the
Tribal Law and
Policy Institute under a Children's Justice Act Partnerships for Indian
Communities training and technical assistance grant. Specifically it has
been developed to provide assistance to tribes and tribal organizations
that have also received Children’s Justice Act Partnerships for Indian
Communities grants. Tribes frequently request assistance in developing
and/or updating their laws to address victimization of tribal children.
The Institute developed this Resource Guide and Workbook to meet the
identified need. This project was conceived in 2001 under the guidance
of an Advisory Committee of experts in the tribal justice field, those
working with Native child abuse and child victimization issues, and with
tribal child and family services providers. The
Crimes Against American
Indian/Alaska Native Children Resource Guide provides illustrative examples, narrative, and discussion
questions. The discussion questions direct users through a tailoring
process that will assure that the resulting draft statutory provisions
reflect the needs and values of the tribal community that the targeted
law serves.
Community Facilitator's Guidebook
- The Tribal
Law and Policy Institute announced the release of Pathway To Hope: Healing Child
Sexual Abuse at the January 2008 Alaska Native Summit on Child Sexual Abuse
which was held in Anchorage, Alaska. The video was developed through funds from
the Office for Victims of Crime as a resource to Tribes receiving the Children's
Justice Act Partnerships for Indian Communities grants to address child sexual
abuse and serious child abuse. This video, which presents the voices of over 40
Native people, many of whom are survivors of child sexual abuse, and the
Community Facilitator's Guidebook
provide a
step by step process for Tribal communities to end silence about child sexual
abuse, support child victims and promote healing of those who suffered childhood
abuse. The video opens with five different languages spoken by Native elders in
Alaska as they give permission and urge attention on the issues of child sexual
abuse for the sake of our children. Due to the sensitive issues addressed by the
video and the need for guidance in using this product and the Guidebook for
community education, we welcome the opportunity to provide onsite training and
technical assistance on the use of these products.
Child
Abuse Protocol Development Guide
was developed by the Tribal Law and Policy Institute as a workbook with sample protocols, forms and flow charts.
The concept of protecting children and families from various dangers is not new
to most Native communities as there have been standards and mechanisms in
place, both cultural and societal, for eons that have guided how Native Peoples
addressed safety of children and instructions for adults as to how they behaved
with children. These practices have had a significant impact on preventing
abusive and neglectful behavior from occurring.
A Best Practice Approach
for Tribal Advocates Working with Native Children who have Suffered Abuse
suggests an approach to evaluating the needs of children who enter the child
protection system and suggests a context for the evaluation that is culturally
consistent with most tribal child rearing philosophies.
Perceptions of Methamphetamine use in three Western Tribal Communities:
Implications for Child Abuse in Indian Country
Indian country lacks both a
macro and micro study of child abuse and methamphetamines. Because so little is
documented routinely by either law enforcement, social services or medical
professionals in assessing risks and dangers to children from environments where
meth is found, data is difficult to find. However, in an attempt to explore the
increasing concerns raised by the emerging methamphetamine epidemic in Indian
country, professionals from three Western Tribal communities were asked to
complete a survey about their perceptions of meth us and implications for child
abuse in the communities in which they worked. This study was funded through the
Training and Technical Assistance grant that the Tribal Law and Policy Institute
receives for Children’s Justice Act Partnerships in Indian Communities to assist
tribes in addressing serious child abuse. The tribes and individuals that
participated in the study were guaranteed anonymity due to the sensitive nature
of the questions being asked. However, each Tribal Council provided permission
for the surveys to be conducted within their service areas.
Understanding the Effects of Childhood Trauma on Brain Development in Native
Children
– By Eidell Wasserman, Ph.D. CJA grantees have requested information that will
assist them in educating others about the impact of victimization and trauma on
brain development in young Native children. This full color document is a
summary of the current research, and includes graphics and several “story boxes”
to help readers understand the scientific basis and provide practical
information on how trauma affects children.
Tips
for Non-Native Medical Providers Working in Alaska Native Communities
was developed by the Tribal
Law and Policy Institute in response to frequent requests for information to assist non-Native
people in responding appropriately to Native children and families when there
are allegations or disclosures of child abuse and child sexual abuse.
This document is specific to medical personnel, but similar versions are also
available for State child protection workers, CASAs, and victim advocates
working with Native children.
Basic
Guidelines for Forensic Interviewers in Child Sexual Abuse Cases in Indian
Country and Alaska Native Communities
by Roe Bubar, J.D., is intended to provide an overview of the primary
considerations necessary in the interview process when allegations of child
sexual abuse arise in Indian Country and Alaska Native communities. Forensic
interviews are an important part of the investigative process, require
specialized training and involve complex issues. This document outlines three
areas of particular concern and is not intended to be a training tool that
informs or guides the interview process.
Tribal Court CASA Court
Appointed Special Advocate) Project
Publications
The Tribal Court Appointed Special Advocate (CASA)
Project was started in 1994 to assist in the development and enhancement of
Tribal Court programs that provide volunteer advocacy for abused or
neglected Native American children. The goal of the National
CASA Association is to increase the number of
Indian children who are receiving culturally sensitive representation
through indigenous CASA programs in Tribal Court proceedings. The Project is
advised by the Tribal Court Advisory Committee, whose purpose is to review
and consult with National CASA Association on the development of Tribal
Court programs, the best methods to assist the Tribal Court programs, and
the best methods for adapting CASA to meet the needs of Native American
communities. The National CASA
Association, in conjunction with the Tribal
Law and Policy Institute and the Tribal Court
CASA Advisory Committee, has developed a series of tribal court specific
resources, including:
Office for Victims of
Crime Monographs
Victim Services: Promising Practices in Indian Country (2004) is an OVC
monograph produced by the Tribal Law and Policy
Institute that describes promising practices for assisting victims of violence and
abuse in twelve Indian Country locations throughout the United States. Each
description includes the program’s keys to success, relevant demographic data,
and a contact for further information.
The Center on Child Abuse
and Neglect (CCAN) provides a Native American topic specific monograph
series. This project developed a series of booklets to assist individuals in
better understanding issues affecting Native communities. The booklets
increase the amount and quality of resource materials available to community
workers so that they can assist Native American victims of crime and the
general Native public. This project was funded by the Department
of Justice, Office for Victims of
Crime.
Improving
the Relationship Between Indian Nations, the Federal Government, and State
Governments, by Jerry Gardner
In order to effectively address criminal
justice issues in Indian country and services for victims of crime in Indian
country, it is vital that productive efforts are made to improve the
relationship between Indian Nations, the federal government, and state
governments. The first step
required in any effort to improve these relationships is an understanding and
recognition of the unique sovereign status of Indian Nations. Second, contemporary problems in the relationship between these
governments should be examined. Third,
recent examples of efforts to improve the relationship between these
governments should be reviewed. Then,
the potential use of written cooperative agreements - such as Memorandums of
Understanding (MOUs) - to improve the relationship between these governments
should be examined. Finally,
practical tips for developing and implementing written cooperative agreements
should be reviewed.
Public
Law 280: Issues and Concerns For Victims of Crime in Indian Country,
by Ada Pecos Melton and Jerry Gardner
Public Law 83-280 (commonly referred to as Public Law 280 or PL 280) was a
transfer of legal authority (jurisdiction) from the federal government to
state governments which significantly changed the division of legal authority
among tribal, federal, and state governments . . .
Tribal Video Resource Series
Community Facilitator's Guidebook
- The Tribal
Law and Policy Institute announced the release of Pathway To Hope: Healing Child
Sexual Abuse at the January 2008 Alaska Native Summit on Child Sexual Abuse
which was held in Anchorage, Alaska. The video was developed through funds from
the Office for Victims of Crime as a resource to Tribes receiving the Children's
Justice Act Partnerships for Indian Communities grants to address child sexual
abuse and serious child abuse. This video, which presents the voices of over 40
Native people, many of whom are survivors of child sexual abuse, and the
Community Facilitator's Guidebook
provide a
step by step process for Tribal communities to end silence about child sexual
abuse, support child victims and promote healing of those who suffered childhood
abuse. The video opens with five different languages spoken by Native elders in
Alaska as they give permission and urge attention on the issues of child sexual
abuse for the sake of our children. Due to the sensitive issues addressed by the
video and the need for guidance in using this product and the Guidebook for
community education, we welcome the opportunity to provide onsite training and
technical assistance on the use of these products.
Listen to the Grandmothers Video Discussion Guidebook (Note: this PDF is one megabyte)
was developed by the Tribal Law and Policy Institute in order to assist tribal
programs with incorporating cultural traditions into contemporary responses to
violence against Native women. The "Listen to the Grandmothers” video features Native elders
speaking to the problem of violence against Native women. The video
provides a historical overview of violence against Native women,
traditional responses to such violence and an analysis on incorporating
cultural traditions into contemporary responses to violence against
Native women. For information
concerning the video and accompanying guidebook, please contact the
Minnesota office of the Tribal Law and Policy Institute. Due to the
sensitive nature of this video, we welcome the opportunity to provide
onsite training and technical assistance on the use of these products.
Tribal Healing to
Wellness Court Publications
In July 1999, the Tribal Law and Policy
Institute developed a Tribal Drug Courts publication entitled Healing
to Wellness Courts: A Preliminary Overview of Tribal Drug Courts. This
publication is a part of the Tribal Healing to Wellness Court Technical
Assistance Project Resource Publication Series (Adobe
Acrobat Reader is required to view these files). The full series is as
follows:
-
Healing
to Wellness Courts: A Preliminary Overview of Tribal Drug Courts

This
publication (initially published in July 1999) provides an overview of
Tribal Drug Courts or Tribal Healing to Wellness Courts. This overview
discusses how the drug court concept is consistent with Native American concepts
of justice and how the drug court concept can be adapted to meet the
specific needs of individual Native American communities. It provides
information concerning the background of the Tribal Healing to Wellness
Courts movement, the unique role and importance of Tribal Justice Systems,
adapting the term "drug court" for Trial Justice Systems, defining
drug courts, and defining Healing to Wellness Courts. It then provides an
overview of some of the critical issues and challenges faced by Tribal
Healing to Wellness Courts, including the challenge of incorporating tribal
custom and tradition, addressing the high volume of alcohol abuse cases, and
addressing jurisdictional and resource limitations.
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Tribal
Healing to Wellness Courts: The Key Components

Tribal Healing to Wellness Courts: The Key Components is designed to provide suggested key components and recommended
practices needed for Indian Nations and tribal justice systems to consider
as they design, develop, and implement drug courts that meet the needs of
their individual communities. The publication is organized around ten key
components, adapted for Indian nations and tribal justice systems, which
describe the basic elements that define Tribal Healing to Wellness Courts.
The purpose of each component is explained, followed by several recommended
practices that give guidance for implementing each component. Healing to
Wellness Courts help to put misguided individuals back on track, on to a
healing to wellness journey. As this publication sets forth, each tribal
community and nation must define and describe the nature of this healing
journey. Its direction and pathway must be guided by each Indian Nation's
culture, tradition, common practices, and vision.
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Tribal
Healing to Wellness Courts: Treatment Guidelines for Adults and Juveniles
(Draft)

Tribal
justice systems have often become separated from the provision of healing
services. Holistically, this separation of function has made it very
difficult to deal effectively with the physical and spiritual healing that
is fundamental to tribal tradition. Many tribes have begun the process of
annexing their court systems with a range of treatment services that combine
traditional healing with western treatment concepts through tribal drug
courts - or healing to wellness courts. This publication examines guidelines
that have been developed to provide tribal communities with an overview of
substance abuse treatment strategies as they have been developed by drug
court programs. Tribal programs might consider applying these treatment
strategies along with traditional healing practices. These guidelines draw
upon the experiences of hundreds of state adult and juvenile drug court
programs, operating in various environments and serving a wide range of
individuals addicted to alcohol and/or other drugs. This publication
examines key issues in developing treatment, developing a wellness court
treatment program, adapting treatment program components, special
considerations regarding treatment services, strategies for maintaining sobriety
(relapse prevention), and looking ahead. Please note that this is the first
publication to comprehensively address the difficult and controversial issue
of drug court treatment guidelines - consequently, this publication should also
prove very useful for state drug courts.
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Tribal
Healing to Wellness Courts: The Judge’s Bench Book (Draft)

For
every difficult demanding journey, one must have a leader. In a Healing to Wellness
Court, that person is the judge. This bench book is designed to provide
instruction and practical tools for judges in their efforts to guide those traveling
on the road to wellness. It is designed to provide general guidance for
judges, examples of court procedure, and tools to assist judges in their
wellness court role. This bench book is also useful for wellness court team
members and community leaders who are interested in designing, creating, an
implementing a wellness court program.
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Tribal
Healing to Wellness Courts: Program Development Guide (Draft)

Tribal Healing to Wellness Courts: Program Development Guide is a practical handbook for planning, implementing,
and managing Healing to Wellness Courts (adult, juvenile, and family). This
program development guide provides step-by-step recommendations for design,
development, and implementation of Tribal Healing to Wellness Court programs
from a practical standpoint. It is designed to assist steering committees and
planning groups as they (1) use team-based approaches; (2) gain
knowledge of Healing to Wellness Court concepts; (3) incorporate the ten key
components; (4) help establish policies and procedures suitable to the needs
of the tribal community; (5) guide the court to integrate available
resources; (6) develop interagency agreements; (7) incorporate a management
information system to track participants and services; and (8) identify
possible problem areas.
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Tribal Healing to Wellness
Courts Operational Materials (with American
University) (Please Contact
American University for copies of this publication).
Perceptions of Methamphetamine use in three Western Tribal Communities:
Implications for Child Abuse in Indian Country
- Indian country lacks both a
macro and micro study of child abuse and methamphetamines. Because so little is
documented routinely by either law enforcement, social services or medical
professionals in assessing risks and dangers to children from environments where
meth is found, data is difficult to find. However, in an attempt to explore the
increasing concerns raised by the emerging methamphetamine epidemic in Indian
country, professionals from three Western Tribal communities were asked to
complete a survey about their perceptions of meth us and implications for child
abuse in the communities in which they worked. This study was funded through the
Training and Technical Assistance grant that the Tribal Law and Policy Institute
receives for Children’s Justice Act Partnerships in Indian Communities to assist
tribes in addressing serious child abuse. The tribes and individuals that
participated in the study were guaranteed anonymity due to the sensitive nature
of the questions being asked. However, each Tribal Council provided permission
for the surveys to be conducted within their service areas.
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