ERIC Number: ED138423
Record Type: RIE
Publication Date: 1975-Oct
Reference Count: 0
Legal and Jurisdictional Problems in the Delivery of SRS Child Welfare Services on Indian Reservations.
Baumheier, Edward C.; And Others
Due to various factors, legal and jurisdictional issues often hinder the administration and delivery of Social and Rehabilitation Service (SRS) services on reservations. Focusing on child welfare programs, legal and jurisdictional problems concerning the delivery of SRS services on reservations and the means of coping with them were explored through field research at 10 reservations in 8 states and library legal research. Child welfare services were defined as including foster care, adoption, day care, protective services, and certain institutional and homemaker services. Field research disclosed complex interagency relationships and patterns of service delivery. Three major recurrent legal and jurisdictional problems were uncovered; conflicting legal interpretations about the roles and responsibilities of state or county offices in providing certain SRS services on reservations; state rulings that the state cannot license facilities on reservations; and reluctance of some state courts and institutions to honor tribal court orders. In the long run, no final resolution of the basic jurisdictional tension will be possible without major Federal legislation, probably including amendments to the Social Security Act. Several alternatives and recent legal rulings are discussed in detail. (NQ)
Descriptors: Agency Cooperation, American Indian Reservations, American Indians, Child Welfare, Conflict Resolution, Court Litigation, Day Care, Delivery Systems, Federal Legislation, Institutional Role, Law Enforcement, Legal Problems, Legal Responsibility, Problem Solving, Role Perception, Social Services, States Powers, Tribes
Center for Social Research & Development, Spruce Hall, Room 21, University of Denver, Denver, Colorado 80208 (#59, $5.50)
Publication Type: Reports - Research
Education Level: N/A
Sponsor: Children's Bureau (DHEW), Washington, DC.
Authoring Institution: Denver Univ., CO. Denver Research Inst.
Note: Related documents include RC 009 895, RC 009 876-879