ICWA/CFS Attorney

Omaha Tribe of Nebraska•Macy, NE

About The Position

Under the direction of the Director of Children and Family Services (CFS), serves as the legal expert to provide professional legal services for the CFS Department, involving Tribal, State, and Federal law in the research, administration, and enforcement of the CFS Department's statutory authority and obligations, with a primary focus on Indian Child Welfare Act (ICWA) compliance and advocacy in State and Tribal courts. Performs related work as assigned. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: · Confers with representatives of the Tribal Court and the Tribal government to share information on legal/program issues or activities and to elicit necessary support for the CFS Department's priorities and goals. · Advises CFS Department management, Tribal, and State officials on the stipulations and the legal impact of agency plans and operations to assist in the attainment of the CFS Department's goals and objectives with statutory requirements. · Recommends draft law, Department policies, and procedural statements to provide legal or administrative options to Department management in the enforcement of the Department's statutory authority. · Prepares drafts of correspondence, conclusions of law, Department policies and procedures, and other legal documents to provide legal guidance to legal counsel or Department management. · Directs the work activities of assigned legal staff members, as needed, to facilitate the attainment of program work goals and ensure the consistent application of administrative policies, procedures, standards, and legal requirements. ICWA-FOCUSED DUTIES: · Represents the Omaha Tribe and CFS in all ICWA-related child custody and child welfare proceedings in Tribal and State courts, including preparing and arguing motions to intervene, motions to transfer to Tribal Court, and other pleadings necessary to protect Tribal interests and ICWA rights. · Reviews all child welfare and juvenile cases involving Omaha children or potentially eligible Omaha children to determine ICWA applicability and ensure timely and proper notice to parents, Indian custodians, and tribes as required by ICWA and applicable State ICWA law. · Works closely with CFS staff to ensure that "active efforts" requirements under ICWA and State law are met, documented, and clearly presented to the court, including participation in case staffings, family team meetings, and multidisciplinary team meetings. · Ensures that ICWA placement preferences are followed and, when necessary, advocates for findings of good cause consistent with Tribal policy, ICWA, and BIA Guidelines. · Coordinates and assists with the identification, retention, and preparation of Qualified Expert Witnesses (QEWs) in ICWA cases. · Develops and maintains a list of caseload numbers of ICWA and Native children for Tribal Council and other Tribal leadership. · Develop data benchmarks and prepares appropriate reports regarding Native families involved in State and Tribal child welfare systems. · Drafts, updates, and implements Tribal ICWA policies, procedures, forms, and checklists to support consistent ICWA practice and compliance by CFS staff and the Omaha Tribal Court. · Participates as a member of the team in Tribal and State negotiation of agreements, including ICWA-related Memorandums of Understanding and other cooperative agreements. · Collaborates closely with the Tribal ICWA Advisory Board to review cases, identify systemic issues, and recommend solutions to improve ICWA compliance and outcomes for Native children and families. · Consults and collaborates with the Omaha Tribal Court on ICWA implementation, case coordination, and development of court rules or procedures related to ICWA. · Build and maintains relationships with Tribal partners, social services, Tribal Court, and State courts. · Meets with Tribal partners and serve as a liaison to support Tribal CFS as needed. · Provides technical advice to Tribal, State, and Federal partners regarding ICWA requirements and best practices. · Assists Tribal CFS with other legal and programmatic needs assigned to support the safety, permanency, and well-being of Omaha children and families.

Requirements

Juris Doctorate (J.D.) from an accredited law school.
Minimum of two years' experience as an attorney practicing law and providing legal services such as advising clients and/or interpreting laws or administrative policies; experience in ICWA, child welfare, juvenile law, or related fields strongly preferred.
Valid Driver's License.
Must pass a Nebraska Child Abuse/Neglect Central Registry and Nebraska Adult Protection Service Central Registry check.
Must pass background check and pre-employment drug screen.
Must be free of any conviction by any state or the United States for a crime punishable by imprisonment in a penitentiary for a term of one (1) year or more, or by any foreign government for a crime which would be punishable by imprisonment for a term of one year or more if committed in Nebraska, or must have been pardoned for such offense, or have had a conviction for offense overturned or reversed by a court of competent jurisdiction.
Must be a member, or become a member, of the Omaha Tribe Bar Association.
Licensed, or eligible for prompt licensure, to practice law in at least one state; licensure in Nebraska and admission to practice in Nebraska State courts strongly preferred.
Knowledge of Tribal, State, and Federal statutory and case law and Tribal constitutional provisions pertinent to the CFS Department; the techniques of preparing or drafting legal documents and forms; judicial procedures and rules of evidence; the principles and practices of legal research; the procedures of trial and administrative hearings; and the principles and practices of criminal and civil law administration.
Specific knowledge of the Federal Indian Child Welfare Act (ICWA), applicable State ICWA statutes (including Nebraska ICWA), BIA ICWA Regulations and Guidelines, and Omaha Tribal law and policies related to child welfare and ICWA.
Skill in preparing summaries, legal analyses, findings and conclusions, briefs, and other legal documents; negotiating and communicating with others sufficient to persuade their acceptance of contentious goals or viewpoints; and applying critical thinking to resolve issues.
Ability to communicate in person, by telephone, and in writing (including emails, summaries, and correspondence) the facts and arguments of a case to persuade acceptance of the goals or viewpoints presented; interact with legal associates, other Tribal employees, the public, and representatives of parties involved in a case; and formulate legal opinions and recommendations based on legal research and investigation.
Must comply with the Omaha Tribe's Drug Free Policy.

Nice To Haves

experience in ICWA, child welfare, juvenile law, or related fields strongly preferred.
licensure in Nebraska and admission to practice in Nebraska State courts strongly preferred.

Responsibilities

Confers with representatives of the Tribal Court and the Tribal government to share information on legal/program issues or activities and to elicit necessary support for the CFS Department's priorities and goals.
Advises CFS Department management, Tribal, and State officials on the stipulations and the legal impact of agency plans and operations to assist in the attainment of the CFS Department's goals and objectives with statutory requirements.
Recommends draft law, Department policies, and procedural statements to provide legal or administrative options to Department management in the enforcement of the Department's statutory authority.
Prepares drafts of correspondence, conclusions of law, Department policies and procedures, and other legal documents to provide legal guidance to legal counsel or Department management.
Directs the work activities of assigned legal staff members, as needed, to facilitate the attainment of program work goals and ensure the consistent application of administrative policies, procedures, standards, and legal requirements.
Represents the Omaha Tribe and CFS in all ICWA-related child custody and child welfare proceedings in Tribal and State courts, including preparing and arguing motions to intervene, motions to transfer to Tribal Court, and other pleadings necessary to protect Tribal interests and ICWA rights.
Reviews all child welfare and juvenile cases involving Omaha children or potentially eligible Omaha children to determine ICWA applicability and ensure timely and proper notice to parents, Indian custodians, and tribes as required by ICWA and applicable State ICWA law.
Works closely with CFS staff to ensure that "active efforts" requirements under ICWA and State law are met, documented, and clearly presented to the court, including participation in case staffings, family team meetings, and multidisciplinary team meetings.
Ensures that ICWA placement preferences are followed and, when necessary, advocates for findings of good cause consistent with Tribal policy, ICWA, and BIA Guidelines.
Coordinates and assists with the identification, retention, and preparation of Qualified Expert Witnesses (QEWs) in ICWA cases.
Develops and maintains a list of caseload numbers of ICWA and Native children for Tribal Council and other Tribal leadership.
Develop data benchmarks and prepares appropriate reports regarding Native families involved in State and Tribal child welfare systems.
Drafts, updates, and implements Tribal ICWA policies, procedures, forms, and checklists to support consistent ICWA practice and compliance by CFS staff and the Omaha Tribal Court.
Participates as a member of the team in Tribal and State negotiation of agreements, including ICWA-related Memorandums of Understanding and other cooperative agreements.
Collaborates closely with the Tribal ICWA Advisory Board to review cases, identify systemic issues, and recommend solutions to improve ICWA compliance and outcomes for Native children and families.
Consults and collaborates with the Omaha Tribal Court on ICWA implementation, case coordination, and development of court rules or procedures related to ICWA.
Build and maintains relationships with Tribal partners, social services, Tribal Court, and State courts.
Meets with Tribal partners and serve as a liaison to support Tribal CFS as needed.
Provides technical advice to Tribal, State, and Federal partners regarding ICWA requirements and best practices.
Assists Tribal CFS with other legal and programmatic needs assigned to support the safety, permanency, and well-being of Omaha children and families.