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Decolonizing Reasonable and Active Efforts:  How?
01:22:12
ABA Center on Children and the Law

Decolonizing Reasonable and Active Efforts: How?

This workshop explores the history, legal standards, and consequences of federally-mandated “reasonable” and “active” efforts by agencies to promote reunification of families. While “active efforts” may be elusively unenforceable in ICWA cases, it remains the gold standard for holding agencies accountable for promoting reunification. Presenters will invite participants to share innovative ideas and reimagine what particular efforts family defenders could be advocating for to effectively promote reunification. How do family defenders balance resistance to a racist compliance-based system and productively address issues that brought families into the system? Is it possible for “reasonable” and “active” efforts provided by government agencies to truly prevent removal, promote reunification, and even to counteract systemic racism? Or should we be asking on a more fundamental level whether it is the place of government agencies who regulate families to also be delivering services to address the causes of system intervention? If providing these efforts were not the agency’s role, whose role would that be? How might family defenders enforce accountability of government agencies without reasonable and active efforts being required of agencies? We will invite a trauma-informed and anti-racist lens to question and reimagine the design of a family regulation system that purports to help families while threatening and separating them.
Child Welfare Videos: Online Courses
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