Strengthening Sovereignty from the Bench: The ICWA Court Improvement Program Evolves
In Tribal child welfare, the courtroom is more than a legal arena. It is where sovereignty, tradition, and the future of Native families all pull up a chair and ask, “So, what are we doing about this?” That is why recent changes to the Indian Child Welfare Act (ICWA) and the Court Improvement Program (CIP) are kind of a big deal. From new funding to fresh expectations, the legal landscape is finally catching up to what Tribal communities have known all along. Protecting children means protecting culture, honoring kinship, and respecting sovereignty.
Let us walk through what is changing, why it matters, and how your court, your program, or your community can use these updates to build smarter, more sovereign systems without needing a law degree or a spreadsheet wizard. We promise, this will not require memorizing acronyms longer than a deer’s shadow in October.
What Is the Court Improvement Program and Why Does It Matter?
Let us start with the basics. The Court Improvement Program (CIP) has been around for decades, quietly humming in the background, funding court reforms related to child welfare. For a long time, it mostly helped state courts figure out how to move cases faster, track decisions better, and avoid dropping the ball when families were already in crisis. Kind of like duct tape for court systems, not glamorous, but often holding things together.
But in recent years, especially with pressure from Tribal advocates and some serious side eye from ICWA attorneys, the conversation has shifted. Courts are now being asked gently but firmly to stop treating Tribal involvement like an optional step. Enter the ICWA focused updates to CIP.
CIP now offers three types of grants, each with real potential to support ICWA implementation:
- Basic Grants fund broad improvements, like case flow management, reducing delays, and improving family engagement. Think of it as upgrading your system from a flip phone to a smartphone. No more T9 texting your court orders.
- Data Grants help build or improve tracking systems that actually include Tribal affiliation, case timelines, notice dates, and yes, whether someone actually picked up the phone to call the Tribe.
- Training Grants provide funding for staff development, cross training between courts and Tribal representatives, and creating materials that explain what “active efforts” means in real life, not just in a legal brief. Spoiler, it is more than a voicemail.
In short, CIP is no longer just for state court paperwork clean up. It is a tool, and a funded one, that Tribal courts and state Tribal partnerships can use to modernize, digitize, and build processes that actually reflect the communities they serve. And maybe even free up a little time for your overworked staff to have a lunch that does not come in a vending machine.
New Law, New Funding: What the 2025 Updates Change
In 2025, Congress passed the Supporting America’s Children and Families Act, a law with a name so long it probably needed its own acronym. But unlike a lot of federal reform, this one actually delivers. No empty calories here.
Here is what changed, and why your ears should perk up like ours do when we hear grant funding in the wind:
More Tribal Court Funding: Annual funding for Tribal Court Improvement Projects (TCIPs) doubled, jumping from 1 million to 2 million. These grants are discretionary, which means no state match is required. If you have been avoiding federal applications because you cannot find a match partner, this is your green light. Saddle up.
ICWA Data Collection Is Now Required: States taking CIP funds must now report on their ICWA compliance. That includes metrics like whether Tribes were properly noticed, if active efforts were documented, and whether someone remembered to include cultural considerations before making placement decisions. No more “close enough” records. The data deer are watching.
Technical Assistance Is Baked In: HHS is now providing support to help courts and agencies figure out how to actually implement these changes. Think policy templates, reporting tools, example workflows, and less head scratching all around. Like trail signs when the fog rolls in.
Tribal Collaboration Is No Longer Optional: States must demonstrate ongoing collaboration with Tribes. That means Tribes should be at the table, not on the sidelines, when new court processes or reforms are being designed. Think joint working groups, regular consultation, and shared decision making. If it feels like a potluck, you are doing it right. Just bring something other than pasta salad.
All together, these changes mean the feds are finally backing up the promise of ICWA with resources and structure. It is not just about compliance anymore. It is about accountability, visibility, and genuine partnership. And we like partnerships almost as much as we like well labeled PDFs.
How Tribes and States Are Putting These Tools to Work
So how is all this showing up on the ground? Across the country, we are seeing Tribes and state courts put this funding to work in creative, culturally grounded, and sometimes unexpectedly delightful ways.
WA
Washington State is syncing data systems between child welfare agencies and the courts so information actually flows. That means fewer cases where someone has to say, “I think that form is in someone’s inbox… somewhere.” Translation: the deer can find the salt lick without a map.
AK, MT, NM
In Alaska, Montana, and New Mexico, Tribal courts are using TCIP funds to digitize case files, build real time reporting dashboards, and implement culturally relevant family reunification programs. These are not just court upgrades. They are sovereignty in spreadsheet form. And trust us, these spreadsheets actually work.
CA
California has used CIP to train more than 800 judges and child welfare professionals on ICWA, emphasizing not just the legal requirements but the deeper cultural context. And yes, they are finally addressing the “What does active efforts really mean?” question. Hint: It is not sending a pamphlet and hoping for the best.
One thing all these projects have in common? They prioritize relationships, community leadership, and systems that reflect lived experience, not just legal theory. They rebuild trust, reduce burnout, and make space for Native children to be raised in Native homes, connected to their families, language, and identity. Which is exactly how it should be, and how it always should have been.
Want help figuring out how your Tribe, court, or program can use CIP or TCIP funding?
Mule Deer Consulting can walk you through eligibility, narrative strategy, and proposal development. We translate fed speak into real world solutions, and we make sure your grant proposals reflect your values, not just the checklist.
Feed the deer. Do not lose the trail. And if you are out of trail mix and patience, we will bring snacks and strategy. Let us get to work.
