Albuquerque ICWA Court is impactful through communication, collaboration, and organization (see ICWA Court Guide Resource)”
Bernalillo County’s ICWA Court: A Model of Collaboration and Commitment
Since its inception in 2020, the Bernalillo County ICWA Court in Albuquerque, New Mexico, has been vital in upholding the principles of the Indian Child Welfare Act (ICWA). As only the sixth ICWA Court to be created in the nation, it stands out not only for its dedication to tribal partnerships and culturally informed practices, but also for its leadership. Judge Catherine Begaye, New Mexico’s Second Judicial Court Judge is one of the few Native American judges presiding over an ICWA Court. In fact, the Bernalillo ICWA Court owes its inception to Judge Begaye who played a key role in envisioning and launching the court while serving as a Hearing Officer at the Second Judicial District Court. Judge Begaye has made it her mission to continue seeking safe and appropriate outcomes for Indian families. The Court is also supported by a team that includes Hearing Officer Lindsey Fooks and ICWA Court Program Manager Megan Gonzales. Together, they have created an environment where communication, collaboration, and adaptability guide every decision when working with its case partners. Their goal is a Court where cases are handled with the care and cultural sensitivity they require.
A Court Built on Partnership
To this end, ICWA Court has been fortunate enough to receive the support of the local New Mexico protective services office, Children, Youth and Families Department (CYFD) to develop the state’s only dedicated ICWA Unit. Still the Court’s team would not be complete without the staffed specialists with a strong understanding of both the Federal ICWA law, New Mexico’s Indian Family Protection Act (IFPA), and the New Mexico Children’s Code. Attorneys assigned to ICWA Court also bring deep expertise, advocating for families with a firm grasp of the law’s protections.
In addition to State and legal partners, the involvement of tribal representatives has been a cornerstone of the court’s effectiveness. The court makes it a priority to ensure tribal partners can attend hearings, case staffings, and other proceedings, carefully scheduling around cultural observances, tribal office closures, and time zone differences to maintain open lines of communication with out of state tribal partners.
Evolving to Meet the Needs of NM Families
ICWA Court staff, including tribal partners, CYFD personnel, attorneys, and advocates meet regularly in case staffings to identify barriers, seek paths to maintain cultural and familial connections, and develop creative, family-centered solutions. Training is another key component of the court’s approach, with sessions held throughout the year to covering topics such as how to utilize local services for incarcerated parents, substance use interventions, culturally relevant services, and tribal-led trainings. The court is not only shaping outcomes in New Mexico but also influencing national discussions about child welfare and tribal rights, including presentations at the 2024 National Indian Child Welfare Association (NICWA) Conference hosted in Seattle, WA and will be returning in 2025 for NICWA’s 43rd annual conference in Orlando, FL.
Measurable Impact
Since its launch, the Bernalillo ICWA Court has served 76 families across 18 tribes, pueblos, and nations. On average, families spend less than a year (333 days) within the ICWA Court system, and in 2024, 85% of children involved in cases were placed in preferred placements. Perhaps the most striking outcome: since its creation, there has not been a single termination of parental rights in ICWA Court. This outcome speaks to the program’s commitment to reunification, advocacy, and collaboration in ensuring that children remain within their families and tribal communities whenever possible.
Additional information and resources, such as a Program Guide and Parent Guide for the Bernalillo County ICWA Court, can be found here on the Second Judicial District Court website.
Megan Gonzales
ICWA Court Program Manager
Children’s Court Division