For Indians and Indian Country there are special rules that govern state and local jurisdiction. There may also be federal and tribal laws that apply.
California American Indian/Alaska Native Data Sources
Insufficient tribally-specific data makes it exceedingly difficult for American Indian/Alaska Native communities to document the magnitude and nature of problems such as child abuse, domestic violence, or crime so that tribes can secure the funding necessary to address these problems. It also makes it difficult for tribal/state/local partnerships to work on these problems together. To begin to address this issue, the Judicial Council of California, in collaboration with the Tribal Law and Policy Institute, investigated what tribally-specific data is available and prepared a summary of these data sources and a related annotated bibliography.
Native American Statistical Abstract: Population Characteristics
1. How many California tribes are there?
There are 109 federally recognized Indian tribes, including several tribes with lands that cross state boundaries. There are also about 45 tribal communities of formerly recognized tribes that were terminated as part of the United States’ termination policy in the 1950s or tribal communities that were never recognized by the federal government.
2. Where are the tribes located?
California’s tribes are everywhere throughout the state, including
3. How many Native Americans reside in California?
California has the highest Native American population in the country. According to the 2010 U.S. Census, California represents 12 percent of the total Native American population (approximately 720,000) identified themselves as Native American. Over one-half of the state’s Native American population is composed of individuals (and now their descendants) who were relocated to large urban areas as part of the federal government’s termination policy.
4. How large are the California tribes?
California’s tribes are as small as five members and as large as 5,000 members. Compare these numbers to those of Oklahoma’s tribes, which range from 200 members to 315,000 members.
- A justice of the peace to remove Indians from lands in a white person’s possession
- Any Indian to be declared vagrant (upon word of a white person), thrown in jail, and sold at auction for up to four months with no pay
- The kidnapping, selling, and use of Indian children as slaves
- Indentured servitude of any Indian (one report mentioned 110 servants who ranged from ages 2 to 50, 49 of whom were between 7 and 12 years old)
- Prohibited Indians from testifying in court against a white person
- Funding for similar reservation-based programs was denied.
- Those who participated in the federal relocation programs were usually required to sign agreements that they would not return to their respective reservations to live.
- Between 60,000 and 70,000 out-of-state Native Americans settled in Los Angeles and San Francisco. To date, these cities have two of the largest urban Native
American populations in the United States.
6. How are California’s Indian child welfare issues impacted by this history?
This history, combined with the treatment of Native American children that resulted in the passage of ICWA, the effects of Public Law 280, and the county-based system in place in California provide significant, but not impossible, challenges.
7. What tribal programs are in place today?
Administration for Children and Families (ACF) Native American Programs Training “Working Effectively with Tribal Governments”. This training gives a good overview of the historical, legal and cultural considerations involved with working with tribes. Registration is required for first time users.
Continuing the Dialogue
This broadcast features discussions by state and tribal court judges on the history of Native Americans in California, U.S. government impact on Native American families, federal and state laws, the Indian Child Welfare Act, and application of the ICWA.