In this episode of Fostering Conversations, guest host Liz Rivera guides a powerful dialogue with Native leaders and advocates about the importance of culture, tradition, and belonging for Native children in foster care.
You’ll hear from:
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James Toledo (Utah Division of Indian Affairs) on how culture provides a foundation for resilience.
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Stephanie Benally (Native American Specialist, Utah Foster Care) on supporting Native children’s traditions in foster homes.
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Craig Sandoval (Urban Indian Center of Salt Lake) on creating culturally responsive models for Native youth and families in urban Utah.
Together, they reflect on the sacred role of clans, ceremonies, and language, as well as the ongoing significance of the Indian Child Welfare Act (ICWA) in preserving tribal sovereignty and protecting children’s cultural identity.
Listeners will learn why everyday practices—from observing ceremonies to speaking Native languages—help children thrive, and how foster parents can honor and support these connections, even outside of tribal communities.
Transcript:
Liz: [00:00:00] On today’s episode, you’ll hear how cultural traditions give Native children strength and belonging, and why the Indian Child Welfare Act or ICWA is so critical , in protecting those connections for children in foster care. Welcome to Fostering Conversations. I’m your host, Liz Rivera, filling in for Amy Smith. We have a special episode for you today. We’re weaving together conversations with several native leaders and advocates here in Utah.
Liz: Let’s begin with introductions in Navajo culture, introductions are not just about your name, they’re about where you come from, your clans, your language, and [00:01:00] lineage. First, we’ll hear from James Toledo from the Utah Division of Indian Affairs, followed by Stephanie Benally, the Native American specialist from Utah Foster Care, and finally, from Craig Sandoval from the Urban Indian Center of Salt Lake.
James: [Navajo Introduction] James Toledo
James: and, and again. Thank you. I, I’m a member of the Navajo Nation and we introduce ourselves, sharing our clans. So as we probably will talk about this later in the program, our clans are a way to identify our family relationships, connections with others within our community.
Stephanie: Hello. Thank you. I am a citizen of Navajo Nation. My clans are Red Streak people born for Bitter Water. My maternal grandfather is Mexican People clan, and my paternal grandfather is Red House. Thank you very much for the opportunity to participate on the podcast.
Craig: Hello everybody, and wanted [00:02:00] to introduce myself and my native language. First [Navajo introduction].
Craig: So I introduced myself in my native Navajo language. Just wanted to reintroduce myself in English for all the non Navajo speakers. Good day to everybody. My name is Craig Sandoval, and I’m originally from New Mexico in a small community named Pueblo Pintado, New Mexico. So it’s [00:03:00] just west of Albuquerque, made about two hours.
Craig: And my clans are Near the Water People. I’m born for the Mexican clan. My maternal grandparents are the Red Paint People, and my paternal grandparents are the Towering House People. And so that’s who I am, and that’s where I come from. And then now I’m here in Salt Lake working to provide a culturally responsive clinical model for our community here to bring the reservation teachings and bring them here into the valley so that there’s still a connection. I came to Utah about two years ago working with the Urban Indian Center of Salt Lake.
Liz: As Craig shares, , staying connected to traditions and language is essential for native children. Even here in urban areas of Utah where families may live far from their tribal homelands. James adds that culture, gives children a foundation to thrive. While [00:04:00] Stephanie reminds us how important it is for foster parents to support native traditions, sometimes through simple everyday practices.
Craig: The Urban Indian center, the goal is to connect our community members and our families to. Our tradition and our heritage back home. And that includes providing dancers, providing teachings, providing a class to where they can feel home, they can feel at home.For me, it’s the language, making sure that I can continually speak my language. So with the Navajo language classes, it does bridge that. When we think about Utah Foster Care and our Native kids that are in foster care here in Utah, how do we continue to bring them to connecting with their tradition and culture? And that’s also our goal. Several months ago, the Navajo Nation did a resource fair and one of the division directors, Mr.Thomas, [00:05:00] Cody. Who worked very well with Utah Foster Care really emphasized that there should always be a connection to our Navajo language, to our Navajo culture, to our Navajo environment, to our Navajo values, even though we live in the urban area.
Craig: That is absolutely true., And that’s how we’ll stay strong. And so during Mr. Cody’s speech, he asked those that have our children and Navajo, our children in their custody to reconnect in any way they can . That’s where the strength is there. And so we want to, as the Urban Indian Center, while we provide a lot of these events, demonstration classes on Navajo history, Navajo language, Navajo culture, Navajo dances, we want them to connect with our traditional ways in that way.
Craig: And so that’s the goal what providing all [00:06:00] the classes that we do at the Urban Indian Center.
Craig: It is very important to keep the culture whether something small as a bracelet, a necklace, that means a lot to a native child. growing up in a native home, there’s so many milestones and so many traditions that are celebrated. I wanna give a little bit of background on myself too, as well. I am Navajo, however, I do have heritage and lineage into the Hopi and San Domingos communities, and each one is very different. And I’m gonna give you a great example on this side.
Craig: As Navajo, we are born into our mother’s clan. I believe that’s number one. When it comes to really being, I guess it’s a. Coming to the earth is that you’re given your first clan, you’re you. You hear your first clan and as a baby they tell you that your first clan is this. Your second clan is [00:07:00] this. And that’s the introduction to the land.
Craig: That’s the introduction to the air, the waters, the clouds, the beings that are on earth. Your introduction. When I look into our Hopi side, we have a child is born and kept in a dark room until a certain number of days have come. They prepare, and within this preparation they do a hair washing and they wash the hair and say, you’re able to come to this land in this world.
Craig: And then they go out early in the morning and they introduce the child to the sun And when this happens, they tell the child that, here’s the sun The sun will be with you throughout from day one to the day of your death. They’ll watch over you. They’ll look over you, and there’s that introduction to the sun.
Craig: And those are some of the main milestones. And you have Santo Domingo who also wash your hair and receive into the world the [00:08:00] child. So those are your milestones. And when you look into Navajo specific, you then can go into, for example, everybody knows the first laugh You know when a child laughs it means that there is laughter in the world.
Craig: There’s happiness in the world, and you might think about it as a child has no worries in the world, but that one laugh has given the world what we call, or what we would call happiness. That child brings that, and they want that happiness to continue within the family, within the world.
Craig: And so those are some of the important milestones. And then you get to puberty, the milestones of the women going through the puberty ceremony cannot the the men going through the Sweat Lodge ceremony on that side.
Craig: Those are milestones that you have. And then overall you have the weddings, and then you have other things that happen [00:09:00] and they’re all different. When our children go through these rites of passages, there’s other small ones in between, for example, piercing the ears.
Craig: When we pierce our ears, it’s that now that the gods can hear us through that, we can hear them too as well. And so that happens at a young age, washing of the hair with different herbs so that we prevent sickness and illness and so that our bodies are strong.
Craig: Being a parent of a native child and a foster care parent, these are questions that you can ask like, how can I support? And I know on the reservations there are families willing to guide. There are connections that say we can help with that because they wanna keep the child aligned. They wanna keep the child connected to the traditional ways of life.
James: Culture sets a foundation really for any individual. I think looking at a [00:10:00] broader picture, we all were raised in certain cultures, whether that’s within a religious environment, whether that’s with our traditional teachings as indigenous peoples, or whether that’s just your own family traditions that we have.
James: So when a child is raised with that culture intact, it sets them up with a strong foundation. So as they. Get older and they start navigating and, and experiencing life. What helps to give them some guidance as they are learning about how to be an adult and to different situations that you encounter. And because when we encounter difficult situations, you immediately go back to Those core teachings. So I think that’s the importance of culture in the context that I was using it, is trying to broaden that perspective to help listeners try to understand why Indigenous families want to maintain that cultural connection.
Stephanie: So a lot of our native kids are being placed in non-native homes, and [00:11:00] providing that education for all foster parents is important. So they are aware of some do’s and don’ts, like for example. We had an eclipse and I shared the protocol what Navajos do for our foster families to ensure that the Navajo children followed what needed to be done during the eclipse.
Stephanie: It’s just also providing that information, so if they’re caring for a Navajo infant, that they’re able to do a first laugh ceremony or get more information to be able to do that. I’ve had a foster parent reach out before and wanted to know what needed to get done and. Directed her to a Native Elder in the community who was able to help her with that.
Stephanie: And so it’s just making sure that even though the Native kids are not in Native homes, they’re still being provided that cultural connection, even though it’s very limited. my hope is that sharing the cultural information, the foster parents will then share that with the Native children that are in their [00:12:00] home. Because it’s not just taking a child to a powwow or reading a book, but it’s the everyday living.
Stephanie: It’s a discussion around the table. It’s going to an event with the family and seeing other people.
Stephanie: One family was taking care of siblings from the Hopi tribe, and I was able to connect the family with resources so they would be able to go over the information with the children in their home. So hoping that will bring some connection while they’re placed in that non-native home.
Liz: I think even the foster parents recognizing the importance of it.
Liz: I mean, cutting over to what James said, I think the culture’s that it’s just like in our bones, it’s just how we live, and it’s so hard to. Apply that if it’s not really a part of you, but a foster parent who isn’t native, if they’re at least reaching out and they’re at least trying, that really does show that they honor where these children come from.
Liz: In 1978, the Indian Child Welfare Act, known as ICWA [00:13:00] became law after decades of Native children being removed from their families and tribes at alarming rates. Here’s Stephanie and James explaining the history and purpose of ICWA and why it continues to matter here in Utah.
Stephanie: Prior to 1978 and ICWA there was a 25 to 35% removal of Native children from their homes, and 85 to 90% of those children were placed in Non-native and non-relative homes. And so over that 10 year span, Congress studied the removal of Native children. Found that there was a need for the federal law based on the study and the testimonies from the families.
Stephanie: The Indian Child Welfare Act is a federal law. It is the core of ICWA to recognize tribal sovereignty. It also recognizes the important roles that the tribes play, protecting the wellbeing of Native children. It also protects the children and parents’ constitutional rights.
Stephanie: ICWA applies to children under the age of [00:14:00] 18. The child can either be a member of a federally recognized tribe or eligible for enrollment. Eligible for enrollment means that one of the birth parents is an enrolled member with a federally recognized tribe.
Stephanie: Federally recognized tribe is a Native American or an Alaska native tribe entity that recognizes as having a government to government relationship with the United States. If the child is a part of a state tribe, they would not fall under the ICWA law.
James: Well, as you know, with history of Native Americans, with our government, hasn’t been the best ’cause.
James: You can go back to the boarding school era where children were forced to attend federally managed boarding schools. And the intent at that time was to destroy the culture, destroy the connection to culture, and so as kids were going through these various boarding schools, they were taught a different way of life and removed from their family and and [00:15:00] cultural settings.
James: I mean, that’s a really brief summary. This could be an entire podcast series if we really wanted to dive into that history. But to go back to your point when it comes to the foster care system or why ICWA was created, as Stephanie had mentioned, there was a history of state child welfare agencies where Natives children were being forcefully taken from their families.
James: In some instances, it was minor infractions. For whatever reason, these children were removed and placed into foster care. Some of them were put in through the adoption system. Hence, this was an ongoing challenge that many Native communities were experiencing and it, it caught the attention of Congress and there was a series of public hearings that Congress put on, and so this was an opportunity for those families to share their experiences and the challenges and obstacles that they were experiencing.
James: Those testimonies are what led to the creation of ICWA ICWA [00:16:00] Was created to try to help to preserve that and to ensure that those cultural teachings would be able to be shared with future generations and to ensure that we as Indigenous people are still here.
Liz: Almost two years ago, they tried to codify ICWA into state law and tell us a little bit about why they thought that was necessary.
James: So Representative Watkins at the time was the lead sponsor of the state bill, and the reason this was being pushed forward by the tribes in Utah was because at the time there was a case that was going before the US Supreme Court.
James: That was on ICWA So there was a potential that if the court ruled in favor of the plaintiffs in this case, then they would have overturned the law. And those protections that are part of that statute would have gone away. And so there was an effort at the state level to codify the spirit of the [00:17:00] law, so to speak, and make sure that is preserved care at the state of Utah.
James: There was a lot of support for the bill. We went through several revisions. The tribes were heavily involved throughout that process, but unfortunately it still ran into resistant in the legislature.
James: It did not pass. I think the tribes are talking about reintroducing the law again, presently, the Supreme Court has ruled and they basically upheld.
James: I think there’s a desire to learn. It’s a complex issue, and as you talk with people, you’re going to have to approach that in unique ways because it is a complex topic and it’s not a one size fits all, or my perspective isn’t the be all perspective out there. And so I think as, um, people are curious, I would encourage people to read up more about the history behind the law, why it became a law.
James: Also, if they have further questions, if they [00:18:00] have indigenous friends or connections to that way, then I think it would be appropriate to have those conversations or try to educate themselves as as best as they can, and maybe contacting Stephanie at a public event or. There are ways to continue to learn and try to understand the purpose of the law and why many indigenous communities are fighting to preserve this legislation.
Liz: Does the Utah Division of Indian Affairs, do they ever get involved in foster care cases?
James: Good question. So my office, we are not involved in the child welfare process at all. We do get phone calls from community members inquiring, but we refer those inquiries to, uh, DCFS. So within DCFS, there is a, ICWA coordinator who works directly on these matters in these cases, and so.
James: We would refer them to contact DCFS to speak with that ICWA administrator who can guide them through the process. [00:19:00] We do try to give them as much information as we can. We do share resources, Utah Foster Care and other legal services generally that provide legal assistance or can answer some of those legal questions.
Liz: Of course, even with protections in place, the realities aren’t always easy. Many families, even in Salt Lake, may not have the resources to be near or return to their ancestral homes in traditions. And though ICWA cases can be complex, the goal is always to place Native children with family first or in Native homes whenever possible.
Stephanie: Any time there is reason to believe that there is a native child when the investigation is happening and someone says, I believe my grandmother is a Native American, even with that reason to believe they need to treat the.
Stephanie: Case as an ICWA case, so DCFS notifications will then go out to the tribe and then it will be the tribe who will then to determine if the child is a member [00:20:00] or eligible for enrollment. While that’s taking place, the state will then try to find a native home for the native children. So under ICWA there is a foster placement preference, and it would be family first, and then it would be with, um, foster parent of the same tribe. And then the third one would be from a different tribe. And then the last placement would be to any open foster home that’s available.
Craig: there’s
Craig: multiple reservations in the United States. And one that is particularly for the Navajo reservation. . So the Navajo people were put on this land, on our homeland, and it goes back to the history of how we have our ancestral homeland.
Craig: Where we emerged, we came to our mother earth, and the deities at that time said, this will be where you will live. This will be your homeland. So our ancestral homeland became the boundaries, became the four sacred mountains. So we have to keep that in [00:21:00] mind.
Craig: Before lines were made by the US government, there was our ancestral homeland, and the boundaries were created with four sacred mountains and with two mountains in the middle that serve as our central location. ? So that’s our ancestral homeland. However, during the 1860s, we were removed from our land and put onto a different reservation in New Mexico. , We were released due to whatever political reasons that was, and a treaty was formed. And with that treaty, what a struck of a pin, we were given four diagonal lines and said, this is your reservation. And throughout the next couple of years. With new presidents coming in and out of office with executive orders, our reservation grew, but it still stayed inside our ancestral homeland boundaries, and I think we’re grateful for that.
Craig: Yeah, other tribe have different experiences. Some [00:22:00] did stay on their ancestral land, some did leave their ancestral land and put onto reservations. However, as the Navajo people we’re very fortunate to have returned and the government really accept that we return to our ancestral lands, we’re very thankful for that, that we return to our ancestral lands.
Craig: So when I say reservations, and when I say on our ancestral lands, it’s where we call home. The land that we call home. The land that times the Navajo names. For example, our four sacred mountain.
Craig: When we hear that, we hear home. A lot of our urban community members here in Salt Lake don’t have the resources at times, the needs or even the transportation to go home. Because you look at it, the Navajo nation as the almost from eight to 10 hours away, depending on where you live, and maybe even more.
Craig: And our community members do want to keep that [00:23:00] connection. And the Urban Indian Center understands that. And I understand it because I was raised on the reservation and I, I moved to an urban area to where I don’t have the connection.
Liz: The good news is there are resources right here in Utah for Native children. The Urban Indian Center in Salt Lake City offers language classes, cultural events, and outreach to help children and families stay connected. Utah Foster Care also provides similar opportunities from cultural education to community events like the Indigenous Foster Care Fashion Show and the Moccasin Run-in White Mesa.
Stephanie: As I mentioned before, there is a shortage of native foster homes.
Stephanie: Being very present in the community is important. Being at the table when it comes to policy making, meeting with the tribes and making those connections with the community is important.
Stephanie: So they are aware that there is a need that. If they’re not able to foster, then there’s other ways to support our Native kids through the Cedar Project or provide [00:24:00] support to our foster families. And again, it’s just coming up with unique ideas of recruitment. We collaborated with James’ office in Ute Mountain Ute years ago and have an Annual Moccasin Run that we hold in White Mesa, Utah every year to bring awareness.
Stephanie: And just coming up with different types of events who bring the community together to make sure that our Native kids have that cultural connection. And that’s why it’s important to be considered a, a kinship placement or a foster placement.
Craig: With families that don’t have that tie. First of all, you have resources in your state, and some of these resources are at the state level.
Craig: I know Utah. Does have the eight tribes in Utah. However, there are also the urban areas. For example, one can start from the State Department of Indian Affairs, and then Indian Affairs can guide you to other resources in the areas such as the Urban Indian Center. The Urban Indian [00:25:00] Center can provide many of those resources to as well.
Craig: They can provide, this is what this tribe is, what this other tribe is, and how they’re unique from one another. What the Urban Indian Center and how it’s unique too, is also that they have employees that are employed from different tribes, so the navigation there also can span out even more. Sure. But.
Craig: Another area is that each of the tribes have their own program. The social services programs, the tribal historic preservation offices, those are areas to where they like to connect the vital records departments. They will connect their, and we ensure that the Native children are connected to their native heritage and their native ways.
Craig: At the beginning when a family is navigating these, it might seem like a very scary thing to do, but overall, the community the Urban Indian Center, they’re [00:26:00] open to it. They’re open. Which way do we go? How do we navigate it?
Craig: And if we don’t know anybody there, you know, that will help you navigate. There’s always somebody that they will connect you. So I would really let the families. That have native children in their care to always reach out, Stephanie Benally is a great resource and she’ll connect you with any resources that you may have. And they’re always open to whether non-native, whether non Navajo. But they still have a Navajo child in their home. We encourage them to bring the Navajo child, their child, our child, to our home, their Indian center, and learn from us too as well, so they understand the importance of our Navajo culture.
Craig: We have our main location, which is on 120 West, 1300 South in Salt Lake City, hours from eight to five. Our phone number is (801) 486-4877. And we do have a [00:27:00] team there. So if you have a question. Reach out and you can ask for me, Craig Sandoval.
Craig: Or you can ask for our outreach department, Rhonda Duval heads that department. Everybody knows Rhonda. . We know her as Honey, but she’s a great resource too as well. Feel free to reach out to us so we can make some of those connections for you and support you as a parent, support you as one of our family members too.
Liz: These are all ways foster families can support Native youth in care. As we close, our guests reflect on the great work of families that foster Native children, keeping Indigenous people and culture strong, and underscore the urgent need for more native foster homes in Utah.
Craig: Thank you for the Utah foster care. Thank you to your team and also thank you to. Foster parents out there taking a new child, a Navajo child can have its challenges. It’s a beautiful thing too, as well.
Craig: And we wanna thank you. I personally wanna thank you. We wanna thank you [00:28:00] and always remember that the Urban Indian Center is a resource. You can come see us at any time.
James: I just appreciate having this conversation. I think it’s good to help your listeners understand this complex law, and hopefully this conversation today will give some insight and encourage listeners to learn a little bit more about this history and to try to better understand why ICWA was created and why many Indigenous communities around the country are working very hard to preserve this federal legislation.
Liz: We hope today’s episode has shed some light on ICWA and the importance of culture and connection for Native children in foster care. To learn more about Native services at Utah foster care, visit Utah foster care.org. You can also connect with the Urban Indian Center of Salt Lake, or the Utah Division of Indian Affairs for resources and support.
Liz: Thank you for joining us for Fostering Conversations. Together we can ensure every [00:29:00] child in Utah grows up connected to the rich heritage of their roots.
