Ed. note: This was originally published at http://fasdcenter.samhsa.gov/askTheExpert/Nov2014.aspx
In honor of Native American Heritage Month, recognized each November in the United States, this month’s Ask the Expert interviews the Honorable Anita Fineday. A member of the Minnesota-based White Earth Band of Ojibwe, Judge Fineday has devoted her career to improving the way of life for Native Americans, particularly Native young people. From 1997 to 2011, she served as the Chief Judge for her tribe. Since then, she has been the Managing Director of the Indian Child Welfare Program at Casey Family Programs in Seattle, the nation’s largest operating foundation focused on safely reducing the need for foster care and building Communities of Hope for children and families across America.
Between 2007 and 2012, Judge Fineday was also part of an FASD Task Force that oversaw the work of a subcontract with the SAMHSA FASD Center for Excellence. Working through the White Earth Children’s Court, this subcontract sought to improve customer service to the public and improve the infrastructure of the Court, in order to better connect families dealing with substance abuse with needed treatment services. For this month’s Ask the Expert, she discusses the program’s successes, and the needs of Native communities in addressing FASD.
1. What has been your experience with FASD in Native individuals, families, and communities?
When I started working for my own tribe, the White Earth Tribal Nation, as the chief judge back in 1997, it became apparent very quickly that we had a significant number of people in the community with FASD. We had a heavy case load of child protection cases, and we thought that many of the parents and children [had an] FASD. This appeared to be an inter-generational disability. We had a few children with facial features and congenital abnormalities, but for the most part it was behaviors that made us suspect FASD, but we had no way of knowing for sure. We decided that we needed to obtain diagnoses to determine whether these parents were really FASD in order to provide the right services and meet the educational needs of the children.
We received a SAMHSA grant, received training to do screenings, and began referring children to a clinic for a full diagnosis when they met the screening criteria. This grant was for five years. It allowed us to obtain data and make decisions based upon facts. The behaviors that mark FASD are over-represented in the child welfare, juvenile justice, and criminal justice systems in Indian Country, and throughout the U.S.
2. What are the greatest infrastructural needs in Native communities to effectively address FASD?
I see three huge needs in Indian Country regarding FASD. First, I see a need for continuous and ongoing education about the impact of alcohol consumption while you are pregnant. The fact that this disability is 100% preventable is heartbreaking. I am confident that no one would choose for their child to be born with this disability. People are not aware or do not realize the full impact of their choices. The messaging needs to be continuous and ongoing.
Secondly, schools need to have training about strategies for meeting the educational needs of children diagnosed with this disability. I saw schools really struggling to meet the education needs of these children. Even after the children were diagnosed the schools really had no idea what to do and how to modify their teaching style to better accommodate the needs of children with FASD. These were small, poor schools in a very rural area in Minnesota, but I am not so sure this is different anyplace else.
Lastly, we need services for adults. Our project focused on children. There was no diagnostic capacity for adults and no services for adults whatsoever.
3. You have an extensive background as a judge in criminal justice and juvenile justice settings. Do you feel that most judges and individuals working in family and juvenile courts need more education on FASD? If so, how can that best be accomplished?
I firmly believe there is a huge need for more training of attorneys, judges, and all court personnel regarding this disability. FASD is a subject that people do not like to talk about. More than any other disability that I am aware of, it stirs up feelings of guilt and shame that people would rather avoid. We need to get over that and meet it head on. The topic needs to be included on the regular and ongoing training agenda for all judges. Some of the organizations, such as the American Bar Association, the Federal Bar Association, and the National Council of Juvenile and Family Court Judges (NCJFCJ), need to be convinced to include training on this topic for new attorneys and judges. For example, once a year the NCJFCJ hosts a Child Abuse and Neglect Institute (CANI), which is highly praised by all attendees. [Events like CANI] would be a perfect opportunity for expanded training on FASD.
4. What did you feel were some of the more promising developments of the White Earth Children’s Court subcontract, developments you would like to see sustained?
When we first started our SAMHSA grant, we had to send our children on a 3-to-4 hour drive to have a full assessment. Eventually White Earth developed its own FASD clinic in-house, with a child psychologist and FASD experts along with other professionals who provide the full diagnostic assessment. This clinic is fully self-sustaining and provides these services for many other children in the region. This would never have developed without the SAMHSA grant. I am proud to see this development at White Earth, and I hope it continues.
5. November is National Native American Heritage Month, which has now officially been in place for 24 years. What are some further steps the federal government can take to recognize the heritage and health needs of Native communities?
The Indian Health Service (IHS) is the main provider of health care in Indian Country. This federal agency is chronically underfunded. I believe that IHS is funded at about 60% of the need. Tribes gave up a lot in exchange for the promise contained in many treaties of health care for Indian people. The federal government should keep its promises and fully fund health care for all Indian people.
6. You are now the Managing Director of the Indian Child Welfare Program at Casey Family Programs. Can you tell us a little about the work that Casey does? Do any of their programs/grants address FASD?
Casey Family Programs is a national direct services foundation focused on reducing the number of youth in foster care and creating communities of hope for all. Casey Family Programs provides training and services on a wide variety of topics related to children in foster care. FASD is one of the topics on which Casey provides training. I would like to see a greater emphasis on this topic, especially in Indian Country. Alcohol remains the number one drug of choice in Indian Country, and the inter-generational impacts are widespread. Prevention and services need to be more readily available.
7. What message would you like to share with people who are reading this column?
I feel like I traveled this big continuum of knowledge regarding FASD. I went from having some very vague ideas about what it is and what it does. I went through extensive training through SAMHSA and I gained a much better understanding of this disability. I want to impart a message of hope. As we hear from many speakers who have been diagnosed with FASD, this disability can be addressed on all levels. We have many tools available to us now, with effective strategies to use to meet the educational and functional needs of those diagnosed. But the one most bedrock foundational message that I want to leave with is this: Please do not drink alcohol if you are pregnant or attempting to become pregnant. The impact of alcohol on unborn children is irreparable and will negatively impact your child for their entire life.