Hi, my name is Brian Frisina, DCYF ESIT Tribal Program Consultant. Each week, I will provide a key term to help support us all in getting to know our Tribal Nations partners better.
This week’s term is: Marshall Trilogy
The Marshall Trilogy – U.S. Supreme Court and the Federal Trust Responsibility (1823-1832). Named after Chief Justice John Marshall, who wrote the opinions for the U.S. Supreme Court, the Marshall Trilogy consists of three foundational cases that are based on the international law that existed during America’s colonial period. The first decision, Johnson v. M’Intosh, proclaims that title to Indian lands belonged to the U.S. government and that Indians enjoyed only a right of occupancy due to Doctrine of Discovery – established by the Spanish to justify the taking of aboriginal lands. This is the basis for the U.S. government to assert control over tribal land.
In Cherokee Nation v. Georgia, Marshall explained that Indians were not foreign Nations but were “domestic dependent nation[s]” – small nations that have accepted the protection of a nation, yet still retain their sovereignty. Two doctrines result from the Cherokee decision: (1) the “duty of protection,” and (2) the “guardian/ward relationship” between the U.S. government and the Indian Tribes.
The duty of protection means that the U.S., because it asserts ownership over Indian lands, must protect the Indians from all hostiles, including hostile U.S. citizens. The guardian/ward relationship means that the U.S. holds all land and resources in trust for the Indians, creating a fiduciary duty. It is this “trust relationship,” combined with the promises made through 370 treaties with the sovereign Indian nations, that continues to require the U.S. to keep the best interest of the Indians in mind when the federal government deals with the Indians. The trust relationship is perhaps the most pervasive and important doctrine in Indian law and current US Indian policy.
In the third case, Worcester v. Georgia, Marshall found that the individual states had no right to impose their laws on the Indians and, furthermore, federal Indian law “pre-empted” state laws. The result is that state law generally does not apply within Indian Country.
The National Congress of American Indians, A Paper for the Conference and Consultation with the United Nations Special Rapporteur on the Rights of Indigenous Peoples, James Anaya. The Significance of the UN Declaration on the Rights of Indigenous Peoples, April 26 – 27, 2012, Tucson, Arizona.
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The Early Support for Infants and Toddlers (ESIT) program is recruiting for the Parent Institute for Engagement (PIE) program. PIE is a 12-month leadership program for parents and caregivers of children who have received early intervention services through ESIT. We will help you build your skills and allow you to become better leaders, advocates, public speakers and active members in your state.
If you are interested in this opportunity, please submit an application by July 31, 2020. We will notify selected individuals the week of August 3, 2020.
For more information on how to apply, contact Vanessa Allen, ESIT Family Engagement Coordinator, at Vanessa.allen@dcyf.wa.gov.
El programa de Apoyo Temprano para Bebés y Niños Pequeños (ESIT) está reclutando para el programa Instituto para la Participación de los Padres (PIE, por sus siglas en inglés). PIE es un programa deformación de 12 meses para padres/cuidadores de niños que han recibido servicios de intervención temprana a través de ESIT. Le ayudaremos a desarrollar sus habilidades y le permitiremos convertirse en mejores líderes, defensores, oradores públicos y miembros activos en su estado.
Si está interesado en esta oportunidad, envíe una solicitud antes del 31 de Julio de 2020. Notificaremos a las personas seleccionadas la semana del 3 de Agosto de 2020.
Para obtener más información sobre cómo presentar una solicitud, comuníquese con Vanessa Allen, Coordinadora en participación familiar de ESIT, a Vanessa.allen@dcyf.wa.gov.
Two updated documents regarding the current contract between DCYF and Local Lead Agencies have been added to the ESIT website’s Contract Materials page.
Let your program consultant know if you have any questions.
FRCs who have completed both the Introductory FRC and Year Two Training, and have provided FRC services for at least two years, are required to submit 12 contact hours per year to maintain their state registration using the FRC Training Report.
This form is now available as a fillable PDF on the ESD 112 website.
Completed forms must be approved by the LLA and submitted to frctraining@esd112.org.
Working with families from a distance, including administering screening and assessments remotely, continues to be more important than ever this summer. Learn how to use essential early childhood tools virtually in these short, expert-led webinar recordings. You’ll get practical tips, guidance and strategies to help you continue to support children’s development this summer and beyond.
IPFCC is hosting a series of free monthly webinars and online conversations through October 2020.
- August 13 - Addressing the Mental Health Needs of Children
- October 29 - Moving Forward with New Learnings and Strategies
For more information, go to the Institute for Patient- and Family-Centered Care webinar page.
The updated Q&A on the Provision of Services to Students with Disabilities during COVID-19 is now available.
This guidance is current as of July 10, 2020. The Q&A includes information for districts, educators and families on FAPE for students with disabilities during school closures to include: provision of services, early childhood considerations, secondary transition considerations, child care, communication with families, timelines, fiscal considerations and additional resources. Information in the Q&A will be updated frequently to reflect current guidance as it is released. If you have questions, please contact Glenna Gallo, Assistant Superintendent of Special Education, or call 360-725-6075.
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