Jan 232017
 

In June 2016, a little girl was beaten and left to drown in a bucket in the shower.

(See the Star & Tribune – http://www.startribune.com/foster-father-accused-in-girl-s-death-had-criminal-record/383206481/)

Had a new law governing background checks been in place earlier – this little girl would not have died. Nathan Daniel Jackson, the man who murdered this beautiful little girl, had a criminal record of fifth-degree assault and theft would have prevented him from being a care provider.

This new law – which was sponsored by Senator John Hoeven (R-ND) and Representative Kevin Cramer (R-ND) – requires tribal members on the reservation to have background checks before becoming foster-care parents. (These checks were not required prior). Senator John Hoeven

Senator Hoeven is now the new chair of the Senate Committee on Indian Affairs. Please thank him for caring about what was happening to children at Spirit Lake four years ago, and writing this law.

The reality is that it is not uncommon for Leech Lake Social Services, Spirit Lake Social Services, Red Lake, White Earth, Pine Ridge, Cheyenne River and others to place children into dangerous homes. Children are placed in dangerous homes on a consistent basis. Every month or so we hear of another child hurt or dead. Further, tribal members tell us that we aren’t even hearing about all the children who die. There isn’t always publicity when it happens.

Nevertheless, Leech Lake has consistently placed children in homes with criminal records and drug issues. That is because of the extremely high percentage of homes in Leech Lake that have criminal records and drug issues. So they didn’t bother doing background checks – because they didn’t really want to know or have to put in their records – because then they would have to look for another home. It’s too much work to find homes.

When Leech Lake placed four children with my husband and I almost 20 years ago, they did not do any back ground check at all. They never even visited our home until a year after the children were placed with us, and then they only visited for an hour. That was it. That was the last we saw of them – and we raised the kids to adulthood.

Leech Lake continues to operate this way today. We hear numerous stories of children placed into homes known to be dangerous. We are grateful for and praying that Senator Hoeven’s bill mandating background checks will make a profound difference. But we worry that there is no oversight to ensure the background checks are being done, and no consequences to a tribe if something happens due to their not doing background checks.

We need to encourage Senator Hoeven to strengthen the law to ensure compliance.

Lastly – even if a home is not dangerous – social services should be trying to place children into homes that make sense. Hennipen County called me repeatedly throughout 2013 to ask me to take another infant nephew from Leech Lake. I hadn’t had contact with Leech Lake tribal social services in almost 20 years and had never given them indication that I wanted to take care of children again, but a niece had given them my name soon after her son was born. My newborn nephew had never lived in her home – he had gone straight to foster care. I was called soon after. I told them I can’t – and Leech Lake spent over year trying to find a home, occasionally calling and asking me again.

When the ICWA worker from Leech Lake called me about this little boy in December, 2013 – he was already over a year old. Ironically, when Leech Lake’s ICWA office called me that Dec. morning, I was in fact in Washington DC, speaking against the ICWA law. (Needless to say, I found that kind of ironic.)

I had said no to them several times over the year – but this time, they said if I didn’t do it, they would place him in the home of “Xxxxx” – who, according to Leech Lake, they felt was dangerous. Knowing the home she referred to, I had to agree. (Note: according to the worker, they WOULD place him into a home they knew was dangerous if I did not take him. – – trying to make me feel guilty, while at the same time, admitting they are willing to do it, and thus don’t have any real, genuine standards against placing a child in a dangerous home.)

So now I was in a quandary.

I cared deeply what was happening to my nephew, but I was not the right home for him. I have already said – I was not the right home for the four I had raised earlier. They all needed a home with parents TRAINED to deal with their FAS, ADHD and other issues. I was NOT that mom, but I was all Leech Lake would give them. YOU SEE? Leech Lake did great disservice to them by not allowing them to go to a home outside of family – a home that could genuinely meet their needs.

I felt pushed into taking four children twenty years earlier. I cared about the kids – that is why we agreed to do it. – But unlike so many of my great foster and adoptive mother friends – I never really wanted to raise anyone else’s kids. That is the sad truth. As a result, I never did settle down to feel comfortable with the situation. (Further, those were four kids with FAS – and no one had told me that – nor had anyone told me how to deal with it.)

So… was I going to be forced into this corner a second time? How is that fair to my nephew? How is that good for him?

THIS is another part of what ICWA does. We aren’t the only ones who have felt this way. Some families feel forced into a corner – not wanting to take in kids, but feeling guilty if they don’t. ICWA doesn’t give lot of options to the children OR families involved.

Families of other heritages have more options.

Further – at this point, I was a widow over 50. What a crime to this innocent child – to be forced into a situation with an elderly widow. I told Hennipen County this little boy deserved a healthy home with both a mother and a father in their 30’s who were looking for a child such as him – NO MATTER anyone’s heritage!

Look for the RIGHT home for HIM – don’t just put him into ‘any old’ home based on ICWA! Quit making things all about race! Start to care what is BEST for the baby!

The fact is – my nephew needed more than I could give him, and he shouldn’t be forced to settle for me. He deserved to be raised with a healthy Dad in the home. So after much thought and prayer, I said, “no.”

I asked Hennipen County to promise me that my nephew would go to a good home. The Hennipen County worker promised, and said he would let me know the outcome. He said I had a right to know, as I was family. (The baby did not go to Xxxxx’s home.)

But now see? THIS is how some kids end up in dangerous homes. Leech Lake Social services gives up trying to find a good home, and then rather than admit they don’t have a good home and allow the child to go to an appropriate home outside of Indian Country – they go ahead and place the child anywhere. ANYWHERE. And then claim it is in the child’s best interest.

THIS is how that happens. THIS is how the little girl in the attached story ended up in the home of a man with a criminal record.

ICWA – as a law – is horrid. In the first place, it is based on lies. Every time NICWA, NARF, and the Casey Foundation make a claim about what kids of heritage want and need – about how badly they need to be connected to Indian Country – they are lying. I have raised many children who have NOT needed to be connected to Indian Country.

NICWA, NARF, tribal governments and the Casey Foundation do NOT know what every child of heritage wants and needs. They can’t possibly know. To assume all persons of a certain heritage think and feel the same way is RACIST.

Lastly, my children are NOT a ‘treaty right’ for tribal government.
I don’t care what faux laws are passed or what rogue agencies like the BIA and ACF try to shove down our throats – there is NOTHING in any treaty that allows a tribal government to own our kids.

The world can see how Leech Lake Social Services chooses homes for children. Why would I want them to have any say over children of mine?

We are very grateful for the right step taken by Senator Hoeven and Congressman Cramer in pushing for background checks for ALL foster caregivers and EVERY adult living in the home. THANK YOU – to both of them.

But this battle will never be over until ICWA is repealed.

– See http://www.startribune.com/foster-father-accused-in-girl-s-death-had-criminal-record/383206481/

Christmas 2015 Newsletter

 Comments Off on Christmas 2015 Newsletter
Jan 162016
 
ICWA

The two months in DC this spring were busy, but exceedingly blessed. I visited every office in the Senate and House, sitting down one-on-one with staff from about 100 House offices and 29 Senate offices as well as directors in the BIA. I dropped off information at all the others and sent a follow-up email to every single one. I also built a database using the business cards and notes from the meetings, and wrote CAICW’s comments to the BIA concerning their new guidelines and proposed rules. (http://caicw.org/2015/05/11/our-comments-concerning-icwa-rules-proposed-by-the-bia/)

The interest and reception received at several offices was both comforting and surprising. I have not felt as “listened to” on many of our previous trips. We did develop new relationships in new offices – some surprising ones. We now have a database to work from over the rest of this session.

But the most exciting thing was watching God’s daily answers to prayer concerning the entire trip. Having gone on faith – dependent on God to help in the speaking to Senators and Congressmen as well as for providence – was an adventure. While many argue that my work isn’t “Christian” (saying I am rocking boats) – the fact is, this trip was incredibly blessed and wouldn’t have happened at without His guidance and providence. We do not have tons of money to pay for junkets to DC or high-priced lobbyists. I went in a van and spent most of the time sleeping in it. I even spent four days living in Union Station.

As some of you know, I flipped my camper truck over on ice in January and totaled it. I came out of the wreck without a scratch, but lost the vehicle I intended to drive to DC. But – we felt at peace about it. If God wanted me in DC, he would provide the way. And He did. In March, God provided a wonderful Dodge Conversion van whose owner had originally wanted $4000 on Craig’s List, but called me and told me he would take $1500 for it due to the work we do. A supporter then sent the funds for it. I was told it was top of the line in its day – and it ran 100% smoothly the entire trip.
At the suggestion of a friend who used to live in Maryland, I found my way out the end of one of the metro lines. There, I was able to shower at a campground, go to Starbucks for Wi-Fi, find varied parking lots to sleep in, and took the metro subway train into DC for the day.

I never knew when funds would come or where they would come from. One day, I counted the little I had left and put most of it onto the metro card. I decided not to worry. I knew I had enough to get to DC for two more days. Well, getting home the second day would be a challenge. I didn’t have enough for that. But…I decided not to panic or tell people. I wanted to wait on the Lord. If He was the one wanting me to be here, doing this, He would provide.

It was just a day after that when someone called me to tell me to go get a room – she would pay for it. Another person put some money into my account. There were little gifts here and there – a woman pressed a $10 bill into my hand. Never from strangers – always from someone who knew a little bit about our work. Not once during this trip was I without food, gas, metro money – or any of the resources we needed to get the job done.

One of the most wonderful things was an awesome Church Family the Lord led me to. I literally stumbled onto an incredible group of people – a remnant of a longtime neighborhood church. It was the first day I was searching for a Starbucks out near the end of that train line. I took a wrong turn, so then took a U-turn, and there was this marquee type sign on a church lawn, announcing a free dinner that very day and hour. Sooo…feeling hungry – I stopped. Following a wonderful meal, they had a Bible study outside by the fire pit – and I fell in love with them. They were such a gentle, loving, searching, praying group. It was so filled with the spirit – a tremendous blessing of prayer and fellowship.

Lastly, when what was thought should be my final week drew near, I did not know how I was getting home. But again, didn’t want to say anything – trusting God that when it was time to go, He would provide the way. And He did – five different people sent funds within the last few days of my stay.

From making do on very little, to canvassing the halls of Congressional buildings, to sitting next to homeless in Union Station, to enjoying the fellowship of an awesome church, to walking the streets of NoMa – watching, listening, thinking, praying – there is so much to tell. Please continue to pray for God’s guidance in everything we do – and pray for the fruit of whatever it is we are supposed to accomplish.

The rest of the Year:

The year actually began in Brandon, Manitoba, where I was blessed with the opportunity over Christmas to help two elderly friends for about 6 weeks. Henry had suffered a heart attack, and Nettie needed a companion until he was able to leave the hospital. I can’t even begin to write down the myriad things I was able to learn from them both – in addition to the prayer time with them. It was a tremendous lead-in to going to DC. I’m so grateful to their extended family for asking me to do it.

I was also blessed this year with opportunity to frequently care for my grandson. My daughter is in school full-time and working part time, so I spent many wonderful days at her apartment as well as with my oldest son.

I was able to take my grandson with me on a two-week trip to Montana in our marvelous van. We spent a few days at Family Bible Camp near Glacier Park, and then visited several wonderful friends and supporters up and down western Montana.

In the summer, I also spent two weeks in Minneapolis, reading to my Dad at the nursing home. In October, following prayerful encouragement from a friend, I brought him home to live with me.

My Dad is bedridden, but we’ve been able to put together a good system that serves him well. We are blessed with an aide who comes in to care for him a few hours a week, giving me a little time to do office work, and my brother (who is an engineer) came up and built an awesome wheelchair ramp in under 24 hours – using almost total reserved wood from a porch he had taken down at his house.

The book “Dying in Indian Country” – endorsed by Congressman Kevin Cramer and telling Roland’s story – was released under a new publisher in December and, (if interested), is available through our site – http://DyingInIndianCountry.com – or through Amazon, which also has the eBook version.

Throughout the months of 2015, I continued online studies for a Bachelor’s and ran CAICW. Families continue to contact us on a regular basis, asking for assistance with protecting their children. At this point in time, we have fifteen families asking for prayer, emotional support and/or legal assistance. Ten are birth families, five are adoptive families.

All thanks, glory and credit to the Lord Jesus Christ, without whom we can do nothing. Blessings in your new year.

Jul 052014
 

July 1, 2014

Ms. Mcmullen:

It is unfortunate that neither the leadership of my agency nor my department had the courtesy to inform me that I had been invited by the House Subcommittee on Indian and Alaska Native Affairs to testify about conditions on the Spirit Lake Reservation at the Subcommittee’s Hearing on June 24, 2014.

Associate Commissioner Chang’s testimony was, at best, confusing where it was not false. In the second sentence of her prepared testimony she speaks about the Administration’s concerns about child safety and well-being at Spirit Lake. Finally, after more than two years, 13 Mandated Reports and numerous emails to ACF leadership about the lack of safety for Spirit Lake kids, someone, other than me, is saying safety of children is of concern. Of course that contradicts an exchange I had with Mr. McKearn, Director of the Office of Legislative Affairs and Budget for ACF, back in July, 2012 when I was told that the safety of kids at Spirit Lake was not a priority. I guess the leadership of ACF never has to explain their position nor apologize when that position is proven wrong.

Ms. Chang’s claim that BIA has addressed, “…most notably the safety checks prior to placement” is simply false. If the BIA had addressed the safety checks prior to placement, Laurynn Whiteshield would be alive today, soon to celebrate her fourth birthday with her twin sister, Michaela. Instead she has been in the ground for more than a year, dead at the hands of her step-grandmother, who, it was well-known by most families on Spirit Lake, beat and abused her own children so badly they were removed from her home.

Ms. Chang goes on with the assertion about the strengths at Spirit Lake, saying, “Perhaps the most important strength is the commitment of the new leadership under Chairman McDonald and the work of the BIA.” Early on in this process the BIA and Tribal leadership were presented a list of 137 children who were in uncertain placements or unaccounted for at that time. At the Subcommittee Hearing Ms. Merrick-Brady, the Acting Director of Spirit Lake’s Tribal Social Services, explained that 66 children had been found and accounted for. That means that after 13 Mandated Reports, numerous detailed, factual emails about continuing abuse of children at Spirit Lake, 21 months after the BIA Strike Team arrived with much fanfare and ten months after Chairman McDonald was elected Chair there are still more kids unaccounted for than accounted for. How many of these unaccounted for children have been trafficked into the man camps of the Bakken oil fields, just a few hours down the road from Spirit Lake? If the safety of the children of Spirit Lake is our top priority, this performance should be called what it is, “weak and inadequate”.

Most witnesses at congressional hearings are told that if they don’t know the answer to a question, there is no problem in saying so and offering to provide the information requested in a few days. When asked a question about how often I had been at Spirit Lake, Ms. Chang seemed eager to offer her lying answer, saying that I had never been there, giving the impression we had discussed that question just the night before. Ms. Chang has never sought me out to ask me any question of any kind. Why would a woman of her stature lie so blatantly about me? Was she seeking to tarnish my reputation? As I cautioned the Spirit Lake Chair in an email last week, quoting the late Daniel Patrick Moynihan who frequently said, “Everyone is entitled to their own opinion, but not his own facts.”

I have been to Spirit Lake three or four times in the last four years. Prior to that time each year I routinely met a couple of times a year in Bismarck with all of the child welfare directors from the four North Dakota reservations. I attended their meetings, spoke when asked and sought to assist them to develop more productive relationships with state human services staff to assist them in reducing their caseloads per worker to the levels prevalent in the majority community.

Thomas F. Sullivan Regional Administrator, ACF, Denver

Aug 222013
 
Suffer the Children. Sexual Abuse of kids on the Spirit Lake Reservation

In June, 3-year old Laurynn and her twin sister were thrown down an embankment, then kicked in the head while their care-giver stood aside, smoked a cigarette and watched.  Laurynn isn’t the first child to be murdered at Spirit Lake in the last two years. Several have been killed. Other children are being physically and sexually abused as you read this.

Yet federal and state bureaucrats continue to act as it this is a non-issue. Despite numerous pleas for help, the BIA, FBI and U.S. Attorney feign assistance while the abuse continues. When an official actually WANTS to do something to help, like the man below, permission is refused…

IMMEDIATE ACTION: NORTH DAKOTA BUREAUCRAT AND DC SHUT DOWN EFFORT TO HELP SPIRIT LAKE KIDS –“““““““““““““““““““““““““““““““““““““““““““““““`

A gov’t official who has CARED about the deaths at Spirit Lake and sent documented report to DC calling for change has been DENIED permission to participate in a fact-finding meeting this week in ND. Please read the bureaucratic garbage he was sent in the letter below.

Further – while Rep. Kevin Cramer was willing to participate in the meeting and Senator Hoeven’s office was sending a rep, Senator Heitlkamp was not sending anyone – and Scott J. Davis, Commissioner, ND Indian Affairs, said he wasn’t going to show unless Senator Hoeven and Heitkamp were there as well! WHY are our state & federal gov’ts NOT addressing the severe abuse occurring on many reservations? Why does DC continue to set up roadblocks. We will NOT stand by and allow this to continue. Below is the letter in full.

It bloviates that a meeting is possible – but whether or not anyone makes any real effort to gather “leaders from multiple ACF offices – when it has been so clear that the DC office has ignored every single report that Mr. Sullivan has sent – is another question. Mr. Sullivan holds a non-refundable plane ticket to Bismarck this next week.

PLEASE CALL ASAP: Please ask these people to allow Tom Sullivan to travel to Bismarck next week to get documentation about the child abuse at Spirit Lake!

George Sheldon: Acting Director of ACF ~ 202-401-5383
MaryAnn: Travel Clerk – 202-401-9216

PLEASE insist that he be allowed to listen to the average people who want to speak to him, that Heitkamp’s office do their job and listen – and that the ND official get off his lazy butt and participate…

A couple more officials below as well….

From: Murray, James (ACF)
Sent: Thursday, August 22, 2013 10:11 AM
To: Sullivan, Thomas (ACF); Delgado, Carol (ACF); Rogers, Thomas (ACF); Ross, Sharon (ACF)
Subject: RE: Itinerary for THOMAS FRANCIS SULLIVAN on 8/27/13 to Bismarck (IGTOZC)

Tom,

Thanks for your patience. ACF’s response to the concerns at the Spirit Lake Nation will have to be generated through a collaborative effort by leaders from multiple ACF offices. Representatives from those offices will have to be included along with you in meetings like the one proposed below, to maximize ACF’s response. Your leadership will be critical in the work of the larger ACF group to address the issues. That being said, I have to deny the travel request at this time. We can revisit the topic once ACF has a chance to mobilize the larger leadership group to begin moving things forward. Let me know if you’d like to discuss it further and I can set up a conference call for tomorrow or early next week.

Sincerely,

James Murray || Acting Director || HHS/ACF/ORO || Desk: (202) 401-4881 || BlackBerry: (202) 253-0217 || Fax: (202) 401-3449 || Email: james.murray@acf.hhs.gov

LETTER RE: Scott Davis:

> From: “Sullivan, Thomas (ACF)
> Date: August 22, 2013, 7:57:01 AM CDT
> To: “Davis, Scott J.” <sjdavis@nd.gov>
> Subject: RE: meeting
>
> Scott:
>
> Thank you for your email.
>
> It seems that both your tone and attitude have changed dramatically in the last 24 hours. It is almost like you have been told to cancel our meeting and are searching for a way to make me pull that trigger so you don’t have to. That is troubling.
>
> I see nothing in my emails to you suggesting anyone interested in helping improve conditions at Spirit Lake should be excluded from this scheduled meeting. Who they are invited by is irrelevant as long as they are at the table.
>
> In my long career I have come to despise those who seek to create a straw man in order to achieve something they are unwilling to place their own hands on. Such folks, I have found, lack both courage and integrity.
>
> I have no idea why someone would wish to cancel this meeting which is being convened, as I understand, solely to discuss how we all might work cooperatively to improve conditions at Spirit Lake. It is hard for me to believe that any responsible person wishes to stop our meeting from occurring, effectively maintaining the status quo.
>
> All the best
>
> Tom
>
> —–Original Message—–
> From: Davis, Scott J. [mailto:sjdavis@nd.gov]
> Sent: Wednesday, August 21, 2013 4:20 PM
> To: Sullivan, Thomas (ACF)
> Subject: Re: meeting
>
> Tom,
>
> No that is not acceptable.
>
> As I said I am happy to meet with all of the stakeholders at the table.
>
> It is important to me to have everyone (federal agencies) who has a role in the solutions to these problems at such a meeting.
>
> Please let me know when you can confirm you have everyone lined up to attend.
>
> Thank you.
>
> Scott J. Davis
> Commissioner
> ND Indian Affairs

Apr 052013
 

Senator Hoeven,   

Spirit Lake Town Meeting, Feb 27 2013

Spirit Lake Town Meeting, Feb 27 2013

Thank you again for your concern for the vulnerable in our state. I have received a copy of the 13th mandated report from Mr. Thomas Sullivan of the Denver office of Administration for Children and Families. I have attached a copy.

According to Mr. Sullivan, the situation remains the same on the Spirit Lake Reservation and children continue to be abused while perpetrators go free. Further, he reports that we were lied to by the U.S. attorney on February 27 when those gathered at the Spirit Lake town hall meeting were assured that he was going to speak to the elderly woman who stood up last to tell her story. Mr. Larson will remember her, I am sure. She tried very hard to speak at that meeting but wasn’t allowed to. Tragically, because of the neglect of her story, the two children she tried to talk about – who obviously, desperately, need to be taken from that home immediately and given intense counseling, have been observed continuing the same behavior and another child was hurt. May God be with us – how is it that we as a state and nation allow this to continue?

It has also been inferred that Mr. Sullivan could lose his job if he continues to stand up for the families and children.

Lastly, this report supports and affirms Representative Cramer’s assertion that justice in the Spirit Lake tribal court is far from assured. I applaud Rep. Cramer for his courage.

Please insist on hearings as to how Spirit Lake is being handled. Please also protect Mr. Sullivan to the extent that you can, and continue to stand up for all of us.

If our opponents believe we will sooner or later get tired and go away, they are wrong. We will not. I have been trying to bring attention to these types of things since 1996 and it has only gotten worse. I am not going away.

Thank you.

Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
http://caicw.org

———————– Page 1———————–

     March 29, 2013

This is my Thirteenth Mandated Report concerning Suspected Child Abuse on the Spirit Lake Reservation. It is being filed consistent with the Attorney General’s Revised Guidelines.

The two weeks following the submission of my Twelfth Mandated Report on February 22, 2013 were marked by a remarkably intense Public Relations campaign by both the Department of Justice and the Bureau of Indian Affairs. They sought to convince all that the children of Spirit Lake were safe, that all of the problems at Spirit Lake were well on the way to being fixed, that all allegations had been or were being investigated, witnesses had been interviewed and statements taken. The facts, however, do not support their misleading PR puffery.

Their puffery campaign took several different approaches, all calculated to raise questions about the credibility of my Reports:

1. Public statements were made that many of the allegations contained in my Reports were false. There are two problems with those self-serving statements. Even though innocent citizens of Spirit Lake have been beaten, raped and required hospitalization to recover from their wounds you folks claim there has been no crime because the investigation was done so unprofessionally, there was no investigation or the paperwork has been “lost”. When this occurs once or twice, it is an unfortunate error. When it occurs routinely as it does at Spirit Lake, it is nothing short of a corrupt abuse of power which DOJ and BIA apparently endorse since there appear to be no limits to their praise for Spirit Lake law enforcement..

Second, all of you ignored the statement of Tribal Chair Roger Yankton made on November 5, 2012 in a Tribal General Assembly, “I know of no lies in Sullivan’s Reports.” When Mr. Yankton made that statement I had filed Seven Mandated Reports containing 90 – 95% of the specific, unduplicated allegations I have made. The Tribal Chair was honest. The best that can be said of the DOJ and BIA leadership is that they were self-serving.

2. Another attempt to diminish the credibility of the allegations contained in my Reports was to refer to them as “second or third hand”. While I have not personally witnessed any of the incidents I have been reporting, they ———————– Page 2———————–

have been witnessed by Tribal Elders, a Nun, a former Tribal Judge, foster parents, parents, all enrolled members of the Spirit Lake Nation. None of these people have any reason to lie about what they were reporting on their Reservation. Some allegations come from individuals who are not enrolled members but who are former long term employees of the Tribe who have been reporting Tribal wrongdoing for years to the state, DOJ and BIA .

All of these sources, both enrolled Tribal members and non-enrolled, are furious their allegations have been ignored for years exposing the children of Spirit Lake to continued abuse and neglect. They believe even now they are still being ignored for the benefit of the addict, the predator and the corrupt.

All of my sources have been threatened by the supporters of the Tribal Council with loss of employment, jail, as well as physical harm to themselves or their families. While I have not been directly threatened, I have been told my persistence in this matter places me at the same risk as my sources. I am deeply offended that all of you refuse to defend the innocent of Spirit Lake when my sources and I are placing our physical safety on the line. Your cavalier dismissal of my reports which accurately reflect the stories of my sources is especially troubling.

3. Within this context it is hypocritical for the leaders of DOJ and BIA to now tell tribal members that “the most important thing they can do to protect children is to immediately report any criminal activity to law enforcement.”

The twelve year old who had just turned thirteen and was raped on September 29, 2012 by a 37 year old man reported the rape to police immediately. The name address and a description of the rapist were provided to the responding officers. No rape kit was collected. No charges were filed because the BIA/FBI decided the sex was consensual, in the 37 year old rapist’s words, “She wanted to have sex with me. What was I supposed to do?”  How naïve do you think we are that you believe we will swallow such patent nonsense? How does this decision protect children?

The Tribal Elder who observed two little boys engaging in anal sex in her yard did call police immediately. No one in law enforcement took her statement. She tried to tell her story at the February 27, 2013 Hearing but she was shushed by the US Attorney, the BIA leadership and all of those

———————– Page 3———————–

on the platform. The US Attorney did say publicly that he would speak to her privately after the Hearing concluded. He did not. Nor did anyone from his office take her statement. How did these actions protect children?

One day later, on February 28, 2013, these same two boys were observed by two little girls engaging in oral sex on a Spirit Lake school bus. The little girls reported this to the bus driver, their teachers and the school principal.

All of these responsible people kept quiet about this incident. None filed a Form 960 as required. How do these actions protect children?

On March 14, 2013 law enforcement went to the home of these two boys because one of them tried to sexually assault a three year old female neighbor who is developmentally delayed.

Police were called last summer when adults and very young children observed a 15 year old boy having intercourse with a 10 year old girl on the steps of the church in St. Michaels at mid-day. No one responded to the call. How did this non-response protect children?

How long must this horror continue? How many more children will be raped before one of you decides to do your job and protect these children? To carry out your sworn responsibility to enforce the law and to get these children the intensive therapeutic services they so desperately need?

4.  The US Attorney spoke in glowing terms about the high quality of law enforcement working on the Spirit Lake Reservation even though they routinely fail to conduct investigations, do lousy investigations and “lose” reports of investigations.  Is there anyone working for BIA on that Reservation who does not have a record of Domestic Violence?

Why has there been no  investigation of  my six month old complaint against  FBI Special Agent Cima?

Why has there been  no investigation of the seven month old charges of Domestic Violence against BIA’s Senior Criminal Investigator (CI) at Spirit Lake by his wife?

———————– Page 4———————–

Why has there been no investigation into the destruction of the Incident Report completed by the CI’s wife in the Devils Lake Mercy Hospital Emergency Room after a particularly vicious beating at the CI’s hands in mid-August 2012 by the current Director of Spirit Lake Victim Assistance?

Why has there been no investigation of the complete and total failure of the state, FBI and BIA to investigate charges that were credibly brought several years ago against each of these entities?

Why has there been no investigation into the withholding of critically needed intensive rehabilitative services from several Spirit Lake children who have been sexually abused and severely beaten? If the purpose of preventing these children from gaining access to this therapy is to prevent the names of those predators who damaged these children from being revealed to professionals who have a legal obligation to make this information known to law enforcement, is this obstruction of justice? If it is, the entire leadership of BIA’s Strike Team should be indicted.

Why has there been no investigation into the Spirit Lake school system’s retaliatory actions against two mandated reporters – firing one and giving the other a letter of reprimand, simply because they were attempting to help a young child having some difficulties in his foster home placement?

The bias reflected in all of these non-investigations and highly unprofessional investigations conducted by law enforcement at Spirit Lake may well rise to the standard set by the Ninth Circuit Court of Appeals in their decision in the Oravec case.

5.  The US Attorney in a televised interview on Grand Forks television station, WDAZ, spoke about the fine job he and his office were doing protecting all North Dakota children especially those at Spirit Lake and said that the press releases on his website contained all of the information on every case he had brought to trial or conclusion during his tenure in office.

I could only access the last 15 months of these releases. They were quite informative. There were only two cases in which sexual assault was charged. Both of the victims were adult women. None were children.

On the Spirit Lake Reservation it has been credibly claimed there have been, on average 50 reported, investigated and confirmed cases of child

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sexual abuse or statutory rape annually in each of the last several years. These confirmed cases are routinely referred to the US Attorney for investigation and prosecution. Within this context it is troubling that the US Attorney has apparently not brought a  single case of child sexual abuse/statutory rape in the last 15 months.

If the residents of Spirit Lake report criminal activity when they see it, what good does it do if the US Attorney will not bring a case to court for prosecution?

6.  Most Registered Sex Offenders when they are released from prison are required by law to keep a specified distance from children. The Tribal Chair said on November 5, 2012 there were no lies in my reports and the placement of children  in the full time care and custody of known sex offenders was a major point in my First Report, filed more than nine months ago, well before that November 5, 2012 statement.

Why has the US Attorney failed to direct his crack FBI and BIA agents to investigate and charge those sex offenders and have them returned to prison for violating this provision of their release and have the children placed in safe foster homes?

7.  There are credible allegations that the Tribal Court decisions favor the addict and the sexual predator in practically every case brought before it. I have multiple examples of the Tribal Court’s bias in favor of the addict and predator. I will use only two here.

The placement of a four month old infant who was born addicted to meth and who had to remain in the hospital for one month after birth in order to shed all traces of that drug is a good example of this Tribal Court’s bias in favor of the addict and the predator. This infant was returned to the full time care and custody of his mother even though she had not completed the required, Tribal Court ordered drug treatment program.

The decision of the Court to return three children to the full time care and custody of their biological father who just a few months previously had beaten them with electric cords, choked them, raped them and made his children available to his friends for their sexual pleasure even though there was an outstanding criminal charge against him is another example of the Tribal Court’s bias in favor of predators. Their father is a close relation of the Tribal Chair.

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Why has none of this been investigated by either the BIA or FBI?

Why have no federal charges been filed against the father for his extraordinary abuse of his children? They have spoken about their abuse to therapists. Have these therapists failed to notify law enforcement about what they have  learned? Or is law enforcement ignoring these reports again?

Why is that infant still in the unsupervised care of his meth addict mother? How much damage has her neglect done to this child in the few months she has had full time care and custody of him?

Why has Tribal Court been allowed to endanger the children of Spirit Lake with impunity? What has law enforcement done to protect these children from the Tribal Court’s malfeasance?

The good people of Spirit Lake have every reason to believe that society has abandoned them when government leaders spend their time attempting to shore up their own reputations while refusing to protect those who are being raped and abused. Your persistent efforts at PR puffery, essentially denying the plain facts at Spirit Lake, betray your unwillingness to fulfill your sworn obligation to protect and defend. Your record of non-investigation and non-prosecution is now in the spotlight. What will you do?

Thomas F. Sullivan
Regional Administrator, ACF, Denver

Rep. Kevin Cramer: Gentleman, Hero

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Apr 042013
 
U.S. Rep. Kevin Cramer

U.S. Rep. Kevin Cramer

When an elected official shows not only class and dignity, but a sincere desire to uphold Constitutional rights, some of us tend to feel a little shocked.

Below is the apology delivered by Representative Kevin Cramer following a disagreement at a meeting of the North Dakota Council on Abused Women in late March.

First – from what I understand of what happened, he did not need to apologize. He was standing up for me, my daughters, my granddaughter.  He was standing up for Due Process and our Constitutional rights.  This is exactly what I want him to do.  But he did apologize, even though he didn’t need to, and for that, I think he has class.

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“I recently met with members of the North Dakota Council on Abused Women Services regarding the new Violence Against Women Act (VAWA) reauthorization, and my passion concerning some of the problems I fear may exist with this legislation. Critics of this Act have expressed due process concerns in regard to some of its provisions.  I therefore voted in favor of an amendment designed to address this potential harm.

Unfortunately, my efforts were not supported by my Congressional colleagues.

Because VAWA protects victims of domestic violence, sexual assault and stalking by streamlining grants, improving investigation, prosecution and victim services, as well as enhancing penalties against offenders, I voted in favor of this legislation. I am quite open about my passion regarding helping those within our society that are exposed to violence. I believe my Congressional floor speech concerning VAWA, in particular, demonstrates my personal connection to this issue, as well as my apprehension in regard to the legislation I helped pass.

Certain statements I recently made regarding my frustrations with VAWA are under scrutiny.  This is deserved as, in hindsight, my tone and rhetoric was better suited for active debate in Congress (or a floor speech) rather than my true intention; requesting guidance from the peers of this important issue. I apologize.

My intent was not to disparage anyone. I want to end violence. I truly appreciate Ms. Merrick’s statements, specifically relating to this issue, because it is a pointed reminder of what I love most about my country; equal protection, balance of power, due process. And, most importantly, unfettered free speech, which is ot only unopposed in its ability to humble its leaders, but its capacity towards inspiring debate.

But, I want to make clear that successful court challenges to all, or parts, of this legislation are always adjudged by our Constitution, notwithstanding the best intentions of its proponents. Overturned convictions will revictimise the very people we are trying to protect. I am encouraged by the considerable energy available to fix the serious, societal problem of violence (against all victims).

It is my hope that improving lives is always our upmost focus.

Since VAWA 2013 is only the beginning, I look forward to working with all stakeholders to improve it“.

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What was most uplifting for me was that Rep. Cramer understands the harm caused by the recently passed version of the Violence Against Women Act, forcing women into tribal court whether they want to be there or not.   Well… actually, the law forces women to choose between asking for justice in front of potentially corrupt tribal courts – or keeping ones mouth closed and not seeking justice at all.

Representative Cramer not only gets it, but it matters to him.  He wants to improve it.

Thank you, Representative Cramer.  We are here to help you do that, anyway that we can.  You are my hero.