Apr 142017
 

Three-yr-old Lauryn Whiteshield was murdered a little over a month after her arrival to her grandfather’s home in the spring of 2013.
This twenty minute video examines the effect of federal Indian policy on the lives, liberty, and property of U.S. citizens across America.
Although the last two U.S censuses show that 75% of tribal members do not live within Indian Country and many have never had any association with the reservation system, federal policies mandate tribal government jurisdiction over individuals of lineage in several areas.
1) Across America, children who have never been near a reservation nor involved in tribal customs – including multi-racial children with extremely minimal blood quantum – have been removed from homes they love and placed with strangers. Some children have been severely hurt in the process.
2) Women victimized by violence can be denied the option of county court, regardless whether they believe justice cannot be obtained in tribal court.
3) Further, the Department of Interior holds title to the property of millions of individual tribal members. Adult citizens are not allowed to sell or use their property as collateral without permission.
This study looks at the practical impact and documented repercussions of policies that, based solely on a person’s lineage, set limitations on what they may do with their lives, children, and property.

Please share this with your friends.

PLEASE also share with YOUR Congressmen. MANY of them take a stand on all kinds of things – from orphans in Russia to immigrants and refugees from overseas. DEMAND that they take a strong stand for children in the United States – CITIZENS subject to abuse by a law they – Congress – created and MUST remove.

Most especially – share your thoughts on this video with the Chairman of the Senate Committee on Indian Affairs – Senator John Hoeven.

Find your State’s Senator and Congressmen here:
https://www.senate.gov/
https://www.house.gov/

Thank you – and PLEASE Share….

Learn More.

http://DyingInIndianCountry.com

https://www.facebook.com/CAICW.org/

Mar 092017
 

Honorable Chairman John Hoeven,

On June 30, 2014, then U.S. President Barack Obama stated in a letter to Speaker John Boehner that children crossing our southern border are an urgent humanitarian situation and the U.S. has a legal and moral obligation to make sure they are appropriately cared for. Today, Americans across the nation are vilifying President Donald Trump out of concern for refugees across the world.

The federal government, which has claimed Native American children and their parents as wards, has an even greater legal and moral obligation to alleviate the humanitarian crisis within our reservation system. “…there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe…” (Indian Child Welfare Act of 1978)

Many across the world have also been outraged by the legal route chosen for the Dakota Access Pipeline. Despite clear facts outlined in the District Court ruling in September, 2016, an unsettling number of people have protested the danger youth of Standing Rock would face if at some point the water would become polluted.

Yet, most of these people have been silent concerning the number of murdered children on many reservations, as well as the epidemic of teen suicide. Albeit – many do not know about the violence. Much of the media that has been trumpeting unsubstantiated #NoDAPL claims, has ignored the documented reports of child abuse on many reservations.

Very few news outlets have reported on children such as 18-month-old Jastin Ian Blue, who, after having been removed from his mother due to neglect and abuse, was murdered by her in October, 2014, after Standing Rock officials returned him to her.

In 2014, the National Court Appointed Special Advocate Association reported, “… research shows that while the US child mortality rate for children ages 1 to 14 has decreased by 9% since 2000, it has increased by 15% among AI/AN children.” And the Center for Native Youth reported, “Violence, including intentional injuries, homicide and suicide, account for 75% of deaths for AI/AN youth age 12 to 20” (SAMHSA). (Center for Native American Youth 2014). “Types of crimes that Native Americans are likely to be victimized by include: murder, assault, drug trafficking, human trafficking, and gang violence” (Tighe, 2014).(Hyland 2014, 4).

Worse, reservation child abuse is frequently underreported. It is common for those witnessing abuse to say nothing, as illustrated by the seven currently facing federal charges after Pine Ridge law enforcement found two toddlers in November, 2016, weighing 13 pounds each. The girls were so severely malnourished that a pediatrician compared them to World War II concentration camp prisoners. It appears many were aware of the girls’ condition, but said nothing.

There are varied reasons for this. There is a culture of silence on many reservations. You do not turn family in. Other witnesses may be afraid to come forward because they had been complicit or even participatory in the early stages of the abuse. Others say abuse must be kept quiet to prevent challenge to and weakening of tribal sovereignty and the Indian Child Welfare Act.

Whatever the reason, with few seeming to care about the abuse and trafficking on many reservations, children end up feeling trapped and hopeless. A report from President Obama’s office stated, “Suicide is the second leading cause of death—2.5 times the national rate—for Native youth in the 15 to 24 year old age group” (Executive Office of the President 2014, 5), while NICWA reported, “Native teens experience the highest rates of suicide of any population in the U.S.—at least 3.5 times higher than the national average.11 (NICWA, SAMHSA 2014)

Data concerning the extent of child abuse within Indian Country abounds. Some of the reports given by tribal entities and organizations have phrased the data to make it appear that these dangers are connected to heritage. But the data is flawed. There might, in fact, be a higher percentage of children hurt within the reservation system than currently thought, and it is not about heritage. The cited statistics most often include the number of those self-reporting heritage on the U.S. census. But most of those reporting heritage on the census live outside of Indian Country and are not having the same issues those living with reservation boundaries are experiencing.

According to the last two U.S. censuses, 75% of U.S citizens with tribal heritage live outside of Indian Country. This includes persons of 100% heritage who choose not to be involved with the reservation system. Some have moved away to protect their children from the high incidence of crime and corruption. Others have never lived on a reservation. In fact, most enrollable citizens have less than 50% tribal heritage, have mainstreamed, and are well-connected with non-native relatives. Some have not been connected to the reservation system for over two generations.

Further, many dissident families living away from the reservation system may or may not have been experiencing the levels of abuse and violence that children within the reservation system experience. The data on their health doesn’t always make it to the reporters of tribal health and welfare statistics. Some of these families living outside the reservation system may self-report elements of their heritage to the U.S. census, but that does not mean they are eligible for federal Indian benefits, are served by tribal resources, or have any connection with Indian Country. Many of them are uncountable in the statistics gathered by Indian Health Services or other reporters.

The reported data concerning ‘Native American child abuse’ consequently pertains more to children within Indian Country who use the benefits and services and are under the auspices of tribal governments, the federal Administration of Children and Families, the Bureau of Indian Affairs, and other federal ‘help’ agencies – than it does to children in the mainstream who are unconnected to Indian Country.

Clearly – all this considered – emotional and physical dangers for children are much greater within Indian Country than they are without. Violence is higher for many reasons – including (but not limited to) the inability of State law enforcement to make arrests, the prevalence of gang activity, alcohol and drug abuse, and alcohol related birth defects. Yet, despite the many hearings, reports and billions of dollars spent to improve quality of life within the reservation system, the situation appears to be only getting worse.

Unfortunately, ICWA statistics – including how many children are affected by the ICWA every year, what percentage of those affected were taken from long term homes where they felt safe and loved – then placed into tribal foster homes and been hurt, what percentage had never lived within Indian Country or been acquainted with the culture prior to being subjected to ICWA, and what the long-term emotional and physical health outcomes for the children have been – are not readily available. But that doesn’t dismiss the value of common sense and logic.

The theoretical implication of the large amount of available data on Native American child abuse – data that has been reported as true by tribal government entities, their supporters, and the Obama administration – is that children who are taken from homes known and proven to be safe, stable, and emotionally and physically healthy outside of Indian Country, and placed into a home within Indian Country, are more likely to be placed into situations less safe, stable, and emotionally and physically healthy than the home they have been taken from.

Further, these theoretical implications should be obvious to tribal and federal governments as well as organizations servicing Indian Country, as they are the ones reporting the data.

Therefore, children who fall under the jurisdiction of the Indian Child Welfare Act – meaning children who a tribal government has deemed to be members and who have been brought before a judge for a custody hearing, regardless of whether they and their families have been connected to Indian Country – are being consciously placed into potentially dangerous living situations by tribal, state, and/or federal government officials who know – or should know – the potential for harm.

Nevertheless, a concerned community does not wait for additional studies to act on an obvious and immediately known danger. We don’t wait for a study to rush a child out of a burning building. When a child is bleeding to death, we know to immediately put pressure on the wound and get the child to a hospital. Unwillingness to deal effectively with the immediate needs of children suffering extreme physical or sexual abuse from their extended family or neighborhood casts doubt on tribal and federal government assertions that the best interest of the children is of paramount importance.

The real racism – is the attitude that the documented and immediate needs of certain children of a particular heritage can wait a few more years so as to not interfere with the desires and demands of political leadership. While claiming to be “raising the standard” for children of heritage by allowing them to stay in a documented dangerous environment, or to return to a dangerous family setting prematurely, or to take them from an environment known to be safe and deliberately place them in danger – federal and tribal officials have been in fact lowering the standard to the point of cruel negligence. Many children of tribal heritage are, in fact, not being given protection equal to what other children are legally mandated to receive.

http://caicw.org

The twin of murdered toddler Lauryn Whiteshield, is currently threatened with removal from her home in Bismarck – to be placed back on the Spirit Lake reservation where she watched her sister die. We can only imagine the horror the foster parents are feeling right now, not to mention how this now six-year-old will feel when the transfer takes place. In the Spring of 2013, the three-year-old twin sisters were taken from the safe, loving home in Bismarck where they had lived most of their lives. and were placed with their grandfather and his girlfriend, a woman known to have been abusive to children in the past. Lauryn was murdered within a few weeks. This happened during a period when both the BIA and U.S. Attorney’s office had taken over law enforcement and social services on the Spirit Lake Reservation due to a rash of uninvestigated child homicides and were supposedly monitoring placements to prevent further murders. The non-native foster mom the girls were taken from read a victim’s impact statement for the sentencing of the murderer of Lauryn. The federal government, she said, allowed it to happen, and “ICWA can be an evil law when twisted to fit the tribes wants or needs.”

The Goldwater Institute wrote concerning Lauryn, “The forced transfer from a safe, loving foster family to a home that posed great and obvious danger to the girls did not happen in a third-world country but in the United States. It did not happen 40 or 60 years ago but in 2013. And it did not happen because the court ignored the law but because it followed it. Had any of the child custody laws of the 50 states been applied, in all likelihood Lauryn would be alive today. That is because state laws require consideration of the “best interests of the child” in determining termination of parental rights, foster placements, and adoptions. That bedrock rule protects all American children – except children of Native American ancestry, like Lauryn. Although she had never lived on a reservation, because of Lauryn’s ancestry, she was made subject to the Indian tribe’s jurisdiction, which determined it was better to “reunify” her with a grandfather with whom she had never lived instead of the non-Indian foster family who had raised her from infancy and wanted to adopt her.” (Bolick 2015).

While adoption isn’t the only or best answer for every situation in Indian Country, it is notable that on January 1, 2013, the U.S. Senate unanimously passed S. Res. 628, expressing disappointment over the Russian law banning adoption of children by American citizens.

Senator James Inhofe, one of the two Senate Co-chairs of the Congressional Coalition on Adoption, rightly stated, “It is extremely unfortunate and disheartening that the Russian Duma and President Putin would choose to deprive the children, the very children that they are entrusted to care for, the ability to find a safe and caring family that every child deserves…It is nothing more than a political play…that ultimately leads to greater hardships and more suffering for Russian children who will now be denied a loving family.”

The Congressional Coalition on Adoption Members also sent a bi-partisan letter to President Putin urging him to veto the legislation, stating, “…Nothing is more important to the future of our world than doing our best to give as many children the chance to grow up in a family as we possibly can.”

Americans have continually expressed concern over Vladimir Putin’s adoption ban. As recently as in the last couple weeks, evangelical ethicist Russell Moore and Kay Warren, wife of Saddleback Church Pastor Rick Warren, have blasted the ongoing restrictions and called on Christians to pray for abandoned babies and children in that country. It is admirable that Americans feel the pain of Russian children deprived of love and stability and want to help. Americans need to be made aware of children with comparable needs here in America.

The argument against ICWA goes further than just adoption, though. Speaking as the birth mother of several enrollable children – it is also important to recognize that many birth families don’t want tribal governments to have jurisdiction and control over their children.

Children who had never been near a reservation nor involved in tribal customs, some with extremely minimal blood quantum – as well as some with maximum quantum – have been removed from homes they know and love and placed with strangers chosen by tribal social services. Although it is often said that the ICWA has safeguards to prevent misuse, stories concerning the trauma of ICWA on families – including multi-racial families – abound across America. Abuses are rampant on many reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.

It appears some within our federal government have reduced our children to the status of a mere “resource’ – choosing to please political leaders rather than save children’s lives. This, while denying tribal members the right to oversee and manage their own physical property and resources. Children, it seems, are a demanded “resource” – and personal, private property is disregarded and ignored as an economic resource. When one boils down the entirety of federal Indian policy – just how does our federal government view tribal members? Indeed, why are children treated as assets, and adults treated as children?

The ability to use your personal property as leverage – to collateralize your assets – is an important economic principle. Yet this principle is denied to individual tribal members despite the extreme level of poverty within Indian Country. It is undeniably a direct result of the infringement of federal Indian policy on individuality, liberty and property that many tribal members continue to struggle in poverty.

Allowing property rights for individual members – while removing the financial incentive for tribal leaders to use children as property, supporting law enforcement, and upholding full constitutional rights and protections for all citizens – would vastly improve the economy, attract more members back to Indian Country, and potentially lessen the financial incentive for tribal leaders to use children as a financial resource. Allowing individuals to freely use their personal resources as financial leverage would preserve to citizens their God-given right to individuality, liberty, and property.

It’s time to stop listening to those with a vested financial interest in increasing tribal government power. Every time power to tribal leaders is increased, tribal members – U.S. citizens – are robbed of civil freedoms under the constitution of the United States. Equal Protection is a constitutional right. More power given to tribal leaders means less freedom and constitutional rights for tribal members.

This said, we are asking you, Senator Hoeven, to include these issues in the 2017-2018 Senate Committee on Indian Affairs agenda:

A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.

• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b) “…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”

E. Include well defined protections for Adoptive Parents.
F. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family – not merely knowledge of the tribe or traditional customs – and is able to advocate for the well-being of the child, first and foremost.
G. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. It is claimed that tribal membership is a political rather than racial designation, therefore, parents, as U.S. citizens, should be the sole decision makers in regard to political affiliation for their families. Political membership should not be forced upon children or families.

• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”

H. Secure to all American citizens their individuality, liberty and property. “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws [for the protection of them] in the first place.” (Frederic Bastiat, The Law, p. 5-6.)

These requests can be summarized as an insistence that all American citizens, no matter their heritage, be allowed full benefit of their constitutional rights. We can expand on any of these points and provide documented reasoning upon request.

In the words of Dr. William Allen, Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights, when speaking at the ICWA forum, October, 2011, in the Senate Committee on Indian Affairs chambers:

“… We are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…”

Thank you,

Elizabeth Morris
Chairwoman
Christian Alliance for Indian Child Welfare
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

READERS: Three of the children in this attached photo were murdered after being placed by the Indian Child Welfare Act into homes that were or should have been KNOWN to be very dangerous.

Another child shown here was beaten after being taken from his very safe, loving Latino grandparents and placed with his maternal grandmother on the Ute reservation. The maternal grandmother had a recorded history of child abuse. Her daughter – the mother of this child – was removed from her care due to abuse. That daughter did NOT want her children placed with her mother – she KNEW the children would be abused. The State of California and the Ute reservation did it anyway – resulting in permanent brain damage to one of the children within three weeks.

The fifth child in this photo was taken at the age of six from the only home she knew and loved. She had an extremely small percentage of heritage – but was still considered the property of the tribal government and subject to their abuse of law.

Please share this with your friends.

PLEASE also share with YOUR Congressmen. MANY of them take a stand on all kinds of things – from orphans in Russia to immigrants and refugees from overseas. DEMAND that they take a strong stand for children in the United States – CITIZENS subject to abuse by a law they – Congress – created and MUST remove.

Find your States Congressmen here:
https://www.senate.gov/
https://www.house.gov/

Thank you – and PLEASE Share….

Mar 012017
 
http://caicw.org

3-yr-old Laurynn and her twin, Michaela, were thrown down an embankment. The woman caring for her – their grandfather’s wife – then told her children to go down and beat them senseless. They did. When they were done, both girls were alive, but Laurynn was “not right.” Her eyes were funny.

Following the beating that day in June 2013, the family took the twins home, gave them a bath, and put them to bed. Sometime later that night, lying on the bed next to her twin, Laurynn died.

3-yr-old Michaela was the first to see her sister dead. She remembers waking up and finding her (in her words) “blue, and gray.” She also still remembers the beatings. It had happened more than once.

But she has forgotten the actual people she was living with. They are mercifully gone from her memory.

She hasn’t had to see them for three years. She was thankfully allowed to return to an off-reservation foster home she and her sister had lived in the first two years of their lives – where they both had felt safe and loved. We will call this the “Loved Home.”

They had only lived in their grandfather’s house a few weeks. In May 2013, they were taken from the “Loved Home” they had lived in since they were babies, and – despite Spirit Lake services being under the oversight of the BIA and US Attorney Tim Purdon – were placed with their grandfather and his wife – who had her own children removed from her in prior years due to neglect and child abuse.

Let this sink in. Under the oversight of federal gov’t agencies, the twins were removed from a safe and loving home they had lived in for over two years and were placed with a woman known to be physically abusive.

Let us also remember why the BIA and US Attorney Tim Purdon were asked to be there, doing oversight at Spirit Lake. It is because so many children were being abused, raped, and murdered, that tribal elders (NOT the tribal council) were very upset and ASKED the federal gov’t to come help.

The child abuse came to a head after a little boy and his sister were both raped and had their throats slit. Nothing had been done about their murders for over a year.

That is why tribal elders asked the BIA to take over tribal social services and law enforcement. That is why US Attorney Tim Purdon and the FBI were supposed to do oversight. All this was already in place when it was decided to take the twins from the Loved Home and put them into a dangerous home.

Spirit Lake Town Meeting, February , 2013
Had Tim Purdon and others done their jobs, perhaps Lauryn would still be alive today. Had he and others listened to tribal members at a February 2013 town-hall meeting, where tribal members made it very clear to Tim Purdon, the tribal council, the BIA and Congressional representatives that things are very, very bad at Spirit Lake and they want SOMEONE to take real action – perhaps Lauryn would still be alive today.

Instead, Tim Purdon basically accused the membership of exaggerating, accused former ACF Director Tom Sullivan of lying about the child abuse, and went on doing nothing to stop the child abuse. The Tribal Council also ignored the pleas of the membership.

Initially, after Laurynn died, the Spirit Lake government decided to keep Michaela on the reservation. Despite the trauma of the beatings and murder, tribal social services ignored the request of the Loved Home to resume care of Michaela, and moved her to another house she was unfamiliar with. The Loved Home was told they would never get her back.

Fortunately, the tribal govt soon changed its mind and quietly allowed her to return to the Loved Home.

But that isn’t the end of the story. Three years later – (meaning at this time) – tribal social service has returned and is intent on moving Michaela to live with her birth mother, whom she barely knows. While mom might have genuine feelings for her daughter, she tested positive for drugs on the day she showed up for a recent visit – one of the first visits in a long time.

I normally never get involved in a situation unless directly asked by a parent, primary caregiver, or close extended family.

I was not given any of the intimate details concerning Michaela by the Loved Home. I have never been to the Loved Home. I have never met anyone who lives at the Loved Home. I was never asked to get involved by anyone at the Loved Home.

There are many people – in more than one community – who know what is going on, including tribal employees who worked at Spirit Lake at the time of Laurynn’s murder. Lots of people want Michaela to be left alone, untouched by the Spirit Lake tribal government.

I know these details to be accurate but will not say how I know. I am doing this – and will continue fighting for Michaela using her real name – because this is the most horrendous thing I have ever heard a tribal government do to a child.

Michaela is terrified of going back to Spirit Lake. Michaela wants to stay at the Loving Home. What caring person in their right mind would find that surprising? She woke up next to her murdered sister, after enduring weeks of abuse together.

The Loving Home has been the only home she has ever felt safe in – and she has lived there most of her 6-years. Only extremely cold, emotionally disconnected hearts empowered by dysfunctional social service policy could ever even dream of moving her from there.

Self-interest and narcissism at its worst.

PLEASE –
– SHARE this post with your friends
– CALL your Senators and Congressmen and ask them to write a letter to the Spirit Lake Tribal Chair respectfully asking her to ensure everything is done in Michaela’s best interest.

– Please especially contact the new Chair of the Senate Committee on Indian Affairs – Senator John Hoeven –

Hoeven, John – (R – ND)
338 Russell Senate Office Building Washington DC 20510
(202) 224-2551
Contact: www.hoeven.senate.gov/public/index.cfm/email-the-senator

– FURTHER – ask your Senators and Congressmen to introduce legislation to clarify the Indian Child Welfare Act – so that NO child ever again goes through what Michaela has gone through and is still going through. Please INSIST this stops. Please insist to your Congressmen that Michaela Whiteshield be left alone, as she wishes to be, permanently – and INSIST the law be changed to make the protection of children a priority over politics.

Find the contact information for your Congressmen at

http://Senate.gov
http://House.gov

BTW – Tim Purdon resigned as US Attorney a couple years ago in order to work for tribal leaders in the Dakotas.

– Maybe ask your Congressmen to have Purdon’s activities investigated as well.

Feb 202017
 

Over the years, we have seen so many distraught families – panicked over what was happening to their children, unsure what to do to protect them, and unable to get help.

Many times, especially in light of the new ICWA rules and guidelines published by the Obama admin in 2016, …there has been little a family could do.

Watching several families struggle at this current time, we have come to a decision:

Whereas, up to half of Americans believe sanctuaries from federal law are a good and reasonable necessity – where people, fleeing oppression from their home nation, can hide from federal law that would send them back to that home nation;

And Whereas; most American citizens believe federal laws that target, isolate, and separate children and families on the basis of heritage are unconstitutional and should not be allowed;

And Whereas, for decades in America, many Christian church buildings have served as sanctuaries, and while there is no law defining a sanctuary or mandating it be respected, the federal government has often declined to enter and forcibly remove people from a declared Christian Sanctuary;

And Whereas, federal authorities have shown their willingness to ignore state and federal law for the last two years when they declined to enter the Cheyenne River Reservation to remove two little girls who were taken from North Dakota by their non-custodial mother when their non-tribal fathers were granted legal custody; and federal authorities have also shown their willingness to ignore federal law in several cases during the 1980’s when Guatemalan illegal-immigrants sought sanctuary in various church buildings around the country;

And Whereas; many children of tribal heritage, even in teen years, have expressed their desire to stay with their chosen families and not be uprooted by tribal governments, but were ignored by tribal, state and/or federal officials;

And Whereas; many birth parents have objected to tribal jurisdiction over, or involvement in, their families, and have made it clear they do NOT want their children on the reservation or their custody case heard in tribal court, but were ignored by tribal, state and/or federal officials;

And Whereas; many extended family, of varied heritages, have had children removed from them by tribal officials for no other reason than that the tribal officials did not like that branch of the family, or the family was non-Indian, or there were friends or family of tribal officials that wanted the child;

And Whereas; there are many documented instances of tribal courts practicing corruption and nepotism in their choice of homes for children, despite clear evidence of harm to children in those homes;

And Whereas; an untenable number of children have been sexually abused, seriously injured or murdered as a result of placement in homes under the Indian Child Welfare Act;

And Whereas; there is solid legal argument concerning the unconstitutionality of the ‘Indian Child Welfare Act,’ and Justice Clarence Thomas intimated as much in his concurrence in the case, “Adoptive Couple vs. Baby Girl;

And Whereas; once a child has been placed in the custody of a tribal government, particularly within reservation boundaries, it can be extremely difficult to remove the child;

The Christian Alliance for Indian Child Welfare does hereby from this day forward declare itself a ‘Sanctuary for Children and Families Threatened by the Indian Child Welfare Act.’

Families will need to show:

1) It is in the child’s clear best interest to remain with them; or that while best interest might yet be unclear, the child needs more time for all aspects to be studied and for true best interest to be made clear; and
2) They are in imminent danger of being forcibly removed by tribal authorities and/or local police under the direction of tribal authorities.
3) They intend to tirelessly work a plan of action to prove and win the best interest of the particular child or children;
4) Understand the CAICW sanctuary they would stay in is a Christian home – where Jesus Christ is Lord.

Lastly, we fully respect President Trump’s position concerning federal funds – and can proudly guarantee we will not be requesting or requiring any federal funds for this Sanctuary.

Families can contact us by messenger or email.

PLEASE – share this message freely.

__________________________________________________

– – Those who object to this and see things from a progressive perspective can explain why they feel it is okay for sanctuaries to shield people of some heritages from some federal laws, but not people of other heritages from other federal laws.

– – Those who see things from a conservative perspective and object to any instance where a person is shielded from federal law… We can only beg your understanding that these children are American citizens, and the federal law in question does not provide equal protection. Please ask your Senators and Congressman to act quickly on repealing this law, so that no child of tribal heritage will need a sanctuary.

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/

May 092016
 
Tom Sullivan - Regional Administrator ACF

The BIA and ACF in Washington DC have finally accomplished their goal of firing Tom Sullivan for his persistent reporting of physical and sexual abuse of children on many reservations – most specifically Spirit Lake.

Our DC Bureaucrats are entirely unaccountable. When people get fired for actually doing their jobs, is it any wonder that so many federal employees are reluctant to stick their necks out against the status quo?

(Read some of the past documentation:)

  • Defender of Abused Children about to be fired by DC Superiors for refusing to shut up about rampant sexual abuse –
  • SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –
  • ACF Regional Director Blowing the Whistle on Child Abuse –
  • ACF Director Tom Sullivan Suspended –
  • May 6, 2015 Termination letter:

    Download (PDF, 758KB)

    Nov 162015
     
    Spirit Lake Town Meeting, February , 2013

    On Nov 22, 2013, Mr. Martin, below, senior aide to Senator Cantwell, made several disparaging remarks concerning ACF Regional Administrator, Thomas Sullivan.

    In a rant, Mr. Martin said Mr. Sullivan no longer had his job, Mr. Sullivan lied about his mandated reports, and a hearing would prove the lie. Mr. Martin also accused me of “cherry picking” tragedies within Indian Country and said Spirit Lake is a story on its own.

    However, THAT SAME DAY, I was forwarded the email at the bottom of this note. It is an email from ACF Regional Director Tom Sullivan to his superiors. It is timed stamped just three hours after my meeting with Mr. Martin. When shown the letter, Mr. Martin apologized.

    Despite Mr. Martin’s claim in his apology below, he did know who Mr. Sullivan was – as he interrupted me with an exclamation before I had even finished introducing Mr. Sullivan to the conversation. ie: I was in the middle of saying, “Tom Sullivan, Regional Director of the… ” when Mr. Martin cut me off with his initial disparaging statement.

    At any rate – we do need to continue to share Mr. Sullivan’s letter with as many as possible. Most importantly, we need to share it with the new chair of the House Government Affairs committee – ie “Oversight committee” – The Honorable Chairman Jason Chaffetz of Utah.

    Mr. Sullivan has repeatedly reported that the ACF, BIA, FBI and US attorney have not been doing their jobs at Spirit Lake and other reservations. They are allowing tragedy to occur despite the pleas of the people living there. We do need our government to investigate Mr. Sullivan’s claims and the claims of others on reservations across our nation. We want that hearing Mr. Martin suggested.

    Yet – two years later, a thorough hearing has not happened and the problems remain – again swept under the rug.

    We need friends from every state to contact their Congressional offices as well as their own State Senators and Representatives, and ask for an investigation of Mr. Sullivan’s horrific claims.


    Further — IF YOU HAVE PERSONAL STORIES CONCERNING SEXUAL AND PHYSICAL ABUSE THAT HAS BEEN IGNORED BY FEDERAL AND TRIBAL OFFICIALS – PLEASE REPORT YOUR STORY TO –

    [email protected]

    ~ PLEASE SHARE THIS WITH YOUR FRIENDS.

    ———————————————–

    ———- Forwarded message ———-
    From: “Elizabeth Morris”
    Date: Nov 22, 2013 10:16 AM
    Subject: Re: Mr. Tom Sullivan’s email concerning Spirit Lake
    To: “Martin, Kenneth (Indian Affairs)”
    Cc: “Thompson, Mariah (Indian Affairs)”

    Thank you for your note, Mr. Martin. I appreciate it.I hope you will also concede at some point that we are not “cherry picking.” It is time to admit the depth of what is happening on many reservations. No more playing politics with the lives of a vulnerable community – let alone vulnerable children.

    My sisters-in-law, brothers-in-law, nieces, nephews – at the very least – are worth much more than that, (if I can speak personally. It is after all, for personal reasons that my husband and I began this work in the first place.)

    But I will not stop with just our extended family. Too many people have come asking for help.

    We insist that the facts Mr. Sullivan and others have presented be acted upon.

    Thank you again for your response.

    —————

    On Fri, Nov 22, 2013 at 8:31 AM, Martin, Kenneth (Indian Affairs) wrote:
    Ms. Morris,

    Thank you for the email. I apologize as I must have misspoke, as I have no information on the issues surrounding Mr. Sullivan and did not intend to insinuate otherwise. Thank you for the opportunity to clarify.

    Kenneth Martin

    —————-

    From: Elizabeth Morris [mailto:[email protected]]
    Sent: Thursday, November 21, 2013 8:15 PM
    To: Thompson, Mariah (Indian Affairs); Martin, Kenneth (Indian Affairs)
    Subject: Mr. Tom Sullivan’s email concerning Spirit Lake
    Ms. Thompson and Mr. Martin

    Shortly after our conversation concerning Mr. Tom Sullivan of the ACF, I received this email. It appears to address some of the very issues we had discussed.

    Mr. Martin, you had suggested that a hearing would prove Mr. Sullivan had lied. I wonder if it might come to that.

    I would appreciate your comments concerning the below. Thanks –

    —————————————-

    Begin forwarded message:

    From: “Sullivan, Thomas (ACF)”
    Date: November 21, 2013 1:45:05 PM EST
    To: “Mcmullen, Marrianne (ACF)”
    Cc: “Chang, Joo Yeun (ACF)” <[email protected]>, “McCauley, Mike (ACF)” , “Greenberg, Mark (ACF)”
    Subject: Spirit Lake

    Marrianne:

    In the early evening of October 21, 2013, CNN broadcast a detailed and substantive report entitled “Sex Abuse Rampant on Indian Reservation” about the epidemic of child sexual abuse on the Spirit Lake Reservation. That broadcast ran a little more than 6 months after former Acting Assistant Secretary Sheldon’s April 15, 2013 letter to me prohibiting me, in my official capacity as Denver Regional Administrator for the Administration for Children and Families (ACF), from filing any more Mandated Reports about child sexual abuse at Spirit Lake. Since that policy applied only to me, I believed it was retaliatory and discriminatory.

    Your refusal to announce this new policy with any of the other 1500 ACF employees across this country is a clear signal to me that I have been singled out for this retaliatory and discriminatory action which, because of your silence, continues to this very day.

    Your continuing exclusion of me from any participation in efforts to address the problems at Spirit Lake is further evidence of retaliation and discrimination.

    Mr. Sheldon’s letter to me was accompanied by letters to the BIA’s Ms. Settles and US Attorney Purdon. Unlike his letter to me, his letters to them were full of high praise for their efforts in addressing the epidemic of child sexual abuse at Spirit Lake..

    Since I had no contact with Mr. Sheldon after October 11, 2012 and since at that time he had made clear his displeasure with my Mandated Reports, and since I had responded to that displeasure with extensive factual documentation of conditions at Spirit Lake, I was surprised by his letter to me. His unqualified endorsement of the efforts of Ms. Settles and Mr. Purdon was and still is shocking, lacking, as it did, any factual basis for the high praise heaped on them. This contrasted sharply with the factual detail provided in my Mandated Reports.

    Believing that Mr. Sheldon must have had some factual basis for the position detailed in his letters to Ms. Settles and Mr. Purdon, I have asked twice for those facts. None have been provided. My emails have been ignored by both you and Mr. Sheldon. I can only presume there are no facts available to justify your position.

    My sources have been complaining to Tribal, state and federal agency leadership for more than five years about conditions at Spirit Lake and the maltreatment of children there. Their complaints have been ignored and continue to be ignored. Their documentation unread and then shredded.

    I have filed 13 Mandated Reports. All have been ignored or characterized as rumors or exaggerations by Tribal, state, BIA, DOJ as well as other federal agencies. Facts and truth mean little to those charged with defending both the status quo at Spirit Lake and themselves. More importantly the safety of abused American Indian children at Spirit Lake appears to have meant even less. As a result of their misleading puffery more than 100 children remain in the full time care and custody of sexual predators available to be raped daily.

    On September 23, 2013, I sent an email to Mr. Sheldon concerning the situation with a young suicidal boy who had fled his foster home. You responded that “Marilyn Kennerson is working with the BIA and tribe to make sure all appropriate measures are being taken to assure this child’s safety.” My sources inform me that nothing has changed for this young boy.

    Claims have been made that every allegation in my Mandated Reports have been investigated. Many of my sources say otherwise because they have not been interviewed by anyone in law enforcement. This claim becomes even harder to believe when the US Attorney for North Dakota has indicted, sought a plea deal or prosecuted only one case of child sexual abuse originating on the Spirit Lake Reservation in the last 25 months. I have been told by experienced child protection workers from Spirit Lake that in a typical year there are, on average, 50 cases of child sexual abuse reported, investigated, confirmed and referred for prosecution. Why has the US Attorney prosecuted only one case of child sexual abuse from Spirit Lake in the last 25 months, a case where the actual sexual abuse occurred between 2007 – 2009. Just learned the US Attorney for North Dakota has filed one more charge of child sexual abuse in the last few days, doubling his numbers for the prior 24 months.

    Law enforcement at every level at Spirit Lake, including the FBI, BIA, Tribal police and the US Attorney have allowed the Tribal Council to determine which criminal activities will be investigated and prosecuted. For confirmation of this fact please review the last page of the Spirit Lake Tribal Council Meeting Minutes for September 27, 2013, attached for your convenience.

    The apparent unwillingness of government at any level to protect the children at Spirit Lake from abuse creates the impression there is a large, unannounced experiment being conducted at Spirit Lake to determine what harm, if any, would be done to abused children who are returned to the care of either their abusive biological parents or abusive foster parents before these parents have completed their court-ordered rehabilitation therapy. But in order for such an experiment to be conducted there would have to be a rigorous research design, with control groups, opportunities for informed consent and extensive data collection. No such safeguards are apparent but children continue to be placed with abusive adults. How strange, all we have is abused children being returned to abusive parents with none of the other elements required for a legitimate research project. Why is such experimentation on these children being tolerated?

    Certainly, no one can claim the hypothesis that abused children can be returned to their abusive homes without harm to those children has been proven. Who is responsible for attempting to prove it at Spirit Lake?

    A perfect example of this experimentation and the Tribal Council’s control of criminal investigation and prosecution at Spirit Lake is the Tribal Court order from 5 – 6 months ago returning to a biological mother her children even though she has been charged with and convicted in Tribal Court of sexual abuse of her children – she was discovered by police in bed having sex with a male friend while all her children, one of them totally naked, were in the same bed.

    The biological mom lives with her children’s grandfather. The children were recently evaluated at the Red River Advocacy Center (RRAC) and it was determined that two of the girls, ages 6 and 7, were being sexually abused by that very same grandfather. The recommendation of the RRAC was that these children were “not to be left alone with the grandfather”. There is a young teenage son in this family who attempted suicide three times before his 14th birthday. The grandfather who has never been charged or prosecuted for his criminal sexual assaults on his granddaughters is the uncle of a Tribal Council member. There is no indication that anyone from law enforcement has launched an investigation of the grandfather’s alleged sexual abuse. It is likely that Council Member would oppose any Council Motion to refer this situation for criminal investigation of his uncle.

    The father of these children has petitioned Tribal Court to assume custody. I understand his petitions have been routinely dismissed even though he is ready, able and willing to assume responsibility for his children, caring for them in a safe home. The mother of these children is an enrolled Tribal member. Their father is not.

    Conducting an assessment at this point after more than five years of complaints from my sources and after my 13 Mandated Reports seems to simply delay the desperately needed corrective action to get those 100 children to safety. As one of my sources recently wrote, “…when will the government realize we are serious about this….kids are being raped and nobody in law enforcement gives a damn”.

    Natalie Stites, an enrolled member of the Cheyenne River Sioux Tribe, and former Project Coordinator in the Attorney General’s office on the Rosebud Reservation writing in LastRealIndians.com in December, 2011 speaks words that need to be considered here, “There are thousands of Lakota, Dakota and Nakota children experiencing abuse and neglect….. Over a third of women raped today were sexually assaulted as children. Sadly all too often abused and neglected children become perpetrators themselves as adolescents and as adults……..There are many complex reasons for the conditions facing the children today: lack of compassion, colonization, epigenetics, grief, violence, the feminization of poverty, the school-to-prison pipeline, organized sexual abuse, unemployment, mental illness, addiction, racism, cultural oppression. These are the roots of our current situation…………….

    However, try explaining this to the 5 year old boy who hasn’t eaten a meal in two days, or a beaten 8 year old girl caring for an infant and a toddler like she’s the parent, or a 15 year old youth who faces and eventually joins his addicted parents and the drunken strangers they bring home to party every night. Try explaining to these children why family members, social workers, policy makers, police, courts, schools, health care providers cannot protect them, even after their own parents fail them, or abandon them, or hurt them. Who takes responsibility for this? We must.”

    When will we take responsibility?

    After your assessment? How long will that take?

    How many more months will the Tribe allow this experimentation with their children to continue?

    Have a great Thanksgiving.

    Thomas F. Sullivan
    Regional Administrator, ACF, Denver

    ———————————————-

    From: Mcmullen, Marrianne (ACF)
    Sent: Friday, November 01, 2013 6:22 AM
    To: Sullivan, Thomas (ACF)
    Cc: Chang, Joo Yeun (ACF/ACYF) (ACF); McCauley, Mike (ACF)
    Subject: Spirit Lake
    Good morning Tom: Attached and below is a memo about ACF’s work on Spirit Lake moving forward.

    Tom, as a courtesy based on your expressed interest in matters at Spirit Lake, I wanted to let you know that Children’s Bureau has been actively working with the Spirit Lake tribe on improving their child protection services.

    Currently, the National Resource Center for Child Protective Services, funded by CB, is conducting an assessment of Spirit Lake social services. As you may know, numerous assessments have been started over the past 18 months, but leadership changes have stalled and ultimately stopped these processes. Now, however, the new Tribal chair and the new social services director are moving forward with the assessment. Once this assessment is complete, it will provide a roadmap for the policies, practices, procedures and staffing levels that the Tribe needs to establish a successful agency. The Children’s Bureau will work hand-in-hand with the Tribe to follow that map and to ensure that all available resources are brought to bear for the Tribe to be successful in better protecting its children.

    I want to be clear with you that the Children’s Bureau is leading this effort for ACF and will manage work with both the Tribal leadership and the Tribal social services staff moving forward. The Children’s Bureau will also be the principal liaison with the state of North Dakota, the Bureau of Indian Affairs and the Dept. of Justice to address child protective issues at Spirit Lake.

    As the Immediate Office of the Assistant Secretary, the Children’s Bureau, and the Administration for Native Americans have worked to address concerns at Spirit Lake over the past year, it has become clear that Region 8 IORA involvement has damaged some of the most critical relationships needed for achieving progress for the children and families of Spirit Lake. It is our full intention to rebuild these relationships and move forward in a collegial and productive direction.

    Tom, I know you share ACF’s goal of establishing a strong social service system at Spirit Lake that can act quickly and effectively to protect children who may be in danger. It is my expectation that you will refer all future inquiries to the Department concerning Spirit Lake to the Children’s Bureau and respect the Bureau’s role in leading and coordinating the Department’s efforts to achieve the goal of protecting Spirit Lake’s children.

    ————————————————————

    ### END FORWARDED MESSAGE

    ————————————————————

    Received a couple days later from a friend – an attorney who has worked quite a bit with Indian law –

    Lisa: Thanks for keeping me informed. I read your previous email a few mornings ago and it has been on my mind. In short, I will say that your good heart and good faith, I fear, have blinded you to the fact–I believe it is a fact–that in general not a single institution or person that works with them involved in federal Indian Affairs will ultimately decide to place the interests of individuals above that of Tribes.

    And that is what allows so many wrongs, including to innocent children, Indian children, to continue unabated–unacknowledged and unaddressed. That and the personal self-interest of each and every one employed by the system that supports and implements federal Indian policy, from Congress on down.

    There is nothing wrong with self-interest. We all have it. But when it combines with an institutionalized policy like federal Indian policy that so powerfully supports one group goal–tribal sovereignty–above all else, this serves to allow and even justify in some people’s eyes the submergence of the individual, their rights, their property, their lives, even their children.

    The well-being, even the existence, of these, is sacrificed to the twin powers of federal Indian policy support for the preservation and expansion of tribal sovereignty and the self-interest of those involved.

    It is difficult and tragic. In my opinion – and while you know I have worked with the law of this a long time, you should recall I have not worked in the trenches, with the individuals on the personal basis you have – the only way to make real change is through the courts recognizing the full individual worth and rights, most importantly federal constitutional rights, of each and every person in the U.S. in contact with tribal power; and that those rights, and the federal constitution, therefore, provide the limit of such tribal power beyond which it cannot go.

    Without that, I think the institutions of federal Indian policy, and the individuals within them, will not help you and your allies accomplish the noble goals you have for Indian children.

    ====================

    My response –

    Elizabeth Morris
    1:04 PM (14 minutes ago)

    Thanks for your note. I appreciate your honesty.
    I appreciate it as a confirmation of what we had suspected. It is such a hard thing to fathom. So impossible to absorb and accept – that even our FBI and our US Attorney won’t stand up against the atrocities being committed.

    However – I can’t let it – even though true – stop our efforts to bring it down.

    If nothing else – the knowledge that it is indeed, true, only strengthens my resolve. I can’t let the bad guys – the bullies – win. I just can’t.

    I do want to continue working through the courts. I was encouraged by Justice Thomas’ concurrence in the June case. I haven’t given up on that avenue.

    But I can’t stand down in this effort, either.
    Thanks for your honesty – and thank you for being a good friend.

    Lisa

    ~ ~ What, then, shall we say in response to these things? If God is for us, who can be against us? Romans 8:31

    Elizabeth Sharon (Lisa) Morris
    Chairwoman
    Christian Alliance for Indian Child Welfare (CAICW)
    PO Box 253
    Hillsboro, ND 58045
    [email protected]
    http://caicw.org

    Twitter: http://twitter.com/CAICW ( @CAICW )
    Facebook:

    Aug 272015
     

    There was a comment on this site last night that most people couldn’t see.

    As our followers know, I had banned certain words and names from this site long ago – and we avoid using any child’s real name or location unless the family has chosen to publicly use their names and places. The writer last night tried to use one of the names, thus the site hid her comment.

    I pondered whether to open it up for view, as it illustrated the continuing hate and twisting of fact coming from those who demand complete control over our children. I wondered if it might be good for new people to see. What continues to amaze me is the disregard so many have for the rights of children and families to choose not to be involved with tribal governments.

    It goes over the writer’s head that tribal members themselves are filing lawsuits against ICWA because they do not want tribal government interfering in their families.

    The writer cannot seem to see or accept the rights of individuals and families. Disturbing, as that was the same mindset in 1930’s Germany, where it was honestly believed government had the absolute right to decide all matters for individuals and families – including whether they can marry a person of a different race. That government also claimed ownership over children – as is common in a tyranny. They saw children as government property – the lifeblood of the nation.

    Yes… I will make that comparison. I make that comparison because our children are being treated as less than human in matters of law. On the basis of even small amounts of heritage, our children are not allowed protection equal to that of children who have no tribal heritage.

    The lack of protection is not because they are not citizens under the law. Under the Indian Citizenship Act of 1924, tribal members are fully United States citizens. Further, it is currently argued that even non-citizens of our country have rights under the United States constitution. Whether or not that is true, it is argued that every human, no matter what their citizenship, deserves equal protection in the United States.

    But the fact is, individuals of tribal heritage are not currently afforded equal protection. Local, State and Federal officials continually refrain from ‘interfering’ with tribal government when it comes to our children, and activists for non-citizens do not speak up for the equal protection of our children.

    Why? Why do our children not deserve equal protection? Why are our children less important than children – citizens and non-citizens – who have no tribal heritage?

    The police went in to Indian Country in 2013 to retrieve one child who had media attention, but won’t go in and rescue two little girls kidnapped from their birth fathers by members of the Cheyenne River Reservation in 2014 – two little girls who haven’t gotten any real media attention.

    You won’t hear any of the people who are obsessed with the one little girl and her father stand up for the two little girls and their two fathers – because it goes against the authority of tribal government, which is apparently what these people are truly most concerned with. Our children are being treated as less than human in matters of law and protection. Their ‘best interest’ is irrelevant if in conflict with the wishes of tribal leadership.

    I make the comparison with 1930’s Germany because of three children who were handed to a woman at Cheyenne River, who was known to be extremely abusive, but wanted them because of the river money that came out last year. ICWA was used to do this. After many subsequent reports were made of her abusing those kids, they went missing. Their maternal family is still striving to get them back. Our children are being treated as less than human in matters of law and protection.

    I make the comparison because of the number of children known to have been taken from safe foster homes – only to die when placed back into situations known to be abusive. A three-year-old at Spirit Lake died within the month of her removal from a safe home, an 18-mo-old at Standing Rock died within a month, a little boy at Cheyenne River died – and the list goes on. Our children are being treated as less than human in matters of law and protection.

    I make that comparison because of the Spirit Lake tribal policeman who called to tell us what was really happening – that it was more important to protect tribal sovereignty than it is to protect children, and that is why so many things are hidden and swept under the rug. He provided us with taped conversations between himself and tribal social services. Our children are being treated as less than human in matters of law and protection.

    I make that comparison for the young girl in Arizona – now a woman – who was forced against her will by ICWA to return to the mother who had broken her nose before she was five months old – only to suffer more physical abuse until she was able to finally get away again. She now refuses to have anything to do with the reservation. Our children are being treated as less than human in matters of law and protection.

    I make that comparison for the young girl at Leech Lake – now a young woman – who tried to run away from her uncle who was raping her every night – walking in the ditches on a rainy night to avoid being seen by tribal police – only to be found and sent back due to ICWA. She eventually tried to hang herself. Our children are being treated as less than human in matters of law and protection.

    I make the comparison due to the number of stories we get of severe but ignored sexual and physical abuse that many kids are going through.
    I make the comparison because of the number of non-tribal members who are told they have no right to their own children – and who don’t have the money to find a good attorney to help them. They are simply ignored by local, state and federal officials who claim they can’t do anything about it. Our children are being treated as less than human in matters of law and protection.

    Bottom line – Congress has decided our children are not as important as tribal sovereignty. What I have mentioned here is just the tip of the iceberg.

    Many from the Cherokee Nation call us hateful for reporting all this. They think that because they don’t see it so much in their area of the world, it isn’t factually happening on many real reservations. If they are aware of what is really happening, they apparently won’t admit it. Protection of ‘tribal sovereignty’ is all that really matters.

    The obsessive pathology concerning one particular child – who is factually doing very well with her adoptive parents – and the continuing push for complete control over our children against all evidence of the harm ICWA is causing – is not only disturbing, but extremely frightening.

    This is not a game. We need our Congressmen to wake up, stand against the BIA on this issue, and factually protect our children.

    Our children are human. They are American citizens – with the unquestionable right to equal protection under the United States Constitution.