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Search Results : Tom Sullivan

Tramping for the Lord

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Mar 152014

CAICW hits the road to advocate for families in their struggle for life, liberty, and the pursuit of happiness
by Elizabeth Sharon Morris

This past October, after a loving friend kindly donated much needed maintenance for my hobbled vehicle, I loaded my car with a few essentials—laptop, camp stove and sleeping bag—and with just a few hundred dollars in pocket, headed south, not knowing exactly where God would lead or how long I’d be gone.

After more than a decade of desk advocacy, along with a few short trips to Washington, D.C., few dents in the system we’ve been fighting have been made. Worse, the stories of abuse have been increasing. If we’re going to fight this bear – it’s going to take more than we’ve been doing.

Three months earlier, I had read Corrie ten Boom’s book, “Tramp for the Lord.” Her faith following her horrific ordeal during the Holocaust was amazing. Her determination to do whatever it took to make a difference was inspiring.

I’d actually felt a need to plunge in fully for a long time. The work involved in this is overwhelming. As many know – I am usually running way behind, trying to catch up. It has been more than I’ve been able to handle while still raising kids and finding ways to pay bills. But the kids are raised now. So – I decided to step out and trust God.

While traveling, I planned to visit families CAICW’s been involved with. The first night out, I stopped to see one of Roland’s relatives in the hospital and spent the night with a niece. I was sadly reminded over the 24 hours just why Roland and I became concerned in the first place.

God is good. The needs for this work have been met in ways we never dreamed. In North Carolina – a dear old friend had a new transmission put in my car and went out of her way to help in other ways as well. I then spent six weeks in Virginia at the home of a wonderful host family and got to know the metro rail into DC pretty well.

While there, CNN broadcast a segment concerning child sexual abuse at Spirit Lake, and ACF Regional Admin Tom Sullivan released a letter admonishing his DC superiors. With these tools in hand, I visited every Senate office and several house members. We created new relationships with some staff members and learned which offices are open to help. We were able to teach various offices about issues in Indian Country – and various offices were able to teach us a few things.

One thing we learned is that having a steady presence is important. Showing up again and again with additional information helps. We also learned that while not all Congressmen are aware of what’s happening in Indian Country, it’s well known among noted agencies that Spirit Lake is a microcosm of what is happening all across Indian Country – ie: The agencies know what is happening at Spirit Lake is widespread in Indian Country. They know – but are playing political games anyway.

While there, I also continued to hear stories from one person or another of horrible things happening to children – right under the eyes of federal government officials. Feeling helpless, the thought coming to mind again and again was “This kind of thing comes out only through prayer and fasting.”

In mid-December, I returned to North Dakota for Christmas, where my kind friend again did an oil change on my car. Having been asked several times by a good friend to come out to California and spend some time praying, I decided to do it – as well as try to catch up on necessary office work before going back to DC.

I have been in California now since mid-January. I have had wonderful times of prayer, working on our database, writing, and putting together a business plan for the Roland J. Morris Sr. Ranch – a place for families to come as a unit for long term help away from drugs and alcohol. I’ve also been reading three books – “Blessing Your Spirit,” (Devotional) “Preaching in Hitler’s Shadow” (10 sermons by Pastors during the Holocaust, including Bonhoeffer) and “Fatal Link” (The epidemic of fetal alcohol in America, in particular within many reservation communities).

In California, two handsome men spent days and nights in their garage, donating tons more needed maintenance on my vehicle. I’ll be leaving California with practically a new car at the beginning of March. While traveling back to DC, I will stop to see families along the way as well as look at potential properties for the RJM Ranch. I plan to be back in DC in late April. There are many things I’ll write about along the way – posting to our blog page at caicw.org.

I urge you, family and friends, to share this information and encourage others to join in the ongoing struggle. The struggle and battle is so much larger than Roland and I even imagined when we embarked on this mission many years ago. But God is good and amazing things are happening. Please join us.

Thursday, November 21, 2013, in DC –

I had a discouraging meeting that morning. A senior staffer in Indian Affairs office was calling Tom Sullivan a liar. I think he thought maybe I didn’t know one way or the other – like I had just picked up Sullivan’s reports and decided to use them. He told me Tom no longer worked at that job. I told him, “Yes he does.”

The staffer then said it wasn’t true anyone forbade Tom write any more reports concerning the child abuse. I told him, “I heard it from Mr. Sullivan’s voice to my ear.” Then he said something about how a hearing would prove it isn’t true. I didn’t respond, but wanted to tell him, “Bring it on.”

They ended the meeting with the predictable, “Thank you for the information. We will keep it in consideration.”
After the meeting, I sat in the atrium of the Hart building, discouraged, and thought about what a huge monster this was. Those two people are high up in Indian Affairs and probably reflect exactly what the bulk of the committee really thinks.

If it weren’t for knowing how much God has been helping us – and how God made it amazingly possible for us to be in DC – I would have felt like giving up.

But I didn’t.

Two hours later, I received an email forwarded from Betty Jo. It was from Tom Sullivan to his superiors in DC – written within the hour. Interestingly, it addressed all points of contention in my morning meeting. With a lot of pleasure, I forwarded it to the cynical staffers at Indian Affairs. As far as I can help, our children will NOT be treated as collateral damage in DC’s ongoing political games.

Spirit Lake

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Mar 132014

February 2013, CAICW attended a Spirit Lake town hall meeting where one member after another stood up to tell the panel of tribal and federal officials tragic stories of how they tried to get the tribal police, BIA and U.S Attorney to help. But criminals continue to roam unchallenged. As tribal members told of continuing abuse of children, officials claimed everything that can be done has been done. “Investigations take time” U.S. Attorney Tim Purdon said over and over.

Tom Sullivan, Regional Administrator of the Administration of Children and Families in Denver, had written report after report to DC detailing the abuse and number of children who’d been removed from safe homes off reservation and placed into dangerous homes – even homes of sexual offenders – at Spirit Lake. At the town hall meeting, Purdon claimed Tom Sullivan “misrepresented the facts.

Yet, while Spirit Lake was under oversight of the BIA, FBI, and Purdon in 2012 and 2013:
• An elder witnessed two young boys doing something unspeakable on her lawn, but despite her many attempts to report it – it was ignored by tribal & federal authorities. The boys are related to a councilman.
• 3-year-old Laurynn Whiteshield was placed in a relative’s home where she was beaten to death in June, 2013.
• Roland Morris’s grandson was shot and left for dead at Spirit Lake in July 2013. No one has been charged, though it is common knowledge he was shot over drugs by relatives who are part of a Minneapolis gang.
In Tom Sullivan’s 12th Mandated Report to the ACF office in DC, February 2013, (http://caicw.org/wp-content/uploads/Twelth-Mandated-Report-Concerning-Suspected-Child-Abuse-on-the-Spirit-Lake-Reservation.htm). he stated:

“In these 8 months I have filed detailed reports concerning all of the following:
– The almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders… These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.
– The 45 children who were placed, at the direction of Tribal Social Services (TSS), BIA social workers, BIA supervised TSS social workers and the BIA funded Tribal Court, in homes where parents were addicted to drugs and/or where they had been credibly accused of abuse or neglect…
“…Those adults remain protected by the law enforcement which by its inaction is encouraging the predators to keep on hunting for and raping children at Spirit Lake.

Omnibus Bill Mandates BIA answer to Congress about Child Abuse

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Jan 222014

THANK YOU, BETTY JO KRENZ & TOM SULLIVAN –

The omnibus bill that was just recently passed and signed by Obama includes language mandating the BIA to “report to the House and Senate Committees of jurisdiction on the progress of its efforts and the adequacy of child placement and judicial review by the tribe and the Bureau. The Secretary [of Interior?] is expected to take all necessary steps to ensure that children at the Spirit Lake Reservation are placed in safe and secure homes.”

Thanks to Betty Jo Krenz, Tom Sullivan, and the others they’ve worked with for having gotten this ship launched. Without them, the atrocities at Spirit Lake would be still just as hidden and ignored as they are on most other reservations.

We are VERY grateful for this omnibus language – but also recognize that it is two sentences in a 286 page appropriations bill. It is our job now to press in and monitor the process, ensuring that these two sentences don’t just fall by the wayside or that mere fluff is offered up and called, “enough.”

We need to encourage our varied friends and relatives to call their respective Congressmen and remind them not only how important is it to protect these kids – but how these issues are much wider spread than just Spirit Lake.

I am working on the newsletter and the blog. I am slow – but we are going to do this. 2014 is going to be a GREAT year for human rights in Indian Country. Thank you for all of you who have been so steadfast in praying the work through!

New Documents from Federal Officials Reveal Apathy for Abused Kids on Indian Reservations

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Dec 032013

Corruption at the U.S. Capitol, Washington, DC

In October, CNN did a segment called “Sexual abuse rampant on Indian Reservation.” Questions were raised as to how and why our federal government could be turning its back on children on reservations across the country. Tom Sullivan, Regional Administrator for the federal ACF, had been telling his superiors about the horrific handling of children for over a year. We now have documents between Tom Sullivan and his superiors.

Had the ACF listened to him and done its job, toddler Lauryn Whiteshield would be alive right now.

Our children have been viewed as collateral damage in DC’s ongoing political games for far too long.

An email from Tom Sullivan to his superiors is below. More documents to follow.

—————————————————-

Congressman Issa,

Thursday morning, Mr. Kenneth Martin, senior aide to Senator Cantwell, Chair of the Indian Affairs Committee, made several disparaging remarks concerning ACF Regional Administrator, Thomas Sullivan and suggested a hearing would reveal lies.

What Mr. Sullivan had been pointing out in a series of mandated reports is that the ACF, BIA, FBI and US attorney have not been doing their jobs on the Spirit Lake Reservation. In fact, what many Spirit Lake tribal members have been saying is that our federal government is allowing tragedy to occur despite the pleas of people living there.

We want that hearing Mr. Martin suggested. We need our government to investigate Mr. Sullivan’s claims – and we need our government to investigate similar situations on other reservations.

Read the emails:

———- Forwarded message ———-

Lauryn Whiteshield, July 19, 2010 – June 13, 2013

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:administrator@caicw.org]
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)” , “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

3-year old Laurynn was murdered – Yet Fed & State Officials Refuse Meeting

1 Response »

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

The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act

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Oct 212019

The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act - https://digitalcommons.liberty.edu/masters/591/

By Elizabeth S. Morris

A Thesis Submitted to the Faculty of the Helms School of Government in Candidacy for the Degree of Master of Arts in Public Policy

https://digitalcommons.liberty.edu/masters/591

‘Although the ICWA has some statutory safeguards to prevent misuse, numerous families continue to be hurt by the law.’

Preface

My husband and I began our lives together in a symbiotic alcoholic-enabler relationship in the late 70’s. With our family on the edge of self-destruction in 1987, my husband, an enrolled member of the Minnesota Chippewa Tribe, born and raised on the Leech Lake reservation, had a transformational experience which changed his worldview and led him to take our family in a new direction.

Having watched many of his relatives suffer within the reservation system, he began to see reservation violence and crime as an outcome of current federal Indian policy more than it was about past policy. This led us to forming an advocacy in the late 90’s for families hurt by federal Indian policy. We did our best to share hope and life, as inadequate as we were, by assisting extended family in our home, neighbors in our community, and strangers across the nation. We never did it for money; there was never any money. Everything we did came from passion for the lives of our children, nieces and nephews, and extended communities.

Unfortunately, reservation crime, corruption, drug abuse and violence have continued to increase over the years. My husband has since passed away and I am a widow, continuing the work we had begun in 1996.

This thesis compiles some of the documented history, philosophy, and consequences of federal Indian policy. It also includes a preliminary quantitative causal comparative survey with 1351 participants – 551 of whom identify tribal heritage – and explores the relationship between differences.

We serve a powerful God with whom all things are possible. Our job is to serve in the capacity He has given us, even if we do not understand why, and then enjoy watching what He does next.

Abstract

This paper will examine the philosophical underpinnings of current federal Indian policy and its physical, emotional, and economic consequences on individuals and communities.

The U.S. Civil Rights Commission found in 1990 that “[T]he Government of the United States has failed to provide civil rights protection for Native Americans living on reservations” (W. B. Allen 1990, 2). As Regan (2014) observes, individuals have been denied full title to their property – and thus use of the property as leverage to improve their economic condition (Regan 2014). Tribal executive and judicial branches have been accused of illegal search and seizures, denial of right to counsel or jury, ex parte hearings and violations of due process and equal protection (W. B. Allen 1990, 3). Violence, criminal activity, child abuse and trafficking are rampant on many reservations (DOJ 2018). Largely because of crime and corruption, many have left the reservation system. The last two U.S. censuses’ report 75% of tribal members do not live in Indian Country (US Census Bureau 2010).

Research suggests current federal Indian policy and the reservation system are built on philosophies destructive to the physical, emotional and economic health of individual tribal members. This paper contends that allowing property rights for individual tribal members, enforcing rule of law within reservation systems, supporting law enforcement, and upholding full constitutional rights and protections of all citizens would secure the lives, liberties and properties of affected individuals and families.

Introduction

For almost 200 years the U.S. federal government has claimed wardship over members of federally recognized Indian tribes. Yet, despite the nineteenth century U.S. federal court rulings that propagated this view, disagreement continues as to whether tribes located within the United States are sovereign, whether Congress has plenary power over them, and whether individual tribal members have U.S. Constitutional rights:

Some say the nineteenth century U.S. Supreme Court cases known as the ‘Marshall Trilogy’ contradict tribal sovereignty. Others say they uphold it.
Some say treaties promise a permanent trust relationship. Others point out that most treaties have clearly specified final payments of federal funds and benefits and were written and signed with clear intent for gradual assimilation.
Some say the Constitution never gave Congress anything more than the power to regulate trade with tribes. Others claim the Constitution not only gave Congress total and exclusive plenary power to decide every aspect of life in Indian Country – but by unstated extension, gave the executive branch this power as well.
Some argue that the Constitution never had authority over tribes or tribal members. Others cite the Constitution when seeking judicial redress.
Some tribal officials argue that international law should not have been forced upon non-European cultures that had no say in it. Others point to natural law and international law – the grounds for treaties between nations – as basis for uninterrupted tribal sovereignty.

Inherent, retained tribal sovereignty was reality for tribal governments prior to the formation of the United States and in the immediate years following its birth, but is not reflected in case law from the 1800s and much of the 1900s. By the time of Andrew Jackson, the United States had taken a position of control. Further, over the last two centuries, the vast majority of tribal leaders accepted large payments for land, accepted federal trust benefits, and submitted to federal government’s de facto power over them.

Throughout history and every heritage, various men have coveted power over others. Today, tribal governments, while accepting and playing into Congress’ claim of plenary power, have themselves, also, claimed exclusive jurisdiction and authority over unwilling citizens. Tribal governments regularly lobby and petition both Congress and the White House to codify tribal jurisdiction over the lives, liberty and property of everyone within reservation boundaries as well as some outside reservation boundaries. While claiming exclusive jurisdiction, tribal governments have requested and given blessing for the federal government to manage children of tribal heritage – asking Congress to write the Indian Child Welfare Act and the executive branch to write federal rules governing the placement of every enrollable child in need of care. Some tribal governments and supportive entities have gone further – asking even governors and state legislators to expand on and strengthen control over children with heritage.

Often cited as justification for the ICWA is a 1998 pilot study by Carol Locust, a training director at the Native American Research and Training Center at the University of Arizona College of Medicine. Locust’s study is said to have shown that “every Indian child placed in a non-Indian home for either foster care or adoption is placed at great risk of long-term psychological damage as an adult” (Locust, Split Feather Study 1998). Referring to the condition as the “Split-feather Syndrome,” Locust claims to have identified “unique factors of Indian children placed in non-Indian homes that created damaging effects” (Locust, Split Feather Study 1998). The Minnesota Department of Human Services noted “an astonishing 19 out of 20 Native adult adoptees showed signs of “Split-feather syndrome” during Locust’s limited study (DHS 2005).

“Unfortunately,” according to Bonnie Cleaveland, PhD ABPP, “the study was implemented so poorly that we cannot draw conclusions from it.” Only twenty adoptees with tribal heritage – total – were interviewed. All were removed from their biological families and placed with non-native families. There were no control groups to address other variables. According to Cleaveland:

Locust asserts that out-of-culture removal causes substance abuse and psychiatric problems. However, she uses no control group. She doesn’t acknowledge the high rates of trauma, psychiatric and substance abuse among AI/AN people who remain in their culture and among the population of foster children. These high rates of psychosocial problems could easily account for all of the symptoms Locust found in her subjects
(Cleaveland 2015).

Cleaveland concluded, “Sadly, because many judges and attorneys, and even some caseworkers and other professionals, are not familiar with the research, results that may be very wrong are leading to the wrong outcomes for children” (Cleaveland 2015). While supporters of ICWA cite “Split-feather Syndrome” as proof the ICWA is in the best interest of children, many children have been hurt by application of the law.

Questions that need more extensive study include whether children who were adopted into non-Indian families as children show greater problems with self-identity, self-esteem, and inter-personal relationships than do their peers. Are the ties between children who have tribal heritage and their birth families and culture stronger than that of their peers, no matter the age at adoption? Other considerations include whether all tribal members support federal policies that mandate their cases be heard only in tribal courts and whether a percentage of persons of tribal heritage believe federal Indian policy infringes on their life, liberty and property.

The central concern of this paper is how current federal Indian policy has affected the lives, liberty and property of those who have tribal heritage – most specifically the Indian Child Welfare Act. Through research of the historical foundations of federal Indian policy and a nation-wide comparative survey of family dynamics, this paper will attempt to answer these and other questions.

READ FULL TEXT – https://digitalcommons.liberty.edu/masters/591

Citation

Morris, Elizabeth S. The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act. Master Thesis, Helms School of Government, Liberty University, Lynchburg: Digital Commons, 2019, 337.

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Revealing CAICW’s Sinister Hidden Agenda –

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Sep 142013

I was interviewed this week by an AP reporter. Wishing to avoid a repeat of the disingenuous interview I had two weeks earlier with the reporter from “Religion” News Service, who did NOT report who did NOT report things as they were actually said, I asked the AP reporter if she wouldn’t mind writing questions down for me. I told her that I could then either simply write out my answers (ensuring accuracy for both of us) or talk on the phone.

This are my responses to her six questions:

1. Can you talk about the founding of the Christian Alliance for Indian Child Welfare. Why did you and your husband want to start the organization?

This was all explained to the reporter, Angela Aleiss of Religion News Service, as well. None of it was important enough to include in her article. As you have spent time reporting on things in the Dakotas, I am praying you will be able to see his heart a little easier than this reporter from Los Angeles was able to.

My husband was a man of 100% Minnesota Chippewa heritage. He grew up on the Leech Lake Reservation in the 1950′s. He didn’t speak English until he was 5 years old and began kindergarten. His fondest memories were of “ricing season” – the time in the early fall when the wild rice was ripe on the lake and the community would pitch tents down there and spend a couple weeks “ricing” the traditional way. He said it was like the Christmas Holiday is for us.

We had five children together and raised four of his relatives’ children as well. They were placed with us through ICWA – their parents were addicted to crack. So that was nine kids total. (not a total of 13 as stated by the other reporter) When the four came to stay with us, they were all very young. The youngest was only a year old. I had 8 kids under the age of 8 at the time (and one 12-year-old)

It was, as you can imagine, very difficult. I raised all of the kids to the age of 18 (although one was in therapeutic care for a couple years). I kept the four even through my husband’s terminal illness. You see, he was very afraid of turning them back to the tribe – even though we were struggling very hard to raise them all. He had seen too many very bad things happen to children in his family. He knew what his extended family was capable of doing to children. We knew of physical abuse, emotional abuse, neglect. I was at the funeral of a 2-yr-old who was beaten to death. I chased a drunk off of a 10-yr-old girl. He didn’t know I was on the bed when he pushed her onto my legs, trying to take her pants off. And there is so much more.

The other reporter, despite being told this, chose to make the story about me and MY motivation for getting involved.

As a man of 100% heritage – my husband had made the decision to raise his kids elsewhere, off the reservation, because of the danger and corruption going on at Leech Lake.

The fact is – he isn’t alone. 75% of tribal members, (according to the last two U.S. censuses) do NOT live on the reservation. Many have left for the same reason he did (not all have left for the same reasons – but many)

Because of his fear of his children ever being raised on the reservation, he feared what would happen if we both died. He had also become a Christian and had led me to the Lord. This can be confirmed by his cousins as well as many others who were around at the time. He was determined to raise his children Christian and so wanted me to be a Christian as well. He did not want t

Roland and Senator Conrad Burns, 1997; Click for link to his 1998 Senate Testimony

he tribe to move the kids to the reservation or place them with relatives. If he died, he wanted one of our Christian friends to finish raising our kids.

So – it is for all these reasons that he disliked the Indian Child Welfare Act and began to speak out against it. This was in the 1990′s. We made a website – and as we wrote about the law, people across the country began to contact him.

You see, at the time, when you would google ICWA – all you would get is all the sites that supported ICWA. Ours was the only one that didn’t. So people began to contact us and ask for help. Tribal members and non-members. Birth parents, foster parents, and adoptive parents.

Their stories broke our hearts. Lots of abuse of children – by tribal

governments. But we were just two parents, no different than them. Roland continued to speak up though, and had opportunity to give testimony to the Senate Committee, among other opportunities.

In February 2004, we founded the Christian Alliance for Indian Child Welfare so we could help other families better. It has been a blessing every time we have been able to help someone – because we are small and simply do the best we can. We give all credit to God for whatever we are able to do.

When Melanie Capobianco first contacted us in July of 2011, we did our best to help her as well. I have found her to be a very sweet, kind, thoughtful, woman. She has been able to back up everything she has said with documentation. As the Supreme Court of the United States noted, the ICWA should NOT have been used to prevent this adoption. According to Oklahoma law, there is only 90 days after birth in which a father can show his interest in paternity. If he does not do this, he loses his right to object to an adoption. He is not considered a legal parent.

Mr. Brown exceeded that. He also exceeded the limits under South Carolina law. He admitted in the first family court – documented on the court record for all to see – that he did not, in truth, make any attempt to contact, inquire about, or provide for this baby in any way, shape or form. By the laws of both states, he had lost his right to object to an adoption. In the meantime, Matt Capobianco was there at the birth and cut the cord. THAT is the fact that the states (and SCOTUS) have been ruling on.

2. What, in your opinion, are the problems with ICWA? Why is it harmful?

We are told time and again that the Indian Child Welfare Act (ICWA) isn’t about race or percentages, but about preserving a dying culture.

There is much benefit in enjoying ones heritage and culture.

Everyone of us has a historical heritage. Some hold great value to it and want to live the traditional culture (to a certain extent. Few try to REALLY live traditional), others only want to dabble for fun – but others aren’t interested at all.

My children have the option of enjoying Ojibwe traditional, German Jewish, Irish Catholic, and Scottish Protestant heritage. We told them as they were growing up that each one of their heritages are interesting and valuable. (While at the same time making it clear that Jesus is the only way, truth and life.)

Most of us whose families have been in America for more than a couple generations are multi-heritage. Even most tribal members are multi-heritage. All individuals have a right to choose which heritage they want to identify with. If one of my children were to choose to identify with his or her Irish heritage, it would be racist for anyone – even a Congressman – to say that their tribal heritage was more important.

There are times to speak softly, and other times when people and situations need to be firmly set right. This is a time for firmness. For those who think I don’t have a right to speak because I am not “native,” think again. As long as they are claiming multi-heritage children, I have a right to and WILL speak. They are claiming jurisdiction over MY children and grandchildren.

Reality Check: It is up to families and their ethnic communities to preserve traditional culture amongst themselves if they value it. That is the same no matter what heritage is the question. Many groups do this by living or working in close proximity – such as in Chinatown, or Dearborn, Michigan – or any of the ethnic neighborhoods within large cities. It is a very normal thing for humans to do.

But no other community has asked the federal government to enforce cultural compliance to that community. The federal government has NO right to be forcing a heritage or culture onto an individual or family. Contrary to what Congress assumed, my children are NOT the tribal government’s children – nor are they “commerce” under the “Commerce Clause” the ICWA was based on.

To those who constantly parrot that “white people” are “stealing” THEIR children, Wrong: TRIBAL GOVERNMENTS are currently stealing OUR birth children.

I am NOT comfortable phrasing it that way IN THE LEAST. I try to avoid talking about race in ways that give it any kind of validity. Tribal governments and the BIA, although claiming to the contrary, are the ones making “race” an issue.

There is no gene in our DNA for “race” according to the Genome Project. All there is are genes from familial traits such as color of hair and shape of cheekbones, etc. In fact, the Genome Project has traced all DNA back to one singular family.
Those ‘DNA tests’ for ‘race’ don’t actually test for race. They test for the genes that show up primarily within a people group – in actuality a “family” gene – and the location of that people group is mapped. The assumption is then made that this is a “racial marker.”
There is NO inherent gene in persons of Native American descent that will cause them to have “Split Feather” if not raised within Indian Country. “Specialists” in “Split Feather” simply blame any mental health issue that comes up on this fictitious malady. The “studies” on “Split Feather” have serious flaws – i.e: taking a small sample of children, some of whom have alcohol related birth defects, who had been abused and neglected by birth parents and then placed in Caucasian foster homes – and blaming ALL later emotional difficulties on the fact that they were in Caucasian homes without any real regard for the precipitating issues.
My husband and I did not make race an issue in our multi-heritage home. Although we recognized the treasure in all heritages, we chose to make Jesus the bigger and better focus.

Those who accuse us of genocide for demanding that tribal government keep their hands off our kids need to get something straight. They are free to raise their children in the manner they see best. They are NOT free to raise MY children in the manner they see best – nor are they free to do so with the thousands of families across the United States who feel the same way that we do.

Targeting other people’s kids to bolster membership rolls might be easier than doing the work necessary to keep one’s own children within the reservation community – but that isn’t something we are standing for anymore.

Reality Check: 75% of tribal members, according to the last two U.S. Census’, do NOT live in Indian Country. Some continue to value the reservation system and culture, but by the admission of tribal leaders who bemoan the loss of tradition – MOST do not. Individual tribal members are making private and personal choices. To continue blaming it on “white” people is disingenuous.

Personal experience: While taking Ojibwe language classes for a year to learn more about my husband’s culture – I attempted to encourage our household to speak it more. Boy, was I in for a surprise. My husband who spoke it fluently from birth, wasn’t interested in having the kids learn it. His teenage nephews, who I was raising at the time, weren’t the least bit interested in learning it. And you know what? THAT was their choice! My husband was a man – my nephews were free individuals. No one has a right to force them to conform to what tribal government thinks is best.

If people are leaving Indian Country and turning their backs on culture and the reservation system – that is something Tribal governments are going to have to look inward to resolve.

Reality Check: Tribal members are individuals with their own hearts and minds – not robots ready to be programmed by the dogma spewed in “Indian Country Today.” Further, they are U.S. Citizens – and many, despite the rhetoric of a few – value being U.S. citizens.

If people are turning their back on traditional Indian culture and embracing American culture — that’s no different than what happens with any heritage in close proximity to other heritages. It’s been a reality to civilizations forever. China tried to prevent it for centuries. North Korea is trying it today. But to keep things forever the same – a government has to suppress the rights of the populace – many times with cruelty. However, no dictatorship has been able to keep it up forever.

Those yelling and screaming about it being the fault of “white” people who adopted babies and the fault of boarding schools from 50 years ago and the fault of everyone else – need to wake up. Free-thinking individuals have been taking their kids and leaving the reservation system in droves for decades. It is no one’s fault. It is life. It’s probably even the REAL reason ICWA was enacted. (Blaming the exodus on “White” adoptive homes just sounded better – there was more of a hook in it than “our people are simply taking their kids and leaving.”)

Reality Check: Stealing babies won’t solve the problem because many of them will grow up and leave as well.

Extending membership criteria to match that of the Cherokee Nation – as 60 tribal governments are currently considering doing – won’t solve the problem either. It is only going to further open the eyes of the rest of America, and further anger those of us who do not want oppressive and predatory tribal govt touching our children, grandchildren, or great-great grandchildren.

Tribal leaders can NOT force other families to submit to their value system. That is why ICWA is totally unconstitutional. They are attempting to force many people of heritage to preserve something they have personally decided isn’t of value to them.

Now – I realize that tribal governments will turn that statement around and make it about ME – claiming I am out destroy tribal culture and commit Genocide and again totally ignore the fact that tribal members themselves are fleeing Indian Country.

Nope. I said you can’t force tribal members who are not interested in preserving the culture to submit to the demands of the few who DO want to preserve it. You are forcing your values down the throats of people who have decided to live differently and have chosen to raise their children differently.

Example. I have a niece that is 50% Native American, 50% African American, who has decided to be Muslim and raise her children Muslim.

That isn’t me doing it. She knows her Uncle wanted her to know Jesus. That is an individual making her own decision – no matter how her uncle would feel about it – or how tribal Government feels about it.

3. Some people are surprised that your husband, who was Native American, spoke out about his displeasure with the Act. Why was that?

Just why would a family decide that reservation life is not what they choose for their family? The reasons are many.

What cannot be denied is that a large number of Native Americans are dying from alcoholism, drug abuse, suicide and violence. Further, scores of children are suffering emotional, physical and sexual abuse as a result – and the Indian Child Welfare Act is trapping more and more children into this unacceptable system.

While many tribal governments continue to fund congressional candidates who promise to increase tribal sovereignty, the voices of the children who are at the mercy of corrupt government continue to go unheard. The truth is that some tribal governments are not protecting the children in their “custody.” Instead, they are gathering children where they can because federal funding allocations are based on the U.S. census and tribal rolls.

Our book, Dying in Indian Country, tells exactly why Roland felt the way he did about ICWA and about tribal sovereignty in general. It provides a real glimpse into some of the unacceptable conditions his family has lived in – and I am not referring to poverty. We have been very comfortable with poverty. Living low income isn’t a bad thing. But violence, child abuse and child neglect is. ‘Dying in Indian Country’ tells the story of our family – which after years of alcoholism and pain, comes to realize that corrupt tribal government, dishonest Federal Indian Policy, welfare policy, and the controlling reservation system has more to do with the current despair than the tragedies that occurred 150 years ago.

“Dying in Indian Country is a compassionate and honest portrayal… I highly recommend it to you.” Reed Elley, former Member of Parliament, Canada; Chief Critic for Indian Affairs in 2000, Baptist Pastor, Father of four Native and Métis children

“He was a magnificent warrior who put himself on the line for the good of all…I can think of no one at this time, in this dark period of Indian history, who is able to speak as Roland has.” Arlene,Tribal Member

“…truly gripping, with a good pace.” Dr. William B. Allen, -Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights (1989)

4. Can you give some examples of how ICWA has, in your opinion, caused problems for individuals or families?

– This 3-year-old was beaten to death in June, three months ago, after having been taken screaming from the safe, loving home she had been in Bismarck –

http://caicw.org/2013/06/21/a-child-dies-and-dozens-more-remain-in-abusive-homes-ignored-by-the-bia/

Washiington DC, February 2013

– Sierra came with us to DC in February, 2013 and told her story to Congressional offices – how she was taken from the only home she loved (albeit Caucasian) and placed with an uncle who she was forced to sleep with at the age of 10. She begged to be allowed to go “home” to the people who wanted to adopt her. They would not let her go – until she was 16 and they cut her down from a rope when she tried to hang herself.

http://www.startribune.com/local/190953261.html?refer=y

– A birth mom stands up for herself:

http://www.xojane.com/issues/my-uterus-will-not-be-used-to-fill-your-tribal-rolls-i-fought-the-icwa-and-won?utm_medium=facebook

– An official report from Thomas Sullivan, Regional Director of the ACF, Denver office, concerning the abuse at Spirit Lake. There is a link to his 12^th report as well.

http://caicw.org/2013/04/05/13th-mandated-report-re-spirit-lake-child-abuse/

Removed from Hispanic grandparents home due to ICWA, he was beaten at maternal grandmothers home for speaking Spanish.

– This family wrote to us recently and asked me to post their story –

http://caicw.org/2013/09/08/like-veronica-this-child-is-hurt-by-icwa/

– Rebuttal to the NPR series:

http://caicw.org/2011/11/21/rebuttal-to-nprs-icwa-series-from-the-mother-of-enrolled-children/

– Other evidence of harm:

http://www.nytimes.com/2013/01/27/us/focus-on-heritage-hinders-foster-care-for-indians.html?_r=2&

– Two years ago – I had the letters from various families arranged much better on our website. Some people decided to help me with it and it’s not quite as I like it anymore… I still have to find time to arrange it my way again… But this is a link to many stories… http://caicw.org/family-advocacy/letters-from-families-2/

There are many, many more. I think its’ been a good two years since I have been able to put newer letters up.

5. How has the Baby Veronica case shed light on ICWA?

Some wonder why Capobianco supporters don’t side with a father whose child is being taken from him. Some have even questioned the authenticity of Christians who would support the Capobiancos. (Forgetting that even Jesus was raised by an adoptive father.)

One must understand that many Capobianco supporters have been there since the day they first saw, either in person or on video, the horror of not only having one’s child taken, but –

1) taken without the benefit of a caring transition, and –

2) taken solely due to 1% heritage, (as the father’s admitted abandonment of the child would have prevailed otherwise.)

Matt, Melanie & Veronica Capobianco

Just 1.12% heritage.

Since then, the Cherokee Nation has put on a show, shaking signs that claim “genocide” and claiming that “white people” are stealing “Indian” babies.

1.12% heritage.

If a C supporter brings up the 1% heritage, their statement is twisted and they are accused of racism – despite that it was the Cherokee Nation that brought the 1% into issue.

1.12% heritage.

As much as the Cherokee Nation, ‘Indian Country Today’, NICWA, NARF, and others want to spin it as a “citizen” issue – it is not spinning. Very few people – including many tribal members in Oklahoma and elsewhere – are falling for the “citizen” claim – especially when “citizenship” is being forced on children.

At 1.12% heritage.

Ardent supporters of the Cherokee Nation, either purposefully spinning for PR or snowed by their own rhetoric, fail to see how disgusted many others are by the claim that “white people” are stealing “Indian” babies.. Many Americans can see that claim for the dishonesty it is – but few have wanted to speak it. While it is okay for a tribal entity to speak in terms of race and percentages, it is deemed “racist” for anyone else to. But I will say what is on the hearts of many. This was no Indian Child being stolen by “White” people.

It was a Caucasian/Hispanic child, stolen by a tribe.

That is the bottom line.

As the Cherokee Nation continues to encourage and assist Mr. Brown in defying state and federal law, it is an overtly obvious fact. And that is why the Cherokee Nation and tribal governments in general aren’t getting the traction on their genocide spin (outside of ‘Indian Country Today’) that they somehow thought they would.

When you are talking about OUR children – which this child was – NOT an Indian child – you should expect hostility when trying to claim that child as the Tribe’s.

AND if 60 more tribal governments attempt to lower their membership criteria – as 60 are talking about doing – to CN levels and begin to target children of minute heritage – as the Cherokee Tribe has – they should not expect to get sympathy. They should expect a strong push back.

They should expect push back because now, due to the Veronica horror – a whole lot of Americans who would have otherwise remained oblivious to the issue, have woken up to what is happening and are outraged by the ICWA stories they are hearing. Many now want ICWA to be repealed.

Americans’ are not buying the rhetoric that tribal governments should have jurisdiction over children of 1% heritage. It is hard enough to justify ICWA jurisdiction over a child who is 25% tribal heritage – as the child is still 75% another heritage. Even children of a parent who is 100% – such as my own – have a right to be free from tribal government jurisdiction. Even individuals of 100% heritage have a right to be free of tribal government interference in their lives and families – if that is what they choose.

So do we feel angry? Yup.

Is there a Christian purpose and righteousness in that anger? Absolutely.

– “And they were bringing children to him that he might touch them, and the disciples rebuked them. But when Jesus saw it, he was indignant and said to them, “Let the children come to me; do not hinder them, for to such belongs the kingdom of God. Truly, I say to you, whoever does not receive the kingdom of God like a child shall not enter it.” And he took them in his arms and blessed them, laying his hands on them.” (Mark 10:13-16 ESV)

Having raised nine tribal members, five of whom are my birth children, and seen much tragedy, child abuse, sexual abuse, suicide, and other horrors on more than a few reservations – and having an advisory board and membership of parents who have raised, adopted and witnessed the same – we know far too much about tribal governments seeking children for the federal dollars, then showing little or no interest in what happens to them once they have been “retrieved” for the tribe and placed with a member. We won’t be bullied or intimidated.

We have known of far too many kids abused in ICWA homes, and some even murdered.

(Don’t even try to argue that point with me; I had been an ICWA approved home myself for 17 years. I know how little the tribal social services paid attention.)

So, concerning this particular case, in summary – for those who are flabbergasted that we would not be supporting the father – understand this: from the get-go,

1) Mr. Brown has been seen as an extremely selfish man.

2) The Cherokee Nation has been seen as an extremely selfish organization – using this child as a political pawn.

What appalls us is that not only were Mr. Brown and the Cherokee Nation willing to hurt this child deeply the first time a transfer took place – by taking her without any concern for her need of a transition – but even worse, Mr. Brown and the Cherokee Nation are now willing to do it to her a 2nd time.

How in the world are we expected to sympathize with people who do that?

– http://caicw.org/2013/09/01/taking-veronica-from-a-loving-father/

6. Anything else you’d like to add?

Mr. James Anaya, the United Nations Special Rapporteur on the rights of indigenous peoples,urges “relevant authorities” to maintain Veronica’s “cultural identity” and “maintain relations with her indigenous family and people.” The fact is that Veronica’s family is primarily of European descent and that is therefore much more of her “cultural identity” then her 1% Cherokee ancestry.

If Mr. Anaya really cared about Veronica’s rights – he would advocate for her right to be an individual with freedom to choose her own identity. But he doesn’t honestly care about Veronica’s rights. He cares only for tribal sovereignty and the “right” of government to subjugate people.

In a press release, Mr Anaya stated,

“Veronica’s human rights as a child and as member of the Cherokee Nation, an indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing,” Mr. Anaya stressed. “The individual and collective rights of all indigenous children, their families and indigenous peoples must be protected throughout the United States.”

Never mind the “individual and collective rights of all United States citizens.” Never mind the children’s families and equally important heritage.

This is racism at its worst – regardless of the spin about it being about citizenship and political affiliation. Those are just fluff terms to gloss over the racial discrimination evident every time a supporter of tribal sovereignty states that “White people” are stealing tribal children, or that “White people” are guilty of genocide every time they adopt.

The claim that “White people” can’t possibly raise a “Native American Child” is especially offensive – in that most enrollable children are multi-heritage, primarily Caucasian.

Wake up people – hundreds of thousands of “Native American Children” have been and are currently being raised successfully by their own “White” birth parents.

If I can successfully raise my own birth children – so can my sister and my best friend.

You are absolutely right that this is about politics, not “race,” Mr. Arayo. If I had to choose between a friend (no matter the heritage) and someone with your political bias to adopt and raise my children – you lose.

We are not interested in honoring the racial prejudice of the Indian Industry supporters. A stranger from my conservative Church community (no matter the heritage) is preferable to a stranger beholden to Tribal government.

Keep politically biased, predatory, self-serving and profiting hands off of our kids. Period.

LASTLY – re: All the belly-aching about how “Un-Christian” we are being:

If certain groups want to believe it is “Un- Christian” to side with individuals, families, and human rights over horrific Government oppression – than so be it. I am tired of hearing the accusation that we aren’t being “real” Christians.

Are they suggesting that Jesus threw money-changers out of the temple and called Pharisees “Dogs” because he was timid and didn’t want to offend anyone?

Or that he was hung from the cross because everyone loved hearing what he had to say?

No, actually, this is what being Christian is about:

Ps. 82:3-4 (Psalmist to the kings) ”Defend the cause of the weak and fatherless; maintain the rights of the poor and oppressed. Rescue the week and needy; deliver them from the hand of the wicked.

Prov. 29:7 “The righteous care about justice for the poor, but the wicked have no such concern.”

Prov. 31:8-9 “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.”

Isa. 1:17 “learn to do right! Seek justice, encourage the oppressed. Defend the fatherless , plead the cause of the widow.”

Isa. 10:1-3 (God, through Isaiah, to the Israelites) ”Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches?

Jer. 22:16-17 “He defended the cause of the poor and needy, and so all went well. Is that not what it means to know me?’ Declares the Lord, ‘but your eyes are set on dishonest gain, on shedding innocent blood and on oppression and extortion.”

Acts 5:29 “Peter and the other apostles replied: ‘We must obey God rather than men!”

Jn. 15:18-21 “If the world hates you, keep in mind that it hated me first. If you belonged to the world, it would love you as its own. As it is, you do not belong to the world, but I have chosen you out of the world., That is why the world hates you. Remember the words I spoke to you: No servant is greater than his master. If they persecuted me, they will persecute you also. If they obeyed my teaching, they will obey yours also. They will treat you this way because of my name, for they do not know the One who sent me.”

Matt 5:10-12 “Blessed are those who are persecuted because of righteousness, for theirs is the Kingdom of Heaven. Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you.”

Col. 3:24 “since you know that you will receive an inheritance from the Lord as a reward. It is the Lord Christ you are serving.”

My husband and I prayed for years about what we were saying and doing and long ago came to the solid conclusion that it was the right thing to do before God. This org can’t be bullied about it now. We are past it.

Roland Preaching a Sermon in Juarez, Mexico, June 2003

Baptism in Leech Lake, 2007

A Rebuttal:

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Jul 242013

In a July 12^th commentary in North Dakota papers, attorneys Tobias Rushing and Robert Moddelmog criticized former ND Lt. Governor Lloyd Omdahl for his July 1^st column concerning the Indian Child Welfare Act.

Mr. Omdahl had stated that ICWA is “sacrificing children to protect the heritage of the tribes.” Rushing and Moddelmog noted that “the findings of Congress’s Indian Child Welfare Act Commission of 1973 show…the contrary.” I am certain it is not lost on readers that these findings are 40 years old. Now let’s discuss today.

I’m appalled that attorneys would make the absolute statement “An abusive Indian family does not take precedence over a safe non-Indian family, ever.” A three-year-old girl was thrown down an embankment and beaten to death in Spirit Lake just last month. Clearly, abusive extended family DID take precedence over a safe non-Indian family. Other examples:

A Detective in Bonney Lake, WA, was forced by ICWA social workers to leave a toddler he’d been raising at the home of a suspected drug dealer.
Because social workers believed ICWA demanded it, the Rodriguez boys of California were taken from the home of their Hispanic grandparents and placed with their maternal grandmother on the Ute Reservation – a woman who had abused and lost custody of her own children. Within three weeks, the oldest boy was permanently brain damaged from beatings.
Sierra McGaughey joined us in DC, February, 2013, to tell Congressional staff that she was torn from a safe home off the reservation and placed in a dangerous relatives’ home, where she was given to a man as a sexual partner at the age of 10. She begged to return to where she felt loved, but wasn’t allowed until she tried to hang herself at age 16.

There are many stories from across the country.

Thomas Sullivan, Regional Administrator of the Administration of Children and Families in Denver, stated in his 12^th Mandated Report to the ACF office in DC, February 2013:

“In these 8 months I have filed detailed reports concerning all of the following:

The almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders… These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.
The 45 children who were placed, at the direction of Tribal Social Services (TSS), BIA social workers, BIA supervised TSS social workers and the BIA funded Tribal Court, in homes where parents were addicted to drugs and/or where they had been credibly accused of abuse or neglect…

“…Those adults remain protected by the law enforcement which by its inaction is encouraging the predators to keep on hunting for and raping children at Spirit Lake.

Rushing and Moddelmog also state, “studies showed that American Indian children who have been removed from their ethnic and cultural heritage often suffer a host of psychological and identity issues, not counting the damage caused by the initial removal.”

Yet, without any concern for psychological effect, ICWA is frequently used to remove children from non-Indian homes that better reflect their ethnic and cultural heritage than a home on the reservation. Tribal apologists claim that children of even minute heritage who’ve never lived anywhere near a reservation or with a tribal member are going to suffer identity issues, as if there is an inherent gene that makes these children different from any other. In some circles, that is referred to as “racism.”

Rushing and Moddelmog include a quote from Judge William Thorne that “more than 60 percent of American Indian children in non-native foster care who age out of the system “are homeless, in prison, or dead by age 20.” Where are comparison percentages for children raised in native foster care? Further, these children were fostered due to abuse, neglect, or abandonment. Many suffer with fetal alcohol related issues. How can the sole reason for struggle be due to non-native homes?

Finally, while an American Indian grandmother who adopts a child qualifies for the benefits of any adoptive parent, most children are not “adopted” by extended Indian family. In Minnesota, those caring for unadopted relatives receive “Relative Custody Assistance,” which can be over $700 per child per month. I am speaking from personal experience having been an ICWA approved home.

Yup, I “raked in” thousands of dollars in state benefits as an ICWA home. Over 16 years, it added up to almost $90,000, not including medical care the kids received from the state. And I am first to say these children would’ve been better off had a therapeutic foster home trained to take care of special needs been allowed – no matter the heritage of the foster parents.

It is time for balder-dash to end and genuine concern begin.

Quoting Mr. Omdahl, “It is time to take another look at the federal foster care and adoption policy that keeps Indian children in homes that threaten their well-being while safe homes are automatically ruled out.”

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare and author of ‘Dying in Indian Country.’ http://dyinginindiancountry.com/

Horrible Child Abuse STILL Happening on Spirit Lake Reservation!

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Feb 222013

A HORRIFIC report just leaked to us: Thomas Sullivan, Regional Administrator of the Denver Office submitted this to the DC office of Administration of Children and Families just this morning –

++++++++++++++++++++++++++++++++++++++++++

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

It has been more than 8 months since I filed my first report. In that time neither my sources nor I have seen any evidence the more than 100 children cited in these reports have been moved into safe placements. Most of those children remain in the full time care and custody of known sex offenders, addicts and abusive families.

Nor have we seen any indication of any effort by law enforcement to investigate, indict or prosecute the adults who have been credibly accused of being physically and sexually abusive to more than two dozen children.

In these 8 months I have filed detailed reports concerning all of the following:

The almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders, at the direction of the Tribal Chair. These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.

The 45 children who were placed, at the direction of Tribal Social Services (TSS), BIA social workers, BIA supervised TSS social workers and the BIA funded Tribal Court, in homes where parents were addicted to drugs and/or where they had been credibly accused of abuse or neglect. Since I filed my first report noting these placements, nothing has been done to remove these children to safe placements. I trust the Tribal Court, with the recent resignation of a judge who failed a drug test, will begin to be responsive to the children whose placements they oversee.

The 25 cases of children most of whom were removed from physically and sexually abusive homes based on confirmed reports of abuse as well as some who still remain in those homes. Neither the BIA nor the FBI have taken any action to investigate or charge the adults in these homes for their criminally abusive acts. Many, of the adults in these homes are related to, or are close associates of, the Tribal Chair or other Council members.

Since I filed my first report detailing these failures to investigate, charge, indict, prosecute those adults, my sources and I have observed nothing to suggest this has changed. Those adults remain protected by the law enforcement which by its inaction is encouraging the predators to keep on hunting for and raping children at Spirit Lake.

When was the last time the US Attorney indicted a child rapist at Spirit Lake? How many child rape cases from Spirit Lake has he declined to prosecute during the last 18 months? How many Spirit Lake child rape cases have been prosecuted during those same 18 months?

Several years ago several former Tribal employees (including Tribal judges, TSS staff and Tribal elders) filed a formal complaint about TSS and the Spirit Lake BIA when they met with BIA’s Regional Director in Aberdeen, SD. The Regional Director was provided with substantial documentation of the bases for their complaint against the BIA’s Spirit Lake Superintendent.

A week after returning from Aberdeen they saw this documentation in its original unopened package on the desk of the Spirit Lake BIA Superintendent. It remained there, unopened, unread and uninvestigated for several months before it was shredded.

Similar delegations met with the leadership of the state Department of Human Services, its Child Welfare Agency, as well as with the FBI. In each case comparable packages of documentation were delivered. Since nothing ever came of these efforts to correct the situation at Spirit Lake, it can only be assumed that this documentation sat on desks somewhere, unopened, unread and uninvestigated until it too was shredded.

Since I filed my first report detailing these efforts on the part of several concerned citizens to correct the situation at Spirit Lake, to stop the abuse of children several years before I filed my first report, nothing has been done to investigate the clear malfeasance of so many high level state and federal officials. This failure to act, to correct this situation allowed the rape and abuse of children at Spirit Lake to persist for years beyond when it should have been stopped.

I believe the highest obligation and priority for every public official involved in this situation is to insure the safety of those children who were abruptly removed from safe, off-reservation placements and returned to on-reservation placements in many cases to the full time care and custody of known sex offenders where they were available to be raped daily as well as those children placed in unsafe homes in the care of addicts and abusers as a result of decisions made by BIA, TSS and the Tribal Court.

I have been instructed by the leadership of my agency that my beliefs do not reflect the policy position of either my agency or my department.

From what my sources and I have been able to observe the highest priority of the state, the FBI, BIA as well as other federal agencies has been to silence us, to label us as liars, as incompetents not qualified to identify the abuse of a child, to minimize the seriousness of this situation with their fabricated, self-serving claims. Among these claims are, “It’s a new problem”; “This problem arose because the Tribe lost the person responsible for filing their forms”; “If those whistleblowers would shut up everything would be fine”; “Everything is fine”; “They are making great progress”; “You are expecting too much progress too quickly”; “They are working hard.”;“It’s all fixed.”; “We’re doing a great job for kids” “You are not a subject matter expert”.

If that attitude was held by those who served on the Grand Jury that indicted Jerry Sandusky on 45 counts of child sexual abuse, there would have been no indictments. It would have been decided that neither McQueary, the janitors nor any of those victims were credible because Jerry would have told them that all of those witnesses were lying and they would have believed him.

If just a bit of the energy devoted to trashing us was used to assist the children of Spirit Lake, all of the 100 plus children might be in safe placements now. But it appears that agencies and those involved have taken a different path for reasons known only to them and their agencies leaving these children in the care and custody of addicts and predators. These actions track the same path followed by the leadership of both Penn State and the Catholic Church when these organizations sought to protect their institution’s reputation by covering up the rape of children.

The BIA Senior Criminal Investigator (CI) at Spirit Lake is a thug who should be in prison if the domestic violence allegations made by his wife and other eyewitnesses are to be believed. Because none of you, not even those in the highest levels of BIA law enforcement in Washington, DC, have investigated his wife’s complaint, sought to speak either with her or those eyewitnesses, he walks free, a fine example of the integrity and professionalism of BIA. How will BIA comply with OPM’s recent directive on Domestic Violence when it is shielding a Domestic Violence thug from investigation and prosecution?

There are an unknown number of undocumented children (it is estimated by knowledgeable sources that there are more than 40 children who are trapped in this situation) who are being cared for by Foster Parents who are not being paid for their care. For most, if not all, payment is not an issue. However, without birth certificates, court orders and other documentation these children cannot be enrolled in Head Start, pre-school, school or qualified for Medicaid. Neither the state, county social services, BIA nor TSS have been willing to assist these foster parents in obtaining the necessary documentation. Since the Tribe placed all of these children with these Foster Parents, it is especially disturbing that now they deny any responsibility for them. Why is the BIA collaborating with the Tribe in this abuse of power?

On September 29, 2012 a 13 year old little girl was raped in her home by a 37 year old man. Law enforcement was called. The name and a description of the rapist was provided. No rape kit was collected. More than three weeks elapsed before the alleged rapist was interviewed. The little girl’s mother was told over the phone by FBI Agent Cima that the FBI had turned the case over to the BIA.

The BIA Senior Criminal Investigator (CI) called the mother to tell her that he had spoken with the alleged rapist who told him, “That girl wanted to have sex with me. What was I supposed to do?” The BIA CI then said, “Since the sex was consensual, there was no crime here and there will be no prosecution. This little girl contracted gonorrhea as a result of this rape.

It seems strange to me that the BIA CI ruled out the possibility of statutory rape in this case when the girl was so young and her rapist was almost 25 years older. It is even stranger that all of you accept without question the self-serving tale of a 37 year old rapist, “She wanted to have sex with me. What was I supposed to do?” Surely all of you have more brains than to accept that line.

On September 27, 2012 I filed a formal complaint against FBI Special Agent Bryan Cima due to his interference with my responsibilities as a Mandated Reporter of child abuse This filing was done consistent with instructions we received from the Grand Forks, ND FBI office. Since I have not been contacted by anyone asking for additional information concerning my formal complaint, I can only assume, given their complete disregard for this complaint, that the USDOJ and FBI view it as even less important than the eleven mandated reports I have filed.

10. The BIA, for several years, has been conducting annual reviews of the Spirit Lake TSS with each succeeding review producing lengthier and lengthier lists of deficiencies requiring correction. The last one completed almost a year ago, produced a list of 75 deficiencies, most so serious they required immediate correction according to the BIA reviewers. To my knowledge none have been corrected.

11. Five months ago on September 20, 2012, Hankie Ortiz, Deputy Bureau Director of BIA’s Office of Indian Services was quoted in the NY Times article about Spirit Lake saying, “the news media and whistleblowers had exaggerated the problem. This social services program has made steady progress.” Since I specifically asked Ms. Ortiz in my Sixth Mandated Report on October 30, 2012 to provide detail about how those of us who have been speaking out about the epidemic of child sexual abuse at Spirit Lake have “exaggerated the problem”, she has provided nothing to substantiate her lying, self-serving claims.

Apparently she has now taken a vow of silence. That vow makes good sense because six weeks after she was quoted in the NY Times, the Tribal Chair directly contradicted her fabricated defense of BIA. The Tribal Chair in a General Assembly meeting said in response to questions from an enrolled member that there were no lies in my reports and that he could not document any improvement in the condition of the children I had cited in my reports. Now, five months after her claim of “steady progress” neither my sources nor I have seen anything that would pass for “progress”.

12. A little girl, who on the first day of pre-school gave an aide an accurate and detailed description of what was involved in giving a blow job, was removed from her home due to physical abuse. When evaluated at the Children’s Advocacy Center in Grand Forks, ND, the specialist there determined that she had also been sexually abused and required immediate intensive therapy.

Since the Tribe would be required to pay for the therapy the Foster Parents had to get approval from TSS. They were turned down initially and at least once a month for the last six months because as the TSS case worker said, “If I approve this request for therapy, I will be fired in the morning as soon as the Tribal Council learns of it.” (The Catholic Archdiocese in Los Angeles, CA followed a similar policy not so long ago so that pedophile priests were not allowed by the Church to go to therapists who were required by law to report the sexual abuse of children by their clients to law enforcement).

This little girl is the granddaughter of a convicted sexual offender who also serves on the Tribal Council. Since the BIA has taken over all responsibility for TSS activities at Spirit Lake, why is BIA preventing this little girl from getting the therapy she desperately needs? How many other Spirit Lake children is the BIA preventing from receiving the therapeutic services they need in order to recover from the abuse they have suffered?

13. I understand two young children (two and three years of age) who had been removed from their homes in late December, 2010 and were evaluated at the nationally recognized Fetal Alcohol Spectrum Disorder Center at the University of North Dakota School of Medicine in Grand Forks, ND during the late winter of 2011 and were diagnosed with severe developmental delay – they did not and could not speak, they did not understand simple words, they acted as though they had never seen a toy and had no idea what to do with them. Their only form of interaction was to hit each other and fight.

The Founder and Executive Director of the Center evaluated these children. His expert recommendation, provided in a written report, was that these children should never be returned to the home they came out of, that it would be a crime if they were ever placed back in that home.

The TSS Director ignored this expert evaluation and recommendation and placed these children back in that home shortly after he received that written report. They are still there suffering ever more developmental delay with every passing day.

TSS and BIA staff have been reviewing and correcting any problems with paperwork for most of the last several months. Why has this expert recommendation been overlooked? This is just one more example of the continuing, grotesque failure of the BIA to protect the children of Spirit Lake.

14. A few weeks ago I was informed about a case that is well known to you, Ms Settles, because you intervened to assist a concerned adult. This adult was concerned for the welfare of a foster child who had confided to her about his abusive home life, the refusal of the foster parent to spend money received for this child on this child as well as other examples of abuse and neglect. This child’s mother took her own life. This child attempted suicide a year ago. He has for some time been demonstrating profound depression. When a BIA social worker was assigned to his case, she closed it without even speaking with this child. When this adult spoke with Marge Eagleman, BIA Supervisor of Social Services, she was told, “well the investigator has done her job and the case is closed.” When this adult spoke with Rod Cavanagh, BIA Superintendent at Spirit Lake he said, “the investigator has a Master of Social Work degree and I trust she did her job.”

When this adult spoke with you, Ms. Settles, you ordered the case reopened. Unfortunately, it has been more than two weeks since you took that action and no one has yet spoken with that little boy. I trust all of us understand how those mindless decisions and failures to follow up can turn a difficult situation into a tragic one.

15. The adult mentioned in # 14 is a Mandated Reporter of suspected child abuse since they are on the staff at the Four Winds School. This adult has received a letter of reprimand from the Superintendent of the school system because of their efforts on behalf of this little boy. Their son was fired from his position at the same school because of his efforts on behalf of this boy. Since you have known about these efforts to silence, intimidate and retaliate against two Mandated Reporters for more than two weeks, Ms. Settles, what have you done to correct this situation? If you have done nothing, would you please explain the rationale for your inaction?

Mr. Purdon, what will you be doing to protect the rights of these two Mandated Reporters?

The Sandusky scandal horrified the nation resulting in a widespread outcry against those who had facilitated his continuing rape of young boys by keeping silent about what they knew. He assaulted and raped one boy at a time. At Spirit Lake there are many sexual predators who have been given free rein to rape at will. Hundreds of children have been exposed to conditions that place them at risk of being raped daily at Spirit Lake.

Sandusky’s abuse became public when he was indicted. The failure of law enforcement at all levels to investigate, charge and indict is a key factor in the continuation of the epidemic of child sexual abuse at Spirit Lake. When was the last time the US Attorney for North Dakota indicted a sexual predator for his rape of a child at Spirit Lake? When was the last time the Tribal Prosecutor filed a charge of child rape against a predator in Tribal Court?

It is my understanding that some believe my Tenth Mandated Report, filed on January 2, 2013, lead to the indictment of the father described in that report on charges of Gross Sexual Imposition (a Class 2 Felony) In Ramsey County, ND. If that is true, the county attorney in Devils Lake, with that indictment, has done far more to protect the children of Spirit Lake than any of those who have received these reports and have done nothing but fabricate excuses for their inaction.

The predators have been defended by the actions of the Spirit Lake Tribal Chair and council. The state, TSS, FBI, BIA and other federal agencies’ leadership by their failure to investigate complaints, made several years ago, about such abuse have facilitated this abuse. By their delay in effectively responding to these Mandated Reports, these organizations and their leaders have extended the reign of terror inflicted on the children of Spirit Lake.

A child at Spirit Lake will be raped today because little or nothing has been done to correct the heinous conditions I have identified in these Reports. Tomorrow another child will be raped at Spirit Lake due to this inaction. And the day after that another child will be raped at Spirit Lake because of this inaction. And so on, and so on and so on, until that fateful day when the decision is made to protect the children of Spirit Lake from rape and abuse.

Thomas F. Sullivan

Regional Administrator, ACF, Denver

Media

PRESS RELEASE: Child Abuse Continues Unchecked In Indian Country –

FARGO, ND, June 9, 2013 /Christian Newswire/ — Today, in memory of Chippewa tribal

Roland testifying before MN Attorney General Mike Hatch, 2000

member Roland J. Morris, Sr., the Christian Alliance for Indian Child Welfare (CAICW) is sponsoring an essay contest on June 9-15, 2013, to draw attention to the widespread and ongoing physical and sexual abuse of children living within Indian Country. The topic of the contest is “Why Children Are More Important Than Politics” with a subtopic of “Why Is Our Federal Government Ignoring Ongoing Child Abuse?” The 800-1500 word submissions can be sent to WriteUs@caicw.org. The top three essays will each win $150, $100, and $75 respectively, along with a copy of the book, “Dying in Indian Country.”

Supreme Court Will Hear Case of ‘Baby Veronica’

(WASHINGTON DC) – April 15, 2013, In 2009, Christinna Maldonado chose Matt and Melanie Capobianco to love, nurture, and raise her soon-to-be-born child. The Capobiancos had long wanted to be parents and after seven failed in vitro fertilization attempts, made the decision to enter into an “open adoption” of Baby Veronica. On all accounts. Veronica was a happy, thriving, child residing in a stable, nurturing environment. To this day, Maldonado remains committed to her choice….

PRESS RELEASE: Children: Citizens, not Cultural Artifacts

Grand Forks, ND – Feb 26, 2013, the Christian Alliance for Indian Child Welfare is filing an amicus brief with the United States Supreme Court on a child custody case involving the Indian Child Welfare Act, (Adoptive Couple v. Baby Girl 12-399). The High Court will decide this case by the end of the term in June 2013. “Our children are not chattel for tribal government.” said Elizabeth Sharon Morris, Co-Founder and Chairwoman of the Christian Alliance for Indian Child Welfare and mother of enrolled children.

CAICW is asking the Supreme Court to reverse the holding made by the Supreme Court of South Carolina and return Baby Girl to the family chosen by her Latino birth mother. Two-year-old child of just 1.12% Cherokee ancestry, was removed from the only home she ever knew solely due to the ICWA. Had South Carolina law been applied in this custody case, the petitioners would have had no standing.

Though proponents of the ICWA argue that the act has safeguards to prevent misuse, numerous multi-racial children across the USA have been hurt by it. Children who have never been near a reservation nor involved in tribal customs have been removed from homes they love and placed with strangers chosen by Social Services. Sometimes the homes they are placed in would have been deemed unsafe for children of other heritages.

The statutory and constitutional issues addressed in this case impact the equal protection, due process, liberty, and state rights provisions of children in need of care. A child’s best interests should be considered in every child custody determination. There is no presumption that residing with members of a child’s tribe is in the child’s best interests, particularly when the child is lives off the tribe’s reservation. Further, tribal governments lack inherent jurisdiction over nonmembers. Application of the ICWA to cases involving the parents who are not tribal members violates the equal protection provision of the federal constitution, even if the parent lives on the tribe’s reservation.

In the words of Dr. William Allen, former Chair, US Commission on Civil Rights (1989) & Emeritus Professor, Political Science MSU, “… 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…”

PRESS RELEASE: Child Abuse Continues Unhindered On Spirit Lake Indian Reservation Known Sex Offenders Have 24/7 Access To Young Children

Grand Forks, ND – Feb. 25, 2013, About 40 reported cases of children in abusive homes has been ignored and possibly covered up according an interoffice report of the Administration of Children and Families in Denver. This report was recently leaked to the Christian Alliance for Indian Child Welfare (CAICW), in which details horrific, ongoing physical and sexual child abuse, which appears to have been consistently covered up by various federal and tribal officials. To see the full report, visit www.CAICW.org.

In the report states “almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders, at the direction of the Tribal Chair. These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.” according to the Twelfth Mandated Report concerning Suspected Child Abuse on the Spirit Lake Reservation which was filed by Thomas F. Sullivan.

Elizabeth Morris, Chairman of CAICW, has informed the state’s U.S. legislators of these atrocities and she is appalled that “The same atrocities that have been occurring for years and were reported last summer – are still going on, and apparently, according to this report, our federal government is doing nothing about it…Are Russian children, who the entire Senate voted to support on January 1st, more important than children suffering domestically?”

The staff of Senator John Hoeven (R-ND) responded that a town-hall meeting is scheduled at Spirit Lake Casino and Resort on Wednesday, Feb 27th, but the meeting time has changed several times and now leaders are talking about closing the meeting. Last year, at a similar meeting a teacher named, Betty Krenz, with information regarding child abuse was blocked from even entering the meeting by a tribal guard.

CAICW is concerned that since this abuse has occurred under the oversight of tribal leadership that many tribal and foster parents will not feel safe to share openly at a casino. CAICW publically demands that the meeting be moved to a neutral venue where parents can safely share their concerns. Children and families are far more important than politics.

Sierra shares lessons on Indian adoption

Bemidji, MN – Feb. 12, 2013, Last week, Sierra and Carol were part of a group that traveled to Washington, D.C., to lobby Congress about the Indian Child Welfare Act (ICWA). Only now Sierra’s last name is Campbell. At age 18, she asked her former foster parents to adopt her.

Their unlikely and dramatic story is being retold now in an attempt to modify the ICWA, which was passed in 1978 to curtail the widespread placement of Indian children in non-Indian homes. The ICWA gives tribes strong jurisdiction over child custody and adoption cases in order to help them preserve their culture.

The issue is also being reviewed by the Supreme Court of the United States, which is hearing the case of “baby Veronica.” That case involves a South Carolina couple that had adopted at birth the daughter of a young woman who was not a tribal member. Veronica was considered to be an Indian because of her father’s tribal membership, so the couple had to give up the child after raising her for two years.

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