Sep 092013
 
Sweet Girl Don't Die
Baptism in Leech Lake, 2007

Baptism in Leech Lake, 2007

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 you are claiming multi-heritage children, I have a right to and WILL speak.

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 even ethnic neighborhoods within a large town. 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.

To those who are accusing us of genocide for demanding that tribal government keep their hands off our kids – get something straight, you are free to raise your children in the manner you see best. You are NOT free to raise MY children in the manner you see best.

Targeting other people’s kids to bolster membership rolls might be easier than doing the work necessary to keep your 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 your own admission – with your own statistics, such as losing 4 Indian languages a year – that is individual tribal members choosing NOT to speak the language. To continue blaming it on “white” people is disingenuous.

How can that I say that?  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 sharing 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 YOU 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 life.  (Go ahead and screen shot that and share it with your friends. They need to wake up to reality as well.)

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.

You can NOT force other families to submit to your value system. That is why ICWA is totally unconstitutional. You 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 you are going to 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.

Please note what I factually said. 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.

 

If you 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 you 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

Roland Preaching a Sermon in Juarez, Mexico

 

 

Sep 042013
 

Father and Daughter

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.)

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/

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare, columnist for Women’s Voices Magazine, and author of ‘Dying in Indian Country.’ http://dyinginindiancountry.com a dramatic true story of transformation and hope.

Apr 142013
 

Baby VeronicaChristinna 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.

On or around Jan. 4, 2010, Dusten Brown, the biological father, signed away custody of his daughter in exchange for not having financial responsibility. Brown later changed his mind and sought custody of Veronica. Initially, due to South Carolina law, he was denied standing because he was considered an absentee father.

However, because he was 3/128th Cherokee heritage, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to Brown under the 1978 Indian Child Welfare Act.  Baby Veronica, only 1.12% Cherokee heritage, was ordered removed from the Capobianco’s care and placed in Dusten Brown’s custody. On Dec. 31, 2011, despite abundant evidence from child psychologists and attachment experts that removing toddlers from care-givers they’ve bonded to could cause long-lasting psychological damage, Veronica was handed over to her biological father.

Though supporters of ICWA say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S have been hurt by it – many of whom have never been near a reservation nor involved in tribal customs. Some opponents of ICWA question the motivation for seeking after children whose families have chosen to be disconnected from Indian Country. The Cherokee Nation alone had over 100 attorneys targeting some 1,500 children across the country in 2012. 

Now Veronica’s case has reached the highest level.  On February 26, 2013, the Christian Alliance for Indian Child Welfare filed an amicus brief with the United States Supreme Court in support of Matt, Melanie and Veronica. SCOTUS will hear testimony of the case on April 16th and will make a ruling by the end of the term in June 2013.

CAICW is asking the Supreme Court to reverse the decision made by the high court of South Carolina and return Baby Girl Veronica to the Capobiancos, family chosen for her by her birth-mother. 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 federal ICWA to cases involving the parents who are not tribal members violates the equal protection provision of the U.S. constitution, even if a non-member parent lives within reservation boundaries.

If you have any doubts to the how justice should rule in this case – consider Christinna, who is 50% Hispanic (if her heritage isn’t important, but another persons supposed minute heritage is, isn’t that….racism?

SHE was the one in the position of being an unwed mother – told by the biological father that he was not going to help support the baby she was carrying. No one else in this case was in that position. (But if what she went through isn’t important, but the father’s belated “pain” is, isn’t that….sexism?)

Then imagine if this had been your daughter, sister, or niece who had made the mistake of sleeping with a man who later refused to help with a child.  Now pay attention.  This man appeared to be Caucasian.  So at some point he mentioned that he has Cherokee ancestry. However, in the time your daughter was with him, he never made an issue about being Indian, practiced anything traditional, or gave any cause to assume he was anything other than the myriad other Caucasians across the United States who claim to have Cherokee blood. Yes, those people of minute heritage who many tribal members of significant heritage mock  as “wannabe” Indians.

Now, imagine you and the rest of your family had supported her decision to move ahead with adoption and helped her find a good home for this child.  Then imagine a tribal government coming in weeks, months or years later, and telling the courts that this man has 3/128th heritage, and based on this tiny bit of blood quantum, this man many tribal members would have mocked if it weren’t for Veronica -  is now “Indian” and they are there to invalidate the decision your family had made.

What the Cherokee Nation is pushing for and the South Carolina Supreme Court erroneously overlooked – is that any woman, of any heritage, who sleeps with any man of any apparent heritage – even a one night stand – CANNOT go ahead with an adoption without somehow ensuring that this man does not have a smidgen of tribal heritage.

WHAT does this kind of ruling do for the rights of women – of unwed mothers?  What kinds of hoops will teenage girls now have to go through if the Supreme Court rules for the tribal governments? Where is the outrage from women’s groups over this case?

And yet – no one would say a thing of she opted to abort her baby instead.  The tribal government wouldn’t – couldn’t stop her from doing that.   Just consider the ramifications of a tribal government victory in this case.

Our Families are NOT Chattel for tribal governments – no matter how many claim them to be.  As parents, we will continue to fight for full rights and freedom for our families – every one of whom is a United States Citizen – even if this Supreme Court makes the wrong decision.

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…”

 

PLEASE REMEMBER TO PRAY NOW THROUGH TUESDAY – for Veronica, her parents, and all involved with this important decision.

 

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare and author of ‘Dying in Indian Country: A Family Journey From Self-Destruction To Opposing Tribal Sovereignty.”

Apr 052013
 

Senator Hoeven,   

Spirit Lake Town Meeting, Feb 27 2013

Spirit Lake Town Meeting, Feb 27 2013

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

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

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

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

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

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

Thank you.

Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)

http://caicw.org

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     March 29, 2013

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

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

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

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

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

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

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

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

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

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

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

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

———————– Page 3———————–

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

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

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

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

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

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

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

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

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

———————– Page 4———————–

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

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

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

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

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

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

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

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

———————– Page 5———————–

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

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

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

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

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

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

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

———————– Page 6———————–

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

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

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

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

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

Thomas F. Sullivan
Regional Administrator, ACF, Denver

Apr 042013
 
U.S. Rep. Kevin Cramer

U.S. Rep. Kevin Cramer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Dec 312012
 

From Tragedies – to Transformation…

Just why would a family decide that reservation life is not what they choose for their family? The reasons are many, but some of the reasons are shocking.

Dying in Indian Country is one family’s story of  hope.

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.

An amazing transformational story, Dying in Indian Country, by Elizabeth Sharon Morris, provides a real glimpse into some of these unacceptable conditions. Dying in Indian Country tells a compelling true story of one family who 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  -  then tells how, by the Grace of God, they came out of it.

 

A true story of pain, hope, and transformation -

“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)

Dying in Indian Country is available at:   http://dyinginindiancountry.com