- Federal, State, and Tribal authorities have favored a child’s tribal heritage over that child’s Irish, Afro-American, Scottish, Latino, or Jewish heritage, or any other heritage the child has, no matter the percentages. Whether the child’s heritage is predominately Slavic or Mexican, the only question asked is whether the child is enrollable.
- Some Tribal governments have interfered in custody battles between parents, overturned county decisions in favor of the tribally enrolled parent and ignored child abuse, neglect and drug abuse in those decisions.
- Some Tribal governments have claimed jurisdiction over children that have little tribal heritage and are not enrollable according to their constitutions.
- Contrary to state laws pertaining to the best interest of the child, some Tribal governments have ignored the interaction and relationships children have had with caregivers; the child’s adjustment to home, school, and community; the length of time the child has lived in a stable home, and the permanence of the existing or proposed custodial home.
- Many county courts and social services have backed away when ICWA is involved because they do not understand ICWA or can not afford to fight back.
- Several State Governments have given “Full Faith and Credit” to tribal courts and will not review or overturn tribal court custody decisions.
- …Read their letters