These guidelines make it clear that a child’s extended birth family is irrelevant and the only matter of concern is the wishes of tribal government.
It claims to be protecting families – while treating as irrelevant the fact that the vast majority of eligible children are multi-racial with many extended family members who are non-tribal. If I am understanding correctly – with these rules, tribal governments CAN take children from their non-tribal extended family – and it appears no one will be allowed to question it.
Birth parents can refuse tribal court, but not grandmas, aunts, uncles….
It further states that a tribal government can intercede at any point in a proceeding, for any reason – and they can do so on the basis that the tribe’s rights have been violated. It doesn’t have to have anything to do with parental wishes or the best interest of the child – as theses rules state that Congress has already decided that a child’s best interest is with the tribe.
http://www.bia.gov/cs/groups/public/documents/text/idc1-029447.pdf
“SUMMARY: These updated guidelines provide guidance to State courts and child welfare agencies implementing the Indian Child Welfare Act’s (ICWA) provisions in light of written and oral comments received during a review of the Bureau of Indian Affairs (BIA) Guidelines for State Courts in Indian Child Custody Proceedings published in 1979. They also reflect recommendations made by the Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence and significant developments in jurisprudence since ICWA’s inception. The updated BIA Guidelinesfor State Courts and Agencies in Indian Child Custody Proceedings promote compliance with ICWA’s stated goals and provisions by providing a framework for State courts and child welfare agencies to follow, as well as best practices for ICWA compliance. Effective immediately, these guidelines supersede and replace the guidelines published in 1979.
http://www.bia.gov/cs/groups/public/documents/text/idc1-029447.pdf
PLEASE CONTACT SENATOR JOHN HOEVEN (202) 224-2551, SENATOR HEIDI HEITKAMP (202) 224-2043 AND REPRESENTATIVE KEVIN CRAMER (202) 225-2611 AND TELL THEM THIS IS NOT ACCEPTABLE!
PLEASE CONTACT YOUR OWN STATE’S CONGRESSIONAL DELEGATION AND TELL THEM AS WELL!
8 Responses to “BIA issues new ‘Anti-family’ ICWA guidelines –”
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we have court again july 16, 2015 please help
I can’t not get a hold of you threw that e-mail can you contact me at this e-mail or skype me call me
Befor i lost my daughter my oldest son was took a month before new town put him bismark with his grandma come to find out her brother john decotah who is a high risk sex affender was wanted for not reportimg wher he was well he was living with my son mt sons uncle tone found my son in bed with this msn naked i gir that fone cakl and flrw up there wih my mom i got hild of a detective and and visited my son i let them detectives in and they arrested that man he is now in prison for not reporting i came home and got arrested for contempt of court i saved my son how long woyld it have taken new rown to check on my son i was not waiting and once again i have no rights to my son i miss my babys so ima try treatment i need my babys thhet need fhere mama e
Roddora – please contact me right away. We want to help you – write me an email at administrator@caicw.org …
we have e-mail you several time’s and we are not getting a response please e-mail me at this e-mail address; i sure hope you can give me some advise we can’t afford attorney so we have to try and do this on are own, but it’s been a hard road how can we fight the tribal system alone with out a attorney who knows the tribal law, childtren and family services have lied and ICWA kathey felix wouldn’t help she said that ICWA is for kids off the reservation, and refuse to help. these people said that antyone who picks up a child has to submitt to a drug test it’s in there policy we have yet to to see this law, these people even put are cases together but we live in separent home my mother is raising one child and these people taken him to because thay have my other 2 children my mother had raised him since he was 1 month old and we live in separent homes but these people had taken him anyway beause he belong to me my mother has a custody order inplace since 1-9-2012 but these people wouldn’t look at this please help. CPS AND CFS and social services all lied about ever thing
I got my baby girl tooken from me with charges of a dui and dus i had no child charges i meann theres no child neglect no child abuse nothing but new town took my daughter i now pea ina cup once a week and visit her once a week my husband and i are bery dedicated to see her so she knows we are still here for her they now have not let us see her for three weeks we finally found a treatment wete we both will be going we miss her so much but we now have no rights to her they will not eccept our money or clothes we bring for her
The new #ICWA guideline asserts that a child’s best interest is always with the tribe, and other factors (abuse, neglect, bonding with the current family, the child’s wishes, educational opportunities or anything else) are NOT considered. The guidelines prioritize the interests of adults in the situation and subjugate children’s best interest to negligible status. The guidelines will cause substantial harm to Native American children and families. #Adoption #Fostercare
These “guidelines” are in contradiction of the findings of the Supreme Court of the United States in Adoptive couple v baby girl. We need to remembler ICWA was passed by Congress, and BIA does not have authority to amend or alter established law.