This appeal concerns two Indian children, twins who now are two years old. Both children needed immediate medical attention following birth. Despite the wishes of the Red Lake Nation, the birth mother favors continued placement with K.R. and N.R. Thus, the case name reflects the names of the birth parents – In the Matter of the Welfare of the Children of: L.K. and A.S., Parents.
LINK: CAICW Amicus Curiae Brief in Support of Petitioners
LINK: Various Family Stories over the years
Why This Case Matters:
- The 2023 Brackeen opinion indicates that the path this case is taking to the US Supreme Court is the path they preferred.
- Constitutional Concerns: ICWA violates the Tenth Amendment by commanding state officers to administer a federal regulatory program, which is seen as an overreach by federal law into state jurisdiction.
- Child Welfare: The placement preferences under ICWA do not always align with the best interests of the child or the direct wishes of parents.
- Rights of Parents: Parents should have a voice in the best interest of their children.
According to the last three US censuses, 75% of tribal members DO NOT live in Indian Country. Many have taken their families and left due to the high incidence of crime and abuse. Some families moved away decades ago. Further, most children of tribal heritage are multi-heritage – meaning they may have a parent, grandparent and other relatives who they love but who are not enrolled tribal members.
LINK: Watch video clip; Mother says her tribe kidnapped her baby through ICWA
Nevertheless, the ICWA claims jurisdiction over children that are merely ELIGIBLE for enrollment, regardless of their background and preferences. This means that even if parents do not enroll their children, the tribal government still has jurisdiction if the child is “in need of care” and more right to take custody of a child than a beloved non-tribal aunt. In some cases, even non-tribal grandparents have been denied custody. In some cases, even enrolled relatives have been denied custody if they have turned their backs on tribal government.
However, ‘In the Matter of the Welfare of the Children of: L.K. and A.S., Parents‘, is headed to the Minnesota Supreme Court. CAICW was invited to write an Amicus brief in support of the petitioners. You can read CAICW’s amicus here:
LINK: CAICW Amicus Curiae Brief in Support of Petitioners
Why We Need Your Support:
- Legal Costs: While the attorney for the parents is pro-bono, there are ancillary expenses We need funds to cover paralegals, expert witnesses, and other legal expenses to ensure a robust defense.
- Public Awareness: Your contribution will help us educate the public and policymakers about the importance of ICWA, ensuring widespread understanding and support.
- Setting Precedents: By supporting this case, you’re not just aiding one legal battle; you’re contributing to a broader movement for justice, recognition, and rights for Native children.
Minneapolis attorney Mark D. Fiddler, of Fiddler Osband Flynn LLC., is known nationally for his work concerning the Indian Child Welfare Act and is the lead attorney for the appellants/petitioners.
CAICW is a national 501c3. Donations to cover legal fees for the family are tax deductible. As has been done before, unless specified for CAICW, 100% of donations will be sent directly to the family’s attorneys (In this case, Fiddler Osband Flynn LLC.)
How You Can Help:
- Donate: Any amount you can contribute will make a difference. Your donation ensures we have the resources to fight this case with vigor.
- Spread the Word: Share our cause on social media, talk about it in your community, and help us reach more potential supporters.
- Volunteer: If you have skills in social media or fundraising, we could use your expertise.
Join Us: Your support can make history, ensuring that Native children have rights and protections equal to that of every other child in the United States.
Act Now: We have set up a fund dedicated to this legal battle. Every dollar you contribute goes directly towards defending the rights of these children:
- Donate Online: Visit https://www.givesendgo.com/CAICW to make a secure donation
- Check Contributions: Make checks payable to the CAICW legal fund and mail to CAICW, PO Box 46, Hillsboro, ND 58045
Thank you in advance for your generosity and for standing with us in this crucial moment. Together, we can defend the rights of generations yet to come.
Warm regards,
Elizabeth Morris
Chair, Christian Alliance for Indian Child Welfare
###
About the Author:
Elizabeth Morris is the administrator of the ‘Christian Alliance for Indian Child Welfare’ – a national non-profit she and her husband, a member of the Minnesota Chippewa tribe, founded in 2004. Ms. Morris has been writing, lobbying, and advocating on issues related to federal Indian policy since 1995 and is currently working on her PhD in Public Policy: Social Policy at Liberty University.
Ms. Morris was also a Commissioner on the congressional ‘Alyce Spotted Bear and Walter Soboleff Commission on Native Children.’ After holding several hearings in regions across the country, the Commission submitted its Final Report and Ms. Morris submitted her Minority Report to Congress in February 2024.
Ms. Morris earned her Bachelor of Science, Interdisciplinary Studies: Government and Policy, Communication, and Health Science magna cum laude in August 2016 and her Master of Arts in Public Policy with Distinction in July 2019, both at Liberty University. Her Master Thesis is titled: ‘The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act.’
Ms. Morris also holds a Bachelor of Arts in Christian Ministries; an Associate of Science (Registered Nurse), a Diploma of Bible & Missions, and is the author of the book, ‘Dying in Indian Country.’
Sorry, the comment form is closed at this time.