Congress – Page 2 – Christian Alliance for Indian Child Welfare

Native American Kids Matter

Aug 272015

There was a comment on this site last night that most people couldn’t see.

As our followers know, I had banned certain words and names from this site long ago – and we avoid using any child’s real name or location unless the family has chosen to publicly use their names and places. The writer last night tried to use one of the names, thus the site hid her comment.

I pondered whether to open it up for view, as it illustrated the continuing hate and twisting of fact coming from those who demand complete control over our children. I wondered if it might be good for new people to see. What continues to amaze me is the disregard so many have for the rights of children and families to choose not to be involved with tribal governments.

It goes over the writer’s head that tribal members themselves are filing lawsuits against ICWA because they do not want tribal government interfering in their families.

The writer cannot seem to see or accept the rights of individuals and families. Disturbing, as that was the same mindset in 1930’s Germany, where it was honestly believed government had the absolute right to decide all matters for individuals and families – including whether they can marry a person of a different race. That government also claimed ownership over children – as is common in a tyranny. They saw children as government property – the lifeblood of the nation.

Yes… I will make that comparison. I make that comparison because our children are being treated as less than human in matters of law. On the basis of even small amounts of heritage, our children are not allowed protection equal to that of children who have no tribal heritage.

The lack of protection is not because they are not citizens under the law. Under the Indian Citizenship Act of 1924, tribal members are fully United States citizens. Further, it is currently argued that even non-citizens of our country have rights under the United States constitution. Whether or not that is true, it is argued that every human, no matter what their citizenship, deserves equal protection in the United States.

But the fact is, individuals of tribal heritage are not currently afforded equal protection. Local, State and Federal officials continually refrain from ‘interfering’ with tribal government when it comes to our children, and activists for non-citizens do not speak up for the equal protection of our children.

Why? Why do our children not deserve equal protection? Why are our children less important than children – citizens and non-citizens – who have no tribal heritage?

The police went in to Indian Country in 2013 to retrieve one child who had media attention, but won’t go in and rescue two little girls kidnapped from their birth fathers by members of the Cheyenne River Reservation in 2014 – two little girls who haven’t gotten any real media attention.

You won’t hear any of the people who are obsessed with the one little girl and her father stand up for the two little girls and their two fathers – because it goes against the authority of tribal government, which is apparently what these people are truly most concerned with. Our children are being treated as less than human in matters of law and protection. Their ‘best interest’ is irrelevant if in conflict with the wishes of tribal leadership.

I make the comparison with 1930’s Germany because of three children who were handed to a woman at Cheyenne River, who was known to be extremely abusive, but wanted them because of the river money that came out last year. ICWA was used to do this. After many subsequent reports were made of her abusing those kids, they went missing. Their maternal family is still striving to get them back. Our children are being treated as less than human in matters of law and protection.

I make the comparison because of the number of children known to have been taken from safe foster homes – only to die when placed back into situations known to be abusive. A three-year-old at Spirit Lake died within the month of her removal from a safe home, an 18-mo-old at Standing Rock died within a month, a little boy at Cheyenne River died – and the list goes on. Our children are being treated as less than human in matters of law and protection.

I make that comparison because of the Spirit Lake tribal policeman who called to tell us what was really happening – that it was more important to protect tribal sovereignty than it is to protect children, and that is why so many things are hidden and swept under the rug. He provided us with taped conversations between himself and tribal social services. Our children are being treated as less than human in matters of law and protection.

I make that comparison for the young girl in Arizona – now a woman – who was forced against her will by ICWA to return to the mother who had broken her nose before she was five months old – only to suffer more physical abuse until she was able to finally get away again. She now refuses to have anything to do with the reservation. Our children are being treated as less than human in matters of law and protection.

I make that comparison for the young girl at Leech Lake – now a young woman – who tried to run away from her uncle who was raping her every night – walking in the ditches on a rainy night to avoid being seen by tribal police – only to be found and sent back due to ICWA. She eventually tried to hang herself. Our children are being treated as less than human in matters of law and protection.

I make the comparison due to the number of stories we get of severe but ignored sexual and physical abuse that many kids are going through.
I make the comparison because of the number of non-tribal members who are told they have no right to their own children – and who don’t have the money to find a good attorney to help them. They are simply ignored by local, state and federal officials who claim they can’t do anything about it. Our children are being treated as less than human in matters of law and protection.

Bottom line – Congress has decided our children are not as important as tribal sovereignty. What I have mentioned here is just the tip of the iceberg.

Many from the Cherokee Nation call us hateful for reporting all this. They think that because they don’t see it so much in their area of the world, it isn’t factually happening on many real reservations. If they are aware of what is really happening, they apparently won’t admit it. Protection of ‘tribal sovereignty’ is all that really matters.

The obsessive pathology concerning one particular child – who is factually doing very well with her adoptive parents – and the continuing push for complete control over our children against all evidence of the harm ICWA is causing – is not only disturbing, but extremely frightening.

This is not a game. We need our Congressmen to wake up, stand against the BIA on this issue, and factually protect our children.

Our children are human. They are American citizens – with the unquestionable right to equal protection under the United States Constitution.

Indian Affairs holds Senate Hearing concerning Child Abuse

1 Response »

Jun 122015

On June 10, 2015, the U.S. Senate Committee on Indian Affairs held an oversight hearing “Addressing the Need for Victim Services in Indian Country.” We fully agree that victims of assault in Indian Country, as everywhere, need help. We disagree with what appeared to be a pre-agreed decision by the committee to give more money to tribal leaders.

There is the adage that the definition of insanity is doing the same thing over and over and expecting different results. But there is also a reality that crime and corruption are never made better by giving those responsible for the crime and corruption more money.

1) One witness stated there is one rape or child sexual abuse reported every other day and another witness stated violence on his reservation is 3 times higher than in the rest of the nation and accounts for 75% of the deaths of Indian children between the ages of 12 and 20.
2) It was admitted that many people in leadership positions contribute to the abuse

Senator Hoeven appeared concerned about getting to the core of the issue, asking what “program for foster children is most effective to address their needs and get them into a safe environment.” Witnesses did not appear able to answer his question, nor other questions concerning success stories.

Senator Heitkamp, on the other hand, stated she is “horrified” to hear these things – (despite having been told about it numerous times by many sources over the last few years). A few minutes later, she admitted the stats are the same as in the 90s when she was AG. She went on to tell everyone that additional funding is the only solution. Despite the widely admitted abuse, she wants to know why these children are going into foster care at a disproportionate number.

The Senate Committee and the BIA has long been aware of documented and rampant sexual abuse of children on many reservations as well as suicide. It is appalling that, in light of well documented reports and the circumstances surrounding them, the BIA is proposing rules that will only increase risk for children, as well as infringe on personal, parental, and privacy rights of families.

The new rules strengthen the Indian Child Welfare Act and literally mandate our children to the custody of tribal leaders in Indian Country, and will not allow the best interest of the children to be even questioned. These rules will apply to all children a tribal government deems eligible, no matter whether the child has every lived on the reservation, has any connection to Indian Country, or has any significant blood quantum. If the tribal government deems the child a member, according to the BIA, that is all that is necessary.

Do the Senators on this committee support those rules? Will they question them in light of this latest hearing? Will they stop these rules from being implemented?

75% of tribal members do NOT live in Indian Country, and many have left due to the crime and corruption. Many, despite the claims of tribal leaders, are not interested in what tribal leaders deem is culturally appropriate and necessary. Federal government has not only looked the other way for years while tribal leaders claim to speak for and have jurisdiction over everyone despite the many deaths of children, but federal government has literally made the decision to protect tribal sovereignty at all costs – even at the cost of our children.

Of special concern is that ACF Regional Director Tom Sullivan was NOT asked to testify at this hearing, despite full knowledge by the committee of his reports over the last two years.

Lastly, many victims within Indian Country, knowing full well the level of corruption, do not trust to share their stories and pain with tribal government and tribal social services. We cannot help victims by mandating their source of help come from those whom they feel victimized by.

Please insist our political leaders put children ahead of the wants and demands of tribal leaders. Tribal “leaders” do NOT speak for everyone of heritage.

You can view the hearing at – http://www.indian.senate.gov/hearing/oversight-hearing-addressing-need-victim-services-indian-country (video)

When Supporters ask what I need…

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Apr 282015

A couple people commented that they think what I am doing is amazing. The reality is that God is amazing. Without God having provided the means to do this – we (as an org) wouldn’t be here.

Following the flipping of my camper on ice in January – in which I climbed out of the totaled cab without a scratch – God provided the most wonderful van for me to use for travel and for sleep. It is awesome and so comfortable.

– God provided the gas, the new tires, and I haven’t been without pocket money this entire time. I have not wanted for food. In fact, some days I feel like I have too much food.

– God even provided clothing to use while in DC. Even the coat on my back, and the computer I use.

– And God is providing awesome meetings, and understanding ears.

Supporters ask what I need. I could answer – gas cards, money put on my metro subway card, etc. But I wouldn’t know how to tell a person to send it, because I don’t have an address.

So we will continue to trust God for the day to day needs.

We need to trust Him for the outcome of the work as well. We are not powerful. I am not all wise or amazing or infallible or anything like that. Lord knows – and so do all my friends and family – that I am extremely fallible. I try to organize my work and be practical about everything – but continue to make mistakes every single day.

I feel like I embarrassed myself at an event last Friday night.

But… if we are doing our best with all our heart, mind and body – we are not responsible for the outcome. That’s in God’s hands. We are only responsible to do the work set in front of us every day, to the best of our fallible ability.

I just wanted to say that – so that it is understood.

When supporters ask what I need – it is really and truly prayer.

Educating Congress on the new BIA Regs hurting Our Children –

2 Responses »

Apr 122015

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Visited over 80 offices in last few days concerning how the BIA is hurting not just our kids, but kids of EVERY heritage across the U.S.

NONE of the offices I visited were aware of the new BIA rules, and many of the aides said they weren’t even clear on the ICWA. (You need to be calling your state delegation more, people!!)

However – when told what the new rules say and do, most (ON BOTH SIDES THE AISLE) were shocked.

(Most. I will tell you of the one stomach turning visit at the bottom here.)

Factually…these are NOT rules Congress intended, nor rules most Americans would agree with.

Friends, we need more of your friends and family to understand what the BIA did six weeks ago, as well we need you to call your Congressmen and Senators and TELL them in you own words how these rules could – or do – affect you, your family, your friends, your neighbors… And simply what an unconstitutional affront this is to all Americans of every single heritage – as, (contrary to what its authors portray)… It DOES affect families of every heritage.

1) READ the BIA ICWA Rules – http://www.bia.gov/cs/groups/public/documents/text/idc1-029447.pdf (Beginning in middle of the page, right – “Regulations for State Courts and Agencies in Indian Child Custody Proceedings.”)

2) CALL your State Senators and Congressman! (If you need their phone numbers, please ask us – write ‘administrator@caicw.org’ )

3) PLEASE COMMENT ON THE NEW FEDERAL RULES CONCERNING ICWA… Comments must be received on or before May 19, 2015. You can submit comments via e-mail to comments@bia.gov; include “ICWA” in the subject line of the message. You may also mail comments or go through the federal rule making portal at http://www.regulations.gov/#!documentDetail;D=BIA-2015-0001-0001

According to the new rules, effective immediately –

– EVERY child who is presented to ANY court for adoption or foster care MUST be vetted for even the smallest connection to tribal heritage – and the tribal government MUST be notified and given the option to interfere. This is because families of minute heritage have been getting away with shutting out tribal govt, and tribal governments want that to stop. They want the money our children bring.
NOTE: It is proven that when ICWA is raised in a custody issue, a child’s permanency is delayed. It can be held up for months, sometimes years. Bad enough this has already been happening to a number of children, no matter their true needs and desires. Now the BIA has mandated a rule that could delay permanency for EVERY child – of EVERY heritage.

For the children a tribal govt decides it wants to claim –
– It doesn’t matter if the child and his family have never lived in Indian Country.
– It doesn’t matter the percentage of blood quantum
– NO ONE IS ALLOWED TO ARGUE “BEST INTEREST” OF THE CHILD. The BIA claims that Congress has already decided your child’s best interest is ICWA preferences. No other ‘best interest’ is relevant.

FURTHER –
– NO ONE is allowed to even question a placement chosen by a tribal court – ‘as questioning it undermines the tribal court.’

…In other words – these rules PROVE what we’ve stated all along; that ICWA IS NOT ABOUT WHAT IS GOOD FOR OUR CHILDREN.

‘Factual good’ for our children is irrelevant.

This issue – the ICWA – is and always has been about what is good for tribal government. It is – and has always been – about power and money.

Remember – federal funds to tribal governments are tied to the US census and tribal rolls. In other words, tribal governments get more money per head.

This is why tribal governments with thriving casinos are not the ones we hear targeting children as much. Reservations such as the one in Shakopee prefer to keep their rolls small. And…people allowed to be members are usually quite happy about it.

However, other tribal governments appear to make an industry out of targeting other people’s children. In 2012, an attorney for the Cherokee Nation stated they have about 125 attorneys targeting over 1500 children across the United States. Many of those children had very minimal heritage and had never been connected to Indian Country.

The ICWA – and these rules, in stating that no other best interest matters – fly in the face of all that is known about child development and child psychology… not to mention what we ourselves know to be true about our own children and grandchildren.

These rules confirm that the true needs of our children don’t matter.

Remember, even our families of 100% heritage – or who HAVE lived on a reservation – have a right to choose their own political affiliation for their families. ALL Americans should have a right to say NO to tribal government interference in their families.

75% of tribal members do NOT live in Indian Country – according to the last two US census’. Many – including my husband and many of our org members – have left due to tribal corruption and crime.

Congress and tribal governments have NO right to mandate political affiliations – and most especially NOT mandate political affiliations for our children.

NO treaty gives them that right. Ask them what treaty – and the wording – that allows it.
It has also already been shown that the Indian Commerce Clause doesn’t allow it.

Lastly – the only LOUSY meeting I have had yet, where common sense simply had no welcome – was in Representative Doug LaMalfa’s office (R-CA) with staff member Kevin Eastman – who did not seem at all interested or concerned about the reality of what the ICWA and these rules do to our children and families. He blamed the courts for the way they interpret the law. He said, essentially, that it isn’t Congress’ problem. This, while courts cite Congress’s intent when they make their rulings. And, this, while the BIA is stating ‘best interest’ doesn’t matter because Congress says it doesn’t matter.

Everyone points the blame at the other – is no one willing to take responsibility and fix it?

Congress needs to fix it. NOW. No more games or pushing off the blame.

SHARE with friends and family – and CALL your Congressmen and Senators! Educate them!!

2) CALL your State Senators and Congressman! (If you need their phone numbers, please ask us – write ‘administrator@caicw.org’ )

There is also a public teleconference concerning these rules to be held on Tuesday, May 12, from 1 – 4 p.m. Eastern Time. The number to call is 888-730-9138, the Passcode is INTERIOR –
.

Tom Sullivan responds to vindictive DC Superiors –

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Mar 312015

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

Tom Sullivan, recently suspended for purportedly not filing correct ‘Leave of Absence’ forms following major surgery, responds to his superiors and calls them out on the REAL reason for their vindictive indictment of him – the fact that he won’t keep quiet about the abuse of children at Spirit Lake… (bold added)

PLEASE SHARE THIS – with friends, family – and very importantly, with your Congressmen. Ask them to help Tom. We NEED to stand up for and protect government workers who are trying to do their jobs with honesty and courage.

https://files.acrobat.com/a/preview/c889cab0-486a-480f-97c4-ee07bb4f4014

—————————————-

Ms. Mcmullen:

This is in response to Mr. Murray’s March 23, 2015 letter threatening me with a 14 calendar day unpaid suspension.

As usual his letter is short on facts and long on bureaucratic nitpicklng. The following facts are incontrovertible evidence of his bias against me:

1. Mr. Murray says nothing about my hip replacement surgery, major surgery with substantial potential for significant, adverse effects • a pulmonary embolism being one of the primary ones;

2. Mr. Murray says nothing about the last year When every step I took with my bone-on-bone hip was excruciatingly painful, necessitating the limited ingestion of powerful pain medication during the last few months pre-surgery. As a friend told my wife in October, 2014, after observing me walking, “From the look on his face I can tell every step he took was pure agony.” Even though my painful walking was apparent lo anyone with eyes to see, Mr. Murray never mentioned the possibility of Reasonable Accommodation lo me as required;

3. Mr. Murray says nothing about the fact that my hip was initially damaged in a workplace accident:

4. Mr. Murray libels me as he has done in the past still refusing to answer my earlier request (seven months ago) to provide factual data justifying his libelous statements or apologize In writing for writing factually inaccurate statements about me;

5. Mr. Murray says nothing about the fact that I am a whistle blower and that his actions against ma are nothing more than raw reprisal for my whistle blowing;

6. Mr. Murray says nothing about his non-compliance with regulations requiring him to notify me about my options under “Reasonable Accommodation” as soon as he observed my painful walking or when he learned about my surgery on February 24, 201S;

7. Mr. Murray says nothing about his premature denial of my Reasonable Accommodation request even before receiving a recommendation from the Federal Occupational Health Office;

8. Mr. Murray says nothing about my surgeon clearing me for work from home more than two weeks all<), before he denied my request rot a Reasonable Accommodation, while he demands that I not work and take leave when there is absolutely no medical reason preventing me from working; 9. Mr. Murray says nothing about his reprisals against me over the last two years for my whistle blowing; 10. Mr. Murray fails to mention that even though I believe his March 17, 2015 email to me is a prohibited personnel practice, as defined by the Office of Special Counsel, reflecting his retaliatory reprisal against me, I have complied with all of his requirements, stopping all telework activities as he demanded and taking leave on every work day; 11. Mr. Murray fails to mention that even if I use up all of my accumulated leave that I can apply for inclusion in the Donated Leave Program or request Advanced Sick Leave - a program made available to me in my first year of federal employment, when I had only Career-Conditional status as an employee of the Department of Health education and Welfare. I believe a supervisor is obliged by regulation to counsel his staff about such options Page 2 of 2 whenever they clearly have a medical problem even if they have said nothing to him about it;. Given the 11 factual failures of Mr. Murray, it is strange that I am being threatened with a 14 calendar day unpaid suspension and that Mr. Murray continues, thus far, to escape any censure for his failures. But you, Ms Mcmullen, have been several orders of magnitude worse than Mr. Murray in your retaliatory actions against me.

You have sought to force my agreement with you that the placement of young American Indian children in the homes of sexual predators. available to be raped or sodomized daily, is not a problem.

You have sought to force me to agree that all was OK when children’s stories about being abused that were brought to my attention by my Sources and which I referred to you for follow-up were not being investigated by either tribal social services, tribal or BIA law enforcement or the FBI.

You have sought to force me to endorse the former US Attorney from North Dakota’s position that a 12 year old little girl who had just turned 13, home alone, had consensual sex with a 38 year old man. Where in this country is sex between a 12 or 13 year old little girl and a 38 year old man not statutory rape?

Your actions have prevented me from speaking with either the media or members of Congress in clear and direct violation of the Whistle Blower Protection Act es amended.

My whistle blowing has properly characterized what you have done and continue to do. Even so you have appointed yourself as judge and jury in this matter. You fancy yoursalf as an independent arbiter. You are neither.

You are a party to this matter, a party who is deeply interested in silencing me by whatever means, including reliance on the prohibited personnel practices as defined by the Office of Special Counsel.

With every email and letter you write you expose yourself and your retaliatory reprisals against me for more and more to see and understand.

Your cavalier disregard for the welfare of the American Indian children at Spirit Lake and all across Indian Country has established a broad and deep record comparable to those that existed at Penn State and in the Catholic Church before their transgressions against children began to be revealed.

I therefore, request that the threatened 14 calendar day unpaid suspension not be applied to me since there is nothing on the record to justify it.

Thomas F. Sullivan
Regional Administrator, ACF, Denver

ACF Director Tom Sullivan Suspended –

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Mar 262015

We believe ACF Regional Director Tom Sullivan is being punished – not for minor paperwork infractions related to his recovery from surgery as claimed in the letter below, but because he has strongly spoken out against his DC superiors in attempt to protect the children of Spirit Lake and other reservations.

It is ironic that these same superiors paid absolutely no attention to the paperwork he had submitted concerning the number of children currently living with known sexual offenders. But heaven forbid he not turn in a form related to his medical leave of absence.

Even more ironic is that forms related to National Security within the State Department have apparently been passed off as non-essential by many in the current executive branch of government.

But heaven forbid a lower-level manager, known for telling the truth, fail to (gasp)…dot an ‘i’.

His absence due to hip surgery appears to be a convenient opportunity for his superiors to finally “punish” him.

Please contact your congressional delegation and ask them to protect this brave and honorable man.

Letter from DC ACF Acting Director James Murray to Tom Sullivan:

(https://files.acrobat.com/a/preview/9b0b4460-d9e3-40b5-8ca0-8a9d3aff6d54)

DATE: March 23, 2015

FROM: James Murray
Acting Director Office of Regional Operations

.TO: Thomas Sullivan Regional Director

SUBJECT: Notice of Proposed Suspension (Fourteen Days)

You are hereby notified that it is proposed to suspend you from duty with out pay for a period of fourteen calendar days, from your position as Regional Administrator, Denver Region VIII, GS-15, in the Department of Health and Human Services, Administration for Children and Families (ACF). This action is initiated pursuant to Title 5 USC Part
752, which.affords you the right to make an oral reply and/or to submit written material
to the deciding official named below, before a decision is rendered. You will remain in a .
duty status until a decision has been rendered by the deciding official named herein. The reason for this action is as follows:

Charge #1: Failure to Follow Proper Procedures for eave Notification and Requests. The Agency records show that you were on approved Annual arid Sick Leave from
February 9 to February 20, 2015. You were scheduled to return to duty on Monday
February 23, 2015. On February 24, 2015, Marrianne McMullen, Deputy Assistant Secretary for External Affairs addressed an e-mail message to various officials including you. The message was intended to set up visits to two regions including the Denver region. In the e-mail, Mrs, McMullen asked about your availability for th.e week of March 16 to 20, 2015.

You responded to Mrs. McMullen by e-mail at 2:43 pm on February 24, and copied me. Your message reported that you “had hip surgery one week ago today.” You indicated that it was unlikely that you would be cleared to travel ta Denver for the meeting during the week of March 16 to 20, 2015.

Mrs. McMullen replied promptly to inquire how long you would be on leave and who is acting in your absence. You replied to state that the length of leave is contingent on the surgeon’s approval and you would return when he cleared you,

You did not request leave as required. You did not notify me that you were going to be absent. Neither did you submit any leave request in ITAS. You failed to follow basic and standard procedures for notifying your supervisor of the absence and requesting
leave as required. I determined that your total disregard for such basic and necessary

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procedures cannot be condoned. HHS leave regulations found in the HHS Instruction • 630-1 requires that employees normally must notify Management of absences, and submit appropriate leave requests in advance. In cases where advance notice is unforeseeable,employees are required to notify the supervisor of absences and make a request for leave no later than one hour after the scheduled reporting time on any given day.’ As a Regional Administrator in a senior position of authority, you must have known or should have known of these basic and standard requirements. The fact that you elected to ignore or disregard the !eave procedures is very disturbing, in light of your position as a senior and experienced management official. Several days elapsed after the e-mail exchange on February 24, 2015. You did not subsequently notify me of an approximate date of your return or make a proper request for leave, indicting the leave type and the expected duration. Neither did you submit any medical documentation to substantiate the absence.

On March 5, 2015, I sent you a “Directive to Comply.” I reminded you of the HHS regulations which require employees to notify their supervisors of absences and employees’ responsibility to request leave. I cautioned you that failure to comply with the applicable leave procedures may result in appropriate corrective action and/or a charge of absent without leave (AWOL). I specifically directed you to submit a leave request for the period of your absence commencing on February 23 through the date that you anticipate returning to duty. In addition I instructed you to furnish acceptable medical documentation to substantiate the request for Sick Leave or Annual Leave in lieu thereof. Finally, I directed you to comply with the instructions no later than March 12, 2015, to avert a charge of AWOL and for appropriate corrective action.

You replied to me on the same day, March 5, 2015. You relayed a copy of an e meil message you addressed to the Region VIII timekeeper, CarolDelgado at 4:26 pm on March 5, 2015. Your message to the timekeeper indicated that you requested Annual Leave for partial day absences on February 23 thru March 1, 2015. You claimed that you were working six to seven hours per day during that period. You further stated that you worked eight hours per day on March 4 to March 6. In this regard, your actions are a flagrant violation of several applicable regulations and standard procedures. You did not request to perform Telework and for notify me of your intention to do so. You do not have a current telework agreement and you are not approved to participate in the Telework Program. It is very disconcerting that you demonstrated such a total disregard for compliance with the Agency’s Telework policies. The manner in which you took it upon yourself to allegedly perform work at a remote site, without even notifying me and/or any of your superiors constitutes a grave offense. Your conduct demonstrates a total disregard for the Agency policy and applicable regulations, which you are charged to uphold and enforce. In addition, your actions evince stark disrespect and lack of consideration for your supervisors. In addition, your assertions that you were working every work day between February 23 and March 5, 2015 were submitted and advanced after the fact. You had an obligation to notify your supervisor that you intended to work at a remote site and to obtain approval in advance. You elected not to do so. Your
notice to the timekeeper and to me was in fact retroactive, coming as it did on March 5, 2015, apparently in response to my directive issued to you earlier that day.

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In light of all the facts noted above, and in the absence of any evidence to the contrary, I cannot approve or verify that you worked at a remote site on the dates you cited and I cannot properly certify or verify the work hours as such in the Agency time records. In consideration of the foregoing, I am proposing to suspend you from duty without pay for a period of fourteen calendar days. This action will promote the efficiency of the federal service.

Penalty Analysis and Considerations:

The offenses you committed namely, incurring a period of absence without notification to your supervisor and without making a request for leave is a clear failure to comply with a HHS Leave Regulations. In addition, based on your own assertion, you it
upon yourself to perform work at a remote site, without notification and /or approval from your supervisor and without the benefit of a current telework agreement In doing so, you showed a blatant disregard for the same regulations which you are charged to uphold. As a senior member of management in your role as Regional Administrator, it is expected that you enforce and uphold the Agency’s policies. It is further expected that you will serve as a model for compliance with the same. The manner in which you disregarded these regulations was in violation of the HHS Standards of Conduct and showed your disrespect and lack of consideration for your managers.

I considered the severity of your actions and the effect upon your ability to carry out your duties and responsibilities. Your actions have eroded my confidence in you and your ability to uphold and enforce the leave regulations, which is a requirement of your position as Regional Administrator. In addition, I considered your prior disciplinary record. You sustained a three day suspension in August, 2014 for the charge of Improper Conduct. The instant. proposed action is therefore proper and progressive. I determined that the degree of discipline is !he minimal action necessary to the deficiencies and to serve as a deterrent factor. The proposal is in keeping with the recommendations in the ” HHS Disciplinary Guide”.

You and/or your representative may review the material relied upon to support the reasons for this Notice, by contacting Garfield Tavernier, National Labor Relations Officer at (202) 260-6697, between the hours of 9:00 am and 4:00 pm Monday thru Friday. If you do not understand the reason for this Notice, contact Mr. Tavernier further explanation.

I would like to remind you that the Employee Assistance Program (EAP} provides professional and confidential services to assist employees with a variety of personal issues or problems. If you believe that EAP could be of assistance, you are urged to contact them on 1-800-222-0364.

You and/or your representative may answer this notice within fourteen (14) calendar days of your receipt thereof, either in person or in writing, or both, before Mrs. Marrianne McMullen, at the Aerospace Building, 901 D Street SW, Washington DC, between the hours of 9:00 am and 4:00 pm Monday through Friday. You and/or your representative may also furnish affidavits or written material to Mrs. McMullen within fourteen (14) calendar days of your receipt of this Notice. You will be afforded a reasonable amount of official time for the above purpose,if you are otherwise in a duty status. After the expiration of the time limits for reply, all of the facts, including any reply you or your representative may submit, will be given full consideration before a final decision is rendered. You will receive a written decision from Mrs. McMullen.

Acknowledgement of Receipt

Your signature below is only an acknowledgement of receipt. lt does not indicate your agreement with the content By signing below you will not forfeit any rights you are entitled. Failure to sign will not stay the action.

Thomas Sullivan
(Signature and Date)

BIA issues new ‘Anti-family’ ICWA guidelines –

8 Responses »

Feb 242015

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!

Background Checks in Indian Country Passes Committee

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Feb 042015

Senator Hoeven’s bill “To amend the Indian Child Protection and Family Violence Prevention Act to require background checks before foster care placements are ordered in tribal court proceedings” passed its 3rd reading and will be headed to the floor. It might take a little while to get there as so many other things are being discussed and worked on right now.

Please read the bill and comment. If you have questions, please contact your Senator and ask. It is important for your Senators to know this bill is important to you. If they don’t know anything about the bill, ask them to contact Elizabeth Frei in Senator Hoeven’s office to find the answers you need.

We are concerned about the two year wait to have child protection implemented…but look forward to hearing your thoughts.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Direct Link:

https://www.congress.gov/114/bills/s184/BILLS-114s184is.pdf

[Congressional Bills 114th Congress]
[From the U.S. Government Printing Office]
[S. 184 Introduced in Senate (IS)]

114th CONGRESS
1st Session
S. 184

To amend the Indian Child Protection and Family Violence Prevention Act
to require background checks before foster care placements are ordered
in tribal court proceedings, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

January 16, 2015

Mr. Hoeven (for himself and Mr. Tester) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

A BILL

To amend the Indian Child Protection and Family Violence Prevention Act
to require background checks before foster care placements are ordered
in tribal court proceedings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Native American Children’s Safety
Act”.

SEC. 2. CRIMINAL RECORDS CHECKS.

Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
“(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.–
“(1) Definitions.–In this subsection:
“(A) Covered individual.–The term `covered
individual’ includes–
“(i) any individual 18 years of age or
older; and
“(ii) any individual who the tribal social
services agency determines is subject to a
criminal records check under paragraph (2)(A).
“(B) Foster care placement.–The term `foster care
placement’ means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if–
“(i) the parent or Indian custodian cannot
have the child returned on demand; and
“(ii)(I) parental rights have not been
terminated; or
“(II) parental rights have been terminated
but the child has not been permanently placed.
“(C) Indian custodian.–The term `Indian
custodian’ means any Indian–
“(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
“(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
“(D) Parent.–The term `parent’ means–
“(i) any biological parent of an Indian
child; or
“(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
“(E) Tribal court.–The term `tribal court’ means
a court–
“(i) with jurisdiction over foster care
placements; and
“(ii) that is–
“(I) a Court of Indian Offenses;
“(II) a court established and
operated under the code or custom of an
Indian tribe; or
“(III) any other administrative
body of an Indian tribe that is vested
with authority over foster care
placements.
“(F) Tribal social services agency.–The term
`tribal social services agency’ means the agency of an
Indian tribe that has the primary responsibility for
carrying out foster care licensing or approval (as of
the date on which the proceeding described in paragraph
(2)(A) commences) for the Indian tribe.
“(2) Criminal records check before foster care
placement.–
“(A) In general.–Except as provided in paragraph
(3), no foster care placement shall be finally approved
and no foster care license shall be issued until the
tribal social services agency–
“(i) completes a criminal records check of
each covered individual who resides in the
household or is employed at the institution in
which the foster care placement will be made;
and
“(ii) concludes that each covered
individual described in clause (i) meets such
standards as the Indian tribe shall establish
in accordance with subparagraph (B).
“(B) Standards of placement.–The standards
described in subparagraph (A)(ii) shall include–
“(i) requirements that each tribal social
services agency described in subparagraph (A)–
“(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code);
“(II) check any abuse registries
maintained by the Indian tribe; and
“(III) check any child abuse and
neglect registry maintained by the
State in which the covered individual
resides for information on the covered
individual, and request any other State
in which the covered individual resided
in the preceding 5 years, to enable the
tribal social services agency to check
any child abuse and neglect registry
maintained by that State for such
information; and
“(ii) any other additional requirement
that the Indian tribe determines is necessary
and permissible within the existing authority
of the Indian tribe, such as the creation of
voluntary agreements with State entities in
order to facilitate the sharing of information
related to the performance of criminal records
checks.
“(C) Results.–Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause has been found by a Federal,
State, or tribal court to have committed any crime
listed in clause (i) or (ii) of section 471(a)(20)(A)
of the Social Security Act (42 U.S.C. 671(a)(20)(A)).
“(3) Emergency placement.–Paragraph (2) shall not apply
to an emergency foster care placement, as determined by a
tribal social services agency.
“(4) Recertification of foster homes or institutions.–
“(A) In general.–Not later than 2 years after the
date of enactment of this subsection, each Indian tribe
shall establish procedures to recertify homes or
institutions in which foster care placements are made.
“(B) Contents.–The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure–
“(i) the safety of the home or institution
for the Indian child; and
“(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a criminal records
check in accordance with this subsection,
including any covered individual who–
“(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
“(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
“(C) Guidance issued by the secretary.–The
procedures established under subparagraph (A) shall be
subject to any regulation or guidance issued by the
Secretary that is in accordance with the purpose of
this subsection.
“(5) Guidance.–Not later than 2 years after the date of
enactment of this subsection and after consultation with Indian
tribes, the Secretary shall issue guidance regarding–
“(A) procedures for a criminal records check of
any covered individual who–
“(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
“(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
“(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual–
“(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
“(ii) is listed on a registry described in
clause (II) or (III) of paragraph (2)(B)(i);
“(C) promising practices used by Indian tribes to
address emergency foster care placement procedures
under paragraph (3); and
“(D) procedures for certifying compliance with
this Act.”.

Letter to Eric Holder, re: His ICWA Statement at WH Tribal Nations Conference, Dec 3, 2014

5 Responses »

Dec 052014

U.S Attorney General Eric Holder Vowed to give Permanent Jurisdiction of Multi-racial Children Across the Nation to Tribal Governments on Wednesday, December 3, 2014.

In reference to the Indian Child Welfare Act, he stated,

…“We are partnering with the Departments of the Interior and Health and Human Services to make sure that all the tools available to the federal government are used to promote compliance with this important law.”
And “… because of the foundation we’ve built – no matter who sits in the Oval Office, or who serves as Attorney General of the United States, America’s renewed and reinforced commitment to upholding these promises will be unwavering and unchangeable; powerful and permanent.”

(READ his remarks in full here – https://caicw.org/2015/05/18/attorney-general-eric-holders-dec-3-2014-remarks-in-full/#)

He made this vow in remarks during the White House Tribal Nations Conference in Washington, DC. Below is a response from a Parent – the Chair of the Christian Alliance for Indian Child Welfare.

Attorney General Eric Holder;

Re: Your statement during the White House Tribal Nations Conference, Dec. 3, 2014, in regards to the Indian Child Welfare Act.

What is consistently left out of the ICWA discussion is the civil rights of United States citizens of every heritage – those enrolled in tribal communities and those who are not – who do not want tribal government interference in their families. Shortsighted placation of tribal leaders ignores these facts:

1. 75% of tribal members do NOT live in Indian Country
2. Most families falling under tribal jurisdiction are multi-racial, and
3. Many families have purposefully chosen to raise their children with values other than those currently popular in Indian Country.

Federal government does not have the right to assign our children to political entities.

Further, federal government does not have the right to choose which religion, customs or traditions a child should be raised in. This holds true for children who are 100% a certain heritage, let alone children who are multi-heritage. It holds true because we are a nation that respects the rights and freedoms of every individual citizen – no matter their heritage.

Please recognize that while we agree with you that “any child in Indian Country – in Oklahoma, or Montana, or New Mexico – is not fundamentally different from an African-American kid growing up in New York City” – neither is any child fundamentally different from a Hispanic Catholic, German Jewish, or Irish Protestant child growing up in any U.S. city or rural town. In fact, most enrollable children in America have Caucasian relatives – and many live with their Caucasian relatives. My own enrolled children are no different from their fully Caucasian cousins or their cousins with Filipino heritage. Children are children – with fundamentally the same emotional and physical needs. We agree 100% with you.

We also agree no child “should be forced to choose between their cultural heritage and their well-being.” Tragically, that is the very thing federal and tribal governments are doing to many of these children.

Enrollable children – and at times even children who are not enrollable but are targeted by a tribal government anyway – are currently forced to accept what is purported to be their cultural heritage – at the expense of their safety and well-being. This has even been done under the watchful eye of the Justice Department, as in the case of 3-year-old Lauryn Whiteshield, murdered in 2013.

Concerning your directive regarding cultural heritage, the federal government does not have the right to mandate that my children and grandchildren – or any of the children whose families we represent – be raised in a home “suffused with the proud traditions of Indian cultures.” As parents, my husband and I had a right to decide that our children’s Irish Catholic, German Jewish, and “American” Evangelical heritage is all equally important. It is the parent’s choice, not the government’s, as to how our children are raised (Meyer vs. Nebraska, 1923; Pierce vs. Society of Sisters. 1925)

My name is Elizabeth Sharon Morris. I am the widow of Roland John Morris, a U.S. citizen of 100% Minnesota Chippewa heritage who was born and raised on the Leech Lake Reservation, speaking only Ojibwe until he started kindergarten. I am the birth mother, grandmother, foster and adoptive mother to several enrolled or eligible members, and an aunt and sister-in-law to dozens. Our home was an accepted ICWA home for 17 years and we raised over a dozen enrolled children in it.

I am also the Chairwoman of the Christian Alliance for Indian Child Welfare, a national non-profit founded by my husband and myself in 2004. CAICW represents children and families across the nation who’ve been hurt by federal Indian policy – most notably ICWA – and who, as U.S. citizens, do not want tribal government control or interference in their families.

The facts are:

1) According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country. Many, like our family, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system. These families do NOT want their children turned over to tribal authorities under any circumstances – and having made a decision to disassociate, should not have to live in fear of their children being placed on the reservation if the parents should die.
2) The abuses at Spirit Lake in North Dakota are well known, but it is also known that Spirit Lake is just a microcosm of what’s happening on many reservations across the country.
3) Gang activity involving drugs is heavy and rampant on many reservations. My husband’s grandson was shot and left for dead at Spirit Lake in July, 2013. To date, your Justice Department, which you’ve highly praised for its work in Indian Country, has not charged anyone for the shooting despite family knowledge of who was involved in the altercation. Many children have been dying within Indian Country whose names don’t make it to the media – and for whom justice is never given.
4) These abuses are rampant on many reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.
5) Many, many times more children leave the reservation system in company of their parents, who have been mass exiting – than do children who have been taken into foster care or found a home in adoption. But tribal leaders won’t admit many parents consciously take their kids out of Indian Country in attempt to get them away from the reservation system and corrupt leaders. It makes a better sound bite to blame evil social services
6) There are many documented cases of children who have been happy in homes outside of Indian Country and who have fought being moved to the reservation, and who have been severely traumatized after being forced to do so. Many in federal government are aware of these children but, as done with the reports of ACF Regional Director Tom Sullivan, have chosen to ignore them.

It is claimed the cause of crime and corruption in Indian Country is poverty and “Historical Trauma,” and that additional funding will solve the problems. Yet, crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money.

It’s time to stop listening to those with vested financial interest in increasing tribal government power, and admit the physical, emotional, sexual and financial abuse of tribal members by other tribal members and even many tribal leaders.

Every time power to tribal leaders is increased, tribal members – U.S. citizens – are robbed of civil freedoms under the constitution of the United States. Equal Protection is a constitutional right.

To better protect children, we need to:

A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.

• When summoned to a tribal court, parents and legal guardians need to be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Further, parents involved in any child custody proceeding should have a right to object to tribal jurisdiction. Many tribal members don’t take things to tribal court because they don’t expect to get justice there. For the Justice Department to deny this reveals the Justice Departments willingness to ignore how many tribal courts factually work.
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

E. Include well-defined protections for Adoptive Parents equal to protections afforded families of every heritage.
F. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family and is able to advocate for the well-being of the child, first and foremost – not tribal government.
G. Because it is claimed that tribal membership is a political rather than racial designation, parents, as U.S. citizens, should have the sole, constitutional right to choose political affiliation for their families and not have it forced upon them. Only parents and/or legal custodians should have the right to enroll a child into an Indian Tribe.

• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”

Thank you for your willingness to hear our concerns and take action to protect our children and grandchildren from further exploitation.

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

Cc: Tracy Toulou, Director, Tribal Justice
Members of Congress

Tom Sullivan’s Response to ACF Superior Ms. McMullen, (July 1, 2014)

1 Response »

Jul 052014

July 1, 2014

Ms. Mcmullen:

It is unfortunate that neither the leadership of my agency nor my department had the courtesy to inform me that I had been invited by the House Subcommittee on Indian and Alaska Native Affairs to testify about conditions on the Spirit Lake Reservation at the Subcommittee’s Hearing on June 24, 2014.

Associate Commissioner Chang’s testimony was, at best, confusing where it was not false. In the second sentence of her prepared testimony she speaks about the Administration’s concerns about child safety and well-being at Spirit Lake. Finally, after more than two years, 13 Mandated Reports and numerous emails to ACF leadership about the lack of safety for Spirit Lake kids, someone, other than me, is saying safety of children is of concern. Of course that contradicts an exchange I had with Mr. McKearn, Director of the Office of Legislative Affairs and Budget for ACF, back in July, 2012 when I was told that the safety of kids at Spirit Lake was not a priority. I guess the leadership of ACF never has to explain their position nor apologize when that position is proven wrong.

Ms. Chang’s claim that BIA has addressed, “…most notably the safety checks prior to placement” is simply false. If the BIA had addressed the safety checks prior to placement, Laurynn Whiteshield would be alive today, soon to celebrate her fourth birthday with her twin sister, Michaela. Instead she has been in the ground for more than a year, dead at the hands of her step-grandmother, who, it was well-known by most families on Spirit Lake, beat and abused her own children so badly they were removed from her home.

Ms. Chang goes on with the assertion about the strengths at Spirit Lake, saying, “Perhaps the most important strength is the commitment of the new leadership under Chairman McDonald and the work of the BIA.” Early on in this process the BIA and Tribal leadership were presented a list of 137 children who were in uncertain placements or unaccounted for at that time. At the Subcommittee Hearing Ms. Merrick-Brady, the Acting Director of Spirit Lake’s Tribal Social Services, explained that 66 children had been found and accounted for. That means that after 13 Mandated Reports, numerous detailed, factual emails about continuing abuse of children at Spirit Lake, 21 months after the BIA Strike Team arrived with much fanfare and ten months after Chairman McDonald was elected Chair there are still more kids unaccounted for than accounted for. How many of these unaccounted for children have been trafficked into the man camps of the Bakken oil fields, just a few hours down the road from Spirit Lake? If the safety of the children of Spirit Lake is our top priority, this performance should be called what it is, “weak and inadequate”.

Most witnesses at congressional hearings are told that if they don’t know the answer to a question, there is no problem in saying so and offering to provide the information requested in a few days. When asked a question about how often I had been at Spirit Lake, Ms. Chang seemed eager to offer her lying answer, saying that I had never been there, giving the impression we had discussed that question just the night before. Ms. Chang has never sought me out to ask me any question of any kind. Why would a woman of her stature lie so blatantly about me? Was she seeking to tarnish my reputation? As I cautioned the Spirit Lake Chair in an email last week, quoting the late Daniel Patrick Moynihan who frequently said, “Everyone is entitled to their own opinion, but not his own facts.”

I have been to Spirit Lake three or four times in the last four years. Prior to that time each year I routinely met a couple of times a year in Bismarck with all of the child welfare directors from the four North Dakota reservations. I attended their meetings, spoke when asked and sought to assist them to develop more productive relationships with state human services staff to assist them in reducing their caseloads per worker to the levels prevalent in the majority community.

Thomas F. Sullivan Regional Administrator, ACF, Denver

Tom Sullivan’s Response to Chairman McDonald’s Hearing Testimony

1 Response »

Jul 052014

June 25, 2014

Chairman McDonald:

It was quite interesting to listen to your testimony and response to questions yesterday. I was reminded of the famous quote from the late Daniel Patrick Moynihan, who frequently said, “Everyone is entitled to their own opinion, but not his own facts.”
There were three points where your opinions expressed as facts are so egregious that I must respond specifically to each of them.

First, you claimed that, during our meeting here in Denver in early April of this year, you had offered me a job at Spirit Lake. This subject never came up during my conversation with you. If it did, I would be prohibited under federal conflict of interest requirements from accepting such a post-federal employment position.

You are Chair of the Spirit Lake Council because the prior Chair was removed due to the community’s perception he was totally ineffective in dealing with the child protection issues at Spirit Lake. When we met you had been Chair for 7 months and as far as my sources and I were concerned we saw no discernible improvement in the safety of the Spirit Lake children who I had been complaining about, at that time, for 22 months. My sources have been complaining about the treatment of Spirit Lake children for several years before I arrived on the scene.

I learned just last week that, by your silence, you are apparently endorsing a tribal judge’s refusal to extradite a Level 3 Sex Offender, who has already served a lengthy sentence for his vicious rape of a teen girl, to Ramsey County to stand trial on four felony indictments for child sexual abuse. You failure after seven months in office, to protect the children who had been moved into the full-time, unsupervised care and custody of addicts, abusers and rapists where they are available to be raped daily, I believe, is unconscionable and, if the subject of employment had been raised, would have elicited an extremely loud negative response from me, a response that would have been heard not only by you but also by anyone within 30 feet of our conversation. Under no circumstances would I allow my character and integrity to be used as a cover for your failures to effectively address the abuse and rape of Spirit Lake children. Did you think that somehow you could shield yourself from public scrutiny by hiding behind my well-known reputation for integrity and honesty built over more than 45 years of professional experience, much of it spent rooting out abusive situations such as you seem to wish to protect? Your continuing refusal to speak publicly against your tribal judge’s refusal to extradite this violent rapist moves you, I believe, into the ranks of the criminally corrupt.

I have spoken to a good friend, a long-time tribal council-member from another state in this region, who knows you and who was horrified at your willingness to shield this rapist from trial in Ramsey County and who also said he would try to speak with you about the foolhardiness of your position.

Second, you claimed that during our meeting you had asked me why I had not filed any 960s with the appropriate tribal offices and claimed I had no answer. I told you that I had been receiving widespread complaints from Indian Health Service employees, former Tribal Social Services staff, former Tribal court staff, all stating that when they filed 960s they were ignored and thrown away, that no action was taken on them no matter how serious the problem complained of was. I went on to tell you that under these circumstances I believed it was unlikely that anything different would happen to any 960 that I filed. You have to admit that if I had not filed 13 Mandated Reports, but instead only filed 960s, yesterday’s hearing probably would not have happened.

Third, you claimed that during our meeting you asked me why I had not responded to your letter to me and claimed that I had no explanation. During our meeting I explained to you that when I received and saw your letter in my Denver office, Ms. Mcmullen had already pre-empted my response with a response of her own. Somehow, your letter to me took several days longer to arrive in Denver than it took to get to her in Washington, DC. The US Postal Service is full of surprises but I believe you followed the practice of your predecessor who when he sent a letter addressed to both the Acting Assistant Secretary, based in Washington, DC, and to me, he held mine for several days so that, his complaints about my efforts to address the child abuse, rape and torture of kids at Spirit Lake, at least for a few days would go unchallenged by me since I knew nothing about his complaints. I told you I believed you were doing the same thing and that I found that offensive. You had no response to my reconstruction of what you had done. I also told you that since Ms. Mcmullen had responded to your letter to me so promptly, effectively removing me from any substantive involvement with issues at Spirit Lake, no response from me was appropriate.

I trust that in the future you will exercise more care in your future statements about me so that you differentiate more precisely between what is fact and what is only your opinion.

Thomas F. Sullivan Regional Administrator, ACF, Denver

TESTIMONY: CHILD PROTECTION AND THE JUSTICE SYSTEM ON THE SPIRIT LAKE INDIAN RESERVATION:

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Jul 052014

Chairman Don Young, Congressman Kevin Cramer, and other distinguished committee members, I want to thank you for this opportunity to address child protection and the justice system on the Spirit Lake Reservation.

My name is Elizabeth Sharon Morris. I am the widow of Roland John Morris, a U.S. citizen of 100% Minnesota Chippewa heritage who was born and raised on the Leech Lake Reservation, speaking only Ojibwe until he started kindergarten. I am the birth mother, grandmother, foster and adoptive mother to several enrolled or eligible members, and an aunt and sister-in-law to dozens. I was an accepted ICWA home for seventeen years.

I am also the Chairwoman of the Christian Alliance for Indian Child Welfare, a national non-profit founded by my husband and myself in 2004. CAICW represents children and families across the nation who have been hurt by federal Indian policy – most notably the Indian Child Welfare Act – and who, as U.S. citizens, do not want tribal government control or interference in their family’s lives.

Our interest in Spirit Lake stems from not only having been contacted by several Spirit Lake residents asking for our help and prayers, but from a very personal level as well. My husband’s 16-yr-old grandson was shot and left for dead in a field at Spirit Lake on July 26, 2013. To this date, no one has been charged for the attempted murder of my husband’s grandson.

Family members have their own story of what happened and who shot him, but just as with so many traumatic abuses happening at Spirit Lake, Leech Lake, Red Lake, White Earth, Pine Ridge, Standing Rock, Cheyenne River, Flathead Lake, Blackfoot, Warm Springs, and many other reservations – family talk is all there is. Violent crime goes often unreported, or when it is reported, nothing is done. While details of the shooting of my husband’s grandson remain unclear, the fact is that another child was hurt in the ongoing violence without anyone being charged for it – despite Spirit Lake being under the direct oversight of the BIA, FBI and U.S. Attorney. We look forward to and request an investigation into the real facts.

Drug and Gang Activity:

The family talk is that Jr. possibly stole drugs or money from his father, who is a member of a Minneapolis gang dealing drugs on the Spirit Lake Reservation. The two started physically fighting in the field, and family members report that Jr. was “getting the best” of his dad when he was suddenly shot. It is unclear whether it was his Dad or uncle who shot him.

Some might say that Jr., nearly an adult, asked for trouble. Others point out that his Dad is a member of a gang, selling drugs openly at Spirit Lake despite the ongoing presence of the BIA, FBI, and U.S. attorney – and that Jr. is another young person caught up in the climate of crime and violence so many children are threatened with in Spirit Lake and other reservations.

A 2013 ABC news article about gang activity on reservations reported:

“In the latest case, investigators said they were targeting a criminal enterprise that used intimidation and violence to maintain power. Prosecutors said the case was important not only because of its size, but because the racketeering charge is rarely used against gangs.

“The 2011 National Gang Threat Assessment called the Native Mob one of the largest and most violent American Indian gangs in the U.S., most active in Minnesota and Wisconsin but also in Michigan, North Dakota and South Dakota. It is made up of mostly American Indian men and boys, and started in Minneapolis in the 1990s as members fought for turf to deal drugs. The Native Mob is also active in prison.

“The Native Mob had about 200 members, with a structure that included monthly meetings where members were encouraged to assault or kill enemies, or anyone who showed disrespect, according to the indictment. Authorities said McArthur would direct other members to carry out beatings, shootings and other violent acts to intimidate rivals.”(KARNOWSKI, 2013)

Jr’s Dad was arrested and jailed for two days, but then released. As far as the Leech Lake family knows, nothing has happened since.

Misrepresentation of the Needs of Children:

So much for what many tribal leaders, along with their friends at the Casey Foundation, NARF and NICWA, glowingly refer to when they say family is the “single most important mechanism of [Ai/AN] culture.] (Cross, 1995a, p. 3) and separation most assuredly endangers the child.

It is these very organizations that, in our experience, are a huge part of the problem in Indian Country as they continually infer that leaving children in dangerous homes on the reservation rather than providing them with safety and stability is not only better for the children – but somehow an inherent need.

They advocate leaving defenseless children in dangerous situations, arguing that only tribal government truly knows what they need and can care for them. They have convinced society that interference is akin to child abuse on the rescuers part – and possibly even a form of genocide.

This argument is made even if the tribal government does not have a working system to care for the children. This argument is made so often and so forcefully that it is believed, even as real evidence shows to the contrary.

A July 12, 2013, commentary in North Dakota papers, attorneys rebuked a local politician’s outcry over the murder of Spirit Lake 3-year-old Lauryn Whiteshield. Rushing and Moddelmog stated, “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.” (Moddelmog, 2013)

The study referred to by Mr. Rushing and Mr. Moddelmog, just as with a 2012 NPR series purporting to investigate ICWA abuse (Ombudsman, 2013), was seriously flawed and came to extremely questionable conclusions. Tribal government 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.”

Interestingly, without any concern for psychological effect, ICWA is frequently used to remove children from non-Indian homes that better reflect the cultural heritage they are most comfortable with (ethnicity does not determine cultural heritage) than a home on the reservation.

It is also often claimed that Native American children do not need to live “by European Standards.” In 2006, an attorney for the Tohono O’odham Nation of Arizona, in attempt to justify taking children from a home they loved and placing them in a potentially unsafe home with strangers, claimed in an Arkansas court that Native American children don’t need beds and are content sleeping on floors. (Morris, 2007)

That statement is not only offensive and insulting, but untrue. Again, as a mother and representative of many families, I can attest that most of the children we are connected to would prefer a bed over a floor. Sometimes in our family’s chosen poverty, our children have slept two to a bed – but they would rather that than sleep on the floor.

Rushing and Moddelmog conclude with 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.” They neglected to quote comparison percentages for children raised in foster care chosen by tribal government. Further, these children were fostered due to abuse, neglect, or abandonment. Many suffer with fetal alcohol related issues. How can one assume the sole reason for struggle is due to non-native homes?

This line of reasoning appears to be believed even as it flies in the face of common sense. There is factually no DNA to make children need a particular heritage or upbringing. In fact, the Human Genome Project has proven that no separate classifiable subspecies (race) exists within modern humans. In other words, there is no genetic racial difference between a person of Indian heritage and a person of English heritage. There exists only familial genes for facial structure, hair texture, eye color, and similar individual traits. This means it impossible for any entity to know the emotions and needs of a child if they do not have active knowledge of or relationship with that particular child.

Therefore, there is nothing a tribal social worker inherently knows about a child simply due to the child’s ethnic heritage. This includes children of 100% heritage who have been raised totally apart from the tribal community. A qualified expert witness needs to be someone who has not only met the child, but has worked with the child, is familiar with and understands the environment the child has thus far been raised in, and has professional experience with some aspect of the child’s emotional, physical or academic health. This is far more important than understanding the customs of a particular tribe.

To believe that one group of children is inherently more comfortable with and accepting of less safety and security than any other group of children is the epitome of racism. Believing such things might make it easier for federal government officials to deal with the human crisis on many reservations, but it is not unlike the degrading claims made against persons of Jewish heritage as part of Nazi rationale for putting them in slums. It is shocking that these unfounded assertions are coming from tribal leaders and their supporters – the very people who claim to represent the best interest of U.S. citizens of Native American heritage.

This is a huge disservice to the well-being of children – including my own and those we represent – who are individuals, not tribal assets, and who have their own voices, feelings, thoughts, goals, motivations and needs – none of which appear to be described accurately by these entities.

As the birth mother to several children of heritage, I strongly attest that my children have needed and thrived on safety, stability, and love. Like most people, they have had some interest in the various heritages of ancestors, but there has been no inherent need to be raised within Native American culture any more than that of their German Jewish or Irish Catholic heritages.

As the chairwoman of an organization representing families across the country – I attest the same for the families we represent. Safety, security and love are the vital needs of their children.

Former ND Lt. Governor Lloyd Omdahl stated in a July 1, 2013 news commentary that ICWA is “sacrificing children to protect the heritage of the tribes.” This appears to be the case every time tribal sovereignty is used as the reason to keep a child in dangerous home rather than choose a non-tribal home. (Omdahl, 2013)

Lauryn Whiteshield of Spirit Lake is one example. Other examples around the country include:

1. A Detective in Bonney Lake, WA, was forced by ICWA social workers to leave a toddler he’d been raising at the home of suspected drug dealers. The child was forced to stay there about 6 months before he was moved somewhere else. (Belford, 2012)
2. Because social workers believed ICWA demanded it, the Rodriguez boys of California were taken from the home of Hispanic grandparents and placed with their maternal grandmother on the Ute Reservation – a woman who’d abused and lost custody of her own kids. Within three weeks, the oldest was permanently brain damaged from being beaten. (Smart, 2004)
3. Sierra McGaughey, who joined us in DC in February, 2013, told Congressional staff she was torn from a safe home outside the Leech Lake reservation at the age of nine and placed in a relatives’ home, where she was given to a man as a sexual partner. She begged to return to where she felt loved, but wasn’t allowed to until she tried to hang herself at age 16. (Tevlin, 2013)

These are just some of the many stories.

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.”

Changing Demographics:

Criminal elements have taken over whole communities on many reservations because state and county law enforcement can’t reach them as easily within reservations boundaries. Further, casino money on reservation land is more profitable, and money can be made with drugs on the reservation. As these criminal elements moved in, many non-criminal tribal members have purposefully taken their families and moved out.

According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country – and many, like our families, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system.

As a result, it isn’t just the lack of licensed foster homes plaguing Spirit Lake and other reservations – it is the inability to meet the mandates of the Indian Child Welfare Act in the form of safe, willing, relative homes. The lack of safe homes of relatives is what brings tribal governments to make placement in the homes of unsafe relatives.

– Thomas Sullivan concerning unsafe relatives:

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

“In these 8 months I have filed detailed reports concerning all of the following:
1. 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.

2. 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.

3. 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? (Sullivan, 2013)”

Why had NICWA, NARF, NCAI and the Casey Foundation – all of whom make a large amount of money off what we have begun to call the “Indian industry” – not noticed that these children were living in such dangerous circumstances? What action did they take to get these children into immediate safety? How many children on other reservations is this happening to?

JULY 2014 NOTE:
– An attempt appeared to be made to discredit Mr. Sullivan during the oversight hearing Jun 24, 2014. It was claimed, for example, that he had never been to Spirit Lake Reservation, or at the least, was there only once 6 years ago, when in fact he had been there 3 or 4 times in the last 4 years (See attached July 1st letter). It was further omitted that he’d attempted to go meet with members of Spirit Lake in August of 2013 at the request of said members, who attested he was the only one they trusted to talk to. But his superiors in DC refused his travel request. (See attached email correspondence between Mr. Sullivan and ACF Superiors.)
– On July 3, 2014, Mr. Sullivan sent a letter to his superior expressing disappointment that he had never been informed by ACF that he had been invited to testify at the oversight hearing on June 24, 2014. (See attached June 25th letter)

Many families who have consciously left the reservation system in order to raise their children in a healthier setting have also become – due to the Indian Child Welfare Act – overly burdened with the need to raise the children of extended family members who had not left the system.

ICWA has scared some of us into taking children into our homes out of fear of what will happen to them if we don’t.

We were one of those families, overwhelmed raising four troubled grandchildren along with our five, but retaining custody of the four out of fear of what the tribal government might do with them.

All four grandchildren in our home suffered from varying degrees of fetal alcohol as well as some crack exposure and desperately needed was a loving, therapeutic home of any heritage. The “race” of the home should have been irrelevant in the face of their need for structure and strong, nurturing guidance. They were not given that gift.

In early 2013, I was asked to take a niece’s child. I was first asked to take him when he was just a few weeks old but declined at the time. I received several more calls about him throughout 2013, and was finally called in December by an ICWA worker from Leech Lake. I was later told by a county worker that I was the last hope and if I didn’t take him, he would be placed in the home of a relative where another child had died. So, of course I considered taking the now 14 month old baby. But after lots of thought and prayer, I decided I just can’t go through that again – taking a child out of fear. It had been too emotionally difficult. So after being assured they would not place him in the home they had mentioned to me, that they would keep me in the loop as to what was happening and that I could always change my mind if things went south for him, I gave them the final answer “no.”

This is the ridiculousness of the current situation for many children of tribal heritage. The county as well as the tribal ICWA worker, in this case, were considering placing a baby for adoption with a 53-yr-old non-native widow (me), rather than allowing the child to be adopted by a non-native father and mother who were a healthy, twenty years younger, and actively looking to raise a child.

What all these children have needed – but weren’t allowed to have – was licensed, trained, loving foster or adoptive homes that were open and ready to take them.

Many children at Spirit Lake and on other reservations, like it or not, are suffering from drug and alcohol exposure and need the gift of homes that can deal with the complex issues that come with that. In our extended family, we have several fetal alcohol adults raising fetal alcohol children. There is no wonder so many in the community struggle. The effects of alcohol on the brain are well-documented in relation to impulsivity and fearlessness of consequences. It’s time to quit putting our collective heads in the sand, pretending all of today’s issues are totally “the white man’s fault”. There is a whole lot more going on than just that.

Frankly, many in our extended family and those we represent in our organization do not know what NICWA, the Casey Foundation and others are referring to when they claim “formal foster care services are still foreign to Indian culture” (Cross, 1995b, P. 3) – as if our children are locked in some time warp.

What some in the tribal elite describe as the emotional needs of children with Native American heritage do not reflect our children at all. If they are unable to accurately describe the needs, thoughts and feelings of our children, they are most certainly unable to speak for them.

Why are Tribal Governments doing this?

According to Chrissi Nimmo, assistant attorney general for the Cherokee Nation, in 2012 the Cherokee Nation alone had over 100 attorneys targeting about 1,100 active Indian Child Welfare cases involving some 1,500 children across the nation.

Across America, children who had never been near a reservation nor involved in tribal customs, some with extremely minimal blood quantum – as well as some with maximum quantum – have been removed from homes they know and love and placed with strangers chosen by tribal governments.

What has become apparent is that several tribal governments have made control over children paramount. The child’s best interest has become secondary to a belief that tribal government has an inalienable right to whatever child they deem “theirs.” Some tribal governments, once they have decided they want a particular child, appear to pursue that goal whether or not there is an appropriate home available. Once obtained, the child is placed with whomever is willing to take them.

Federal dollars are connected to the U.S. Census and tribal rolls and tribal governments benefit financially from increased membership.

– According to Jack C. Jackson, Jr., Director of Governmental Affairs, National Congress of American Indians, “…American Indians and Alaska Natives have a significant stake in the outcome of the 2000 census…A significant portion of this federal aid is based on the information collected in the census.” (Jackson, 1999)

– According to the Administration For Children and Families, “Tribal Child Counts – For funds that become available in FY 2008, ACF will calculate grant awards based on the number of children under age 13. A Tribe must submit a self-certified Child Count Declaration for children under age 13 (not age 13 and under), in order to receive FY 2008 CCDF funds.”…“Levels vary from year to year. Child count does not reflect the number of children who actually receive services.” (ACF, 2007)

– According to QUILT, “Originally, ACF used existing, nationally published data for children under 16 … as the basis for tribal child counts. The change to self-certified counts of children under 13 was challenging for many Tribes …the Child Care Bureau gradually implemented the self-certification process over a number of years. (Quilt, 2004)

It is common sense that abuse happens when you put a price on people’s heads. Abuse happens when humans are put in the position of chattel.

Our organizations experience with Spirit Lake:

1. A Spirit Lake grandmother sent us a picture of her little girl and said the girl is living in the home of a sexual offender and is being abused, but her attempts to talk to Spirit Lake tribal social services about it have been met with hostility. She faxed what appears to be some documentation from the off-reservation Devil’s Lake Police and social services in the past. (attached)

2. I attended the Spirit Lake town hall meeting in February, 2013, where one member after another stood up to tell the panel of tribal and federal officials tragic stories of abuse, and how they had tried to get tribal police, the BIA and the U.S Attorney to pay attention and do something. As they told their stories of continuing abuse of children, officials on the panel claimed that everything that can be done, has been done. “Investigations take time” U.S. Attorney Tim Purdon said over and over.

• Concerning the many reports of abuse that Sullivan had written to his superiors, U.S. Attorney Purdon claimed at the town hall meeting that Sullivan had “misrepresented the facts. Mr. Purdon failed to realize when saying this – that he was saying it to the very people who had been reporting the abuse to Sullivan.

• An elder got up at the end of the meeting and tried to tell the panel about abuse she had witnessed, but was shushed by the tribal chair and not allowed to speak. He said, “We all know your story already. Tell it to someone after the meeting.” He closed the meeting without her telling her story. As I rose to leave, I asked others around me what it was she had been trying to say. They said she had seen a 6-year old and 8-year old having anal sex on her front lawn. She called the police, but no one ever came to take her story. To that day at the meeting, law enforcement had never taken her story. The children were related to a council member. A few days later after the hearing, the children were seen on a school bus involved in another sexual act with each other. The tribal chair had stated that everyone knew her story. If so – why was nothing ever done?

3. In June 2013, we were asked to write about and post the story of 3-year-old Lauryn Whiteshield, who, under the BIA and US Attorney’s watch was murdered after having been taken from a safe home in Bismarck and placed with her grandfather, who was living with a woman known to abuse children. The woman abused both her and her twin sister and murdered this little girl within a month of her arrival. This case did get media attention in North Dakota, and as a result, the perpetrator was quickly arrested, tried, convicted and imprisoned all within five months. Jeanine Russell, the non-native foster mom for the surviving twin, was asked by the FBI to write and read a victim’s impact statement for the sentencing of Hope Whiteshield, the murderer of Lauryn. We were told she asked the judge to hold her accountable but also hold a broken system accountable. She talked about the lost life of a little girl but also how the federal governed allowed it to happen, and said ICWA can be an evil law when twisted to fit the tribes wants or needs. That said, Spirit Lake is just a microcosm of abuse that appears widespread in Indian Country. About the same this happened to these twins in North Dakota, the same thing was happening to twin boys in South Dakota. As of this writing, no one has been convicted for the murder of that twin boy, although we are told much evidence points to the father.

4. Two foster mothers have written to us, concerned for the Spirit Lake children they were caring for and asking for our help to keep those children safe.

5. A birth mother who is an enrolled member of Spirit Lake contacted us in June, 2014, asking for help as she prepared to go before tribal court.

6. A law enforcement officer connected to Spirit Lake, who asked to remain anonymous, contacted us just prior to the June 24th oversight hearing to tell us additional stories of abuse and his concern that in many cases, he and others have felt their hands were tied having to submit to whatever the tribal government wanted done with abused children or other victims.

It is impossible for us to wrap our heads around how and why this can continue to be allowed. How can our country – our government – stand by while a certain segment of children are routinely abused?

Our Congress didn’t stand by when the best interest of children in Russia was in question. Late Tuesday night, January 1st, 2013, the U.S. Senate unanimously passed S. Res. 628, expressing disappointment over a Russian law banning adoption of children by American citizens. Senator Inhofe, one of two Senate Co-chairs of the Congressional Coalition on Adoption, stated,

“It is extremely unfortunate and disheartening that the Russian Duma and President Putin would choose to deprive the children, the very children that they are entrusted to care for, the ability to find a safe and caring family that every child deserves…It is nothing more than a political play…that ultimately leads to greater hardships and more suffering for Russian children who will now be denied a loving family.”

CCA Members of Congress have also sent a bi-partisan letter to President Putin urging him to veto the legislation, stating,

“We fear that this overly broad law would have dire consequences for Russian children…Nothing is more important to the future of our world than doing our best to give as many children the chance to grow up in a family as we possibly can.”

Further, on June 30, 2014, U.S. President Barack Obama stated in a letter to Speaker John Boehner that the children crossing our southern border are an urgent humanitarian situation and the U.S. has a legal and moral obligation to make sure they are appropriately cared for.

That being the case, and Native American children already wards of the United States government, why has so little been done to alleviate the humanitarian crisis within our reservation system?

Cause?

We are told the cause of crime and corruption in Indian Country is poverty and “Historical Trauma,” and that additional funding will solve the problems. Yet, crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money.

Despite claims by tribal leaders and entities such as NICWA, NARF and Casey Foundation, our families don’t suffer from “Historical Trauma.” If my personal family were to suffer from any type of historical trauma, it would more likely be due to relatives dying in the Holocaust in Germany.

However, if any in my immediate family, other than my father who experienced it, were to exhibit trauma related to the Holocaust, it would likely be regarded as unhealthy. Prolonged, delayed, or otherwise unresolved grieving over a long period of time is considered unhealthy – even more so if the trauma occurred to someone else, was not witnessed by oneself, and didn’t even happen in one’s lifetime.

We further disagree with the offensive premise by many that low income is the cause of crime simply because some people with little income have committed crime. Persons with middle incomes and even extremely high incomes have been known to exhibit criminal behavior as well. Criminal intention comes from within the heart, not outside of it.

Lastly, tribal members are not permanently destined to be forever victims, forever in need of government assistance. The very suggestion is profoundly insulting and paternalistic.

We all have varied choices in how we live our lives. Interestingly, many of U.S. citizens of Native American heritage have purposefully chosen not to live under the auspices of tribal and federal government – nor in the limited “cultural” box defined by entities such as NICWA, NARF and the Casey Foundation – despite the many attempts by these organizations to close people into that box.

It is often hard to hear the true voices of many tribal members. If there is one thing that seems to run culturally, it is the choice to remain relatively silent in the face of tribal government corruption. But social media has been opening people up across the nation. Note this public Facebook post by a tribal member on Friday, June 27, 2014. It is similar to what our organization hears from affected people every day…

Leech Lakers Unite
Good evening to all of you. Thank you for all your comments. There are many issues that seem so fixable if we would have one person willing to stand up and be the voice for the people and lead by example at the RBC level. We all see and know of individuals who are using company cars for their personal use. Driving their families and friends around. Yet even when employees are not held accountable for killing with tribal owned vehicles our infamous RBC still allows some to drive company vehicles. The white laws are the only ones holding these men accountable. Where is a public apology to these families from our leaders. Robbie Howe now wants severance huh? She already got her severance when she got paid for not coming to work. If she gets one, you can thank our so called leaders for that. We hear she is sick and if this is the case and it stopped her from performing her daily job functions she should have stepped down and our joke of a Chair, Carri and Secretary/treasurer should have asked her to step down. Here they come, Archies crew. Mike Myers, non band member. Randy Finn and Frank Bebeau, another non band member who has never won a single case for Leech Lake EVER! Yet has Archies loyality. It will never change people until you demand more out of of so called leaders. Vote count was lower and bravo to all of you who made a statement by not voting in someone you dont believe in. You should check and see if your name was used illegally just in case.

The facts are:

1) According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country – and many, like our families, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system.
2) The abuses at Spirit Lake in North Dakota are well known, but it is also known that Spirit Lake is just a microcosm of what’s happening on many reservations across the country.
3) Gang activity involving drugs is heavy and rampant on many reservations. There are children dying within Indian Country whose names don’t make it to the media – and for whom justice is never given.
4) These abuses are rampant on many reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.
5) Many, many times more children leave the reservation system in the company of their parents, who have mass exited – than do children who have been taken into foster care or found a home in adoption. But tribal leaders can’t admit many parents are consciously taking their kids out of Indian Country in attempt to get them away from the reservation system and corrupt leaders. It makes a better sound bite to blame it on evil social services

It’s time to stop listening to those with a vested financial interest in increasing tribal government power, and learn more about the physical, emotional, sexual and financial abuse of tribal members by other tribal members and even many tribal leaders.

Every time power to tribal leaders is increased, tribal members – U.S. citizens – are robbed of civil freedoms under the constitution of the United States.

More power given to tribal leaders means less freedom and constitutional rights for tribal members. Equal Protection, for example, is a constitutional right.

To better protect children, we need to:

A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

E. Include well defined protections for Adoptive Parents.
F. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.
G. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”
Read more detail and citations for these points in the attached document, “To Better Protect the Children.”

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

Thank you again for your patience and willingness to hear our concerns.

Elizabeth Sharon Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
administrator@caicw.org

References:

ACF. (2007). Tribal Child Counts. Washington DC: Child Care Bureau, Office of Family Assistance. Log No: CCDF-ACF-PI-2007-02
Belford, D. (Director). (2012). Life with James [Video Clip].
Benedict, J. (2000). Without Reservation. New York: Harper.
Cross, T.L. (1995a). Heritage & helping: A model curriculum for Indian child welfare practice, Module II: Protective services for Indian children. Portland, OR: National Indian Child Welfare Association.
Cross, T.L. (1995b). Heritage & helping: A model curriculum for Indian child welfare practice, Module IV: Family-centered services for Indian children. Portland, OR: National Indian Child Welfare Association.
In re SANTOS Y., B144822 (Cal. App. 4th, Second Dist. Div. Two July 20, 2001).
Jackson, J. C. (1999, February 12). Director of Government Affairs. (U. C. Rights, Interviewer) Retrieved from Jack C. Jackson, Jr., Director of Governmental Affairs, National Congress of American Indians, Statement on the importance of an accurate census to American Indians and Alaska Natives, before the U.S. Commission on Civil Rights, Washington, D.C., http://www.ncai.org/ncai/resource/documents/governance/cvrightcensus.
KARNOWSKI, S. (2013). Feds Say Native Mob Gang Dented but Work Remains. Minneapolis: ABC News.
Kershaw, S. (2006, February 19), Tribal Underworld: Drug Traffickers Find Haven in Shadows of Indian Country, New York Times
Lawrence, B. (2007). Publisher. Native American Press/Ojibwe News.
Moddelmog, T. R. (2013). Rebuttal. Grand Forks: Grand Fork Herald.
Morris, E. (2007). VIEWPOINT: Law could tear children from a ‘tribe’ they love . Grand Forks: Grand Forks Herald.
Morris, Roland John. (1998). Testimony before the Senate Select Committee on Indian Affairs. Seattle: Concerning Tribal corruption and Jurisdiction.
Morrison, S.K., (1998), Testimony before the Senate Committee on Indian Affairs on tribal sovereignty and tribal courts, Choctaw Attorney; Wilburton, Oklahoma;
Omdahl, L. (2013, July). Commentary by Former ND Lt. Governor. Grand Forks: Grand Forks Herald.
Quilt. (2004). Child Counts. Warm Spring: NCCIC. http://www.nccic.org/Tribal/effective/warmsprings/childcounts.html
Smart, P. M. (2004). In Harm’s Way. The Salt Lake Tribune.
Sullivan, T. F. (2013). 12th Mandated Report. Denver: ACF.
Tevlin, J. (2013, February 12). Tevlin: Sierra shares lessons on Indian adoption. Retrieved from StarTribune.com: http://www.startribune.com/local/190953261.html?refer=y
SD: Indian Foster Care 1: NPR Investigative Storytelling Gone Awry
National Public Radio Ombudsman – August 09, 2013
My finding is that the series was deeply flawed and should not have been aired as it was. Also: S. Dakota Indian Foster Care 2: Abuse In Taking Children From Families?: http://www.npr.org/blogs/ombudsman/2013/08/09/186943868/s-dakota-indian-foster-care-2-abuse-in-taking-children-from-families?ft=1&f= Also: S. Dakota Indian Foster Care 3: Filthy Lucre: http://www.npr.org/blogs/ombudsman/2013/08/09/186943952/s-dakota-indian-foster-care-3-filthy-lucre Also: Indian Foster Care 4: The Mystery Of A Missing $100 Million: http://www.npr.org/blogs/ombudsman/2013/08/09/209282064/s-dakota-indian-foster-care-4-the-mystery-of-a-missing-100-million Also: S. Dakota Indian Foster Care 5: Who Is To Blame For Native Children In White Homes?: http://www.npr.org/blogs/ombudsman/2013/08/09/209528755/s-dakota-indian-foster-care-5-who-is-to-blame-for-native-children-in-white-homes Also: S. Dakota Indian Foster Care 6: Where It All Went Wrong – The Framing: http://www.npr.org/blogs/ombudsman/2013/08/09/203038778/s-dakota-india
Full NPR Ombudsman Report: http://www.scribd.com/doc/159252168/Full-NPR-Ombudsman-Report-South-Dakota-Foster-Care-Investigative-Storytelling-Gone-Awry
http://www.npr.org/blogs/ombudsman/2013/08/09/186943929/s-dakota-indian-foster-care-1-investigative-storytelling-gone-awry

Attached:

A Pilot Study of Compliance in North Dakota, (December 2000) by NICWA and Casey Family Programs
BIA ICWA Guideline Changes (April 30, 2014) by Elizabeth Morris
Documents from a Spirit Lake family asking for help with Granddaughter (2013)
Domestic and Sexual Violence outside the Reservations in North Dakota get lots of attention from the ACF. (September 2013) Email Correspondence between ACF Officials
Feds Say Native Mob Dented, but Work Remains (2013), by Steve Karnowski
Routine Cruelty (2001), by Thomas Sowell
Testimony of Roland John Morris Sr. before the Senate Committee on Indian Affairs (1998) – Concerning tribal corruption and jurisdiction
Tom Sullivan’s attempt to go to Spirit Lake, (August, 2013) – email correspondence between Tom Sullivan and his DC Superiors
Tom Sullivan’s Response to Chairman McDonald’s Hearing Testimony (June 25, 2014) by Thomas Sullivan, Regional Director of the Administration for Children and Families
Tom Sullivan’s Response to ACF Superior Ms. McMullen, (July 1, 2014) – by Thomas Sullivan, Regional Director of the Administration for Children and Families
To Better Protect the Children, by Elizabeth Morris

Numerous letters of pain from Families across the U.S.

Tom Sullivan: Continual Rape of 13-yr-old Ignored

2 Responses »

Jun 102014

———- Forwarded message ———-
From: Sullivan, Thomas (ACF) Date: Tue, Jun 10, 2014 at 10:37 AM
Subject: Criminal Corruption Reaches New Heights at Spirit Lake
To: “Mcmullen, Marrianne (ACF)”
Cc: “Greenberg, Mark (ACF)” , “Murray, James (ACF)”

Ms. McMullen:

One month ago I wrote a four page email documenting the level of control exercised by the criminally corrupt at Spirit Lake.

This was not the first time I had raised their control over events at Spirit Lake. Almost two years ago, in my First Mandated Report, dated June 14, 2012, I quoted favorably from a letter composed by former Tribal Judge Molly McDonald who had written, “I grew up on this reservation and witnessed many acts of violence and abuse. This is normal to us. Our tribe has adopted this as a way of life, violence and hopelessness. When does the cycle end?…The abuse is reported but nothing is done by Social Services or Law Enforcement. Where do we go from there?…. Please consider that if an investigation had been done, many children could have been saved from further abuse, and possibly, they would have been alive today…..our tribe is attempting to cover up these issues that plagued our reservation for many years……Whatever picture our tribal council or chairman want to paint, it simply is not the case. There is a dire need for professionals …that know their boundaries and will not overlook issues at the request of Tribal Council.”

When former Tribal Judge McDonald wrote that letter in the Spring of 2012, the criminally corrupt controlled the levers of power at Spirit Lake. They still do. Now, however, after going unchallenged by anyone in authority for so many years, they may have gone too far for most responsible people.

In item # 2 in my December 19, 2013 email to you I referenced the allegation that a 13 year old little girl was being raped by a known sex offender, that this had been reported to the Tribal Chair and Council, BIA and Tribal law enforcement. The child’s non-custodial father was told by the BIA that they would not be able to investigate this allegation for another thirty days at the earliest. I have periodically referenced this child’s situation in my subsequent emails to you. To my knowledge, more than 6 months after this allegation was first reported to the BIA, no investigation has yet been conducted. This is how innocent victims are treated at Spirit Lake! Would such a failure to investigate these allegations, to stop the abuse and to protect the innocent victim be tolerated in Devils Lake, ND, the nearest off reservation majority community?

Clearly the criminally corrupt do not control Devils Lake. Even though the alleged rapist, referenced above, resides on the Spirit Lake reservation, the State’s Attorney for Ramsey County (Devils Lake is the county seat for Ramsey County) has obtained four felony indictments against this man for child abuse, endangerment for actions he engaged in off the reservation in Ramsey County. My sources and I suspect these indictments are for child sexual abuse but have not thus far been able to obtain confirmation of our suspicions. Nevertheless, these are felony level charges involving the abuse of a child. I believe most thinking adults, knowing this, would consider those to be serious charges. This is not an opinion held by the Spirit Lake leadership because they are refusing to allow this alleged rapist of a 13 year old little girl, the subject of four felony indictments involving child abuse, to be extradited to Ramsey County.

Apparently this is how it works at Spirit Lake: the allegations of little girls who report they are being raped are ignored while their alleged rapists the subject of four felony indictments for child abuse is shielded from the law. If this isn’t a new extreme in criminal corruption what is?

Thomas F. Sullivan
Regional Administrator, ACF, Denver

Criminal Corruption continues at Spirit Lake

1 Response »

May 062014

.
To: Various Legislative Staff – 1:33 PM

I am forwarding to you a letter written today by Administrator Tom Sullivan. I was aware of an 8-month-old passing away last week at Spirit Lake, but this was the first I heard about the newborn.

We are very distressed by this letter. What it says is beyond comprehension.

Some of whom I am writing to are genuinely concerned. Others don’t appear to be or don’t believe he is telling the truth. Yet – more than a few independent media reports have come out over the last couple years verifying and supporting exactly what Mr. Sullivan says is happening.

An April 28, 2014 report from the Associate Press notes new FBI statistics that show the “Navajo Nation [pop. 180,000] saw a sharp increase in the murder rate in 2013 and finished the year with 42 homicides, eclipsing major metropolitan areas like Seattle and Boston.” It said the 42 people killed “surpassed 40 in Boston and 32 in Seattle, both cities with populations of more than 600,000.”

No mention of how many of those in the report were below the age of 18. We won’t hazard a guess.

People – we are talking about children. We realize how difficult the problem is. But we are talking about children. Shame on all those who continue to cover up horrific crimes happening on reservations all over the U.S. simply because standing up to a tribal government complicates their jobs or reelection opportunities. We are talking about children.

Our org and many others will not go away until ALL children in the United States – no matter their heritage – are afforded safety, respect, love, and equal protection. Our government must quit treating children of tribal heritage as if they are worthless, expendable political pawns.

Our children are U.S. citizens first and foremost, and have constitutional rights. Begin to recognize that. We are not going away.

Regional Administrator Sullivan’s letter –

———- Forwarded message ———-
From: Sullivan, Thomas (ACF) Date: Tue, May 6, 2014 at 11:45 AM
Subject: Criminal Corruption continues at Spirit Lake
To: “Mcmullen, Marrianne (ACF)” , “Sparks, Lillian (ACF)” , “Chang, Joo Yeun (ACF)” , “Kennerson, Marilyn (ACF)”
Cc: “Murray, James (ACF)” , “Greenberg, Mark (ACF)”

Ms. Mcmullen:

The criminally corrupt remain in charge at Spirit Lake. By this I mean that whenever a decision is to be made where there is a choice between the welfare and safety of children and the welfare and safety of abusers, rapists and sodomizers, the latter always seem to prevail. This is evidenced by the following eleven facts:

1. In the first week of February, 2014 the Spirit Lake Tribal Council fired Spirit Lake Associate Judge Jennifer Cross. Former Judge Cross had apparently incurred the wrath of the Council by several decision she had rendered during the prior few weeks, decisions to remove children from the homes of convicted rapists and abusers. These rapists and abusers went to the Council and prevailed on them to fire Judge Cross. They did. The Tribal Chair and another council member opposed this action but they were outvoted. The Chair does not normally vote unless there is a tie vote. How does this action of the Tribal Council contribute to the welfare and safety of Spirit Lake children?

2. The reason given by the Tribal Council for the termination of Judge Cross’ employment was that she had not passed the Bar. Judge Cross is a graduate of an accredited Law School and had been preparing for the Bar exam when fired. I understand the current Chief Judge of the Spirit Lake Tribal Court has taken and failed the state bar exam on two different occasions. Judge Cross’ replacement on the Tribal Court has only a high school diploma, no education beyond high school. How will the replacement of Judge Cross with this man contribute to the safety and welfare of the children of Spirit Lake?

3. After Judge Cross was fired these same families asked the Chair and Council to return the children who had been removed from their homes. One of those former foster parents, a twice-convicted rapist, was overheard outside the Council chambers telling the BIA Spirit Lake Superintendent how to handle the paperwork returning the two pre-teen girls back into his full time care and custody by placing only his wife’s name on those documents and keeping his name off of them. How does the placement of these pre-teen girls back into the home of a twice-convicted rapist contribute to their safety and welfare?

4. When Judge Cross applied to the Tribal Chair and Council for reinstatement, she was told by Councilwoman Brownshield, in an open meeting of the Council, “I don’t agree with your decisions.” All the other Council members nodded their heads in agreement. The Tribal Chair spoke on behalf of Judge Cross being retained. Since the vote was 4 to 0 against Judge Cross the Chair did not even have an opportunity to vote. Has this Tribal Council adopted a policy that they will fire any tribal employee who takes actions inconsistent with their desires? How does such a policy contribute to the welfare and safety of the children of Spirit Lake? How will such a policy effect the willingness of competent, qualified staff to come to Spirit Lake to work under such uncertainty?

5. One senior tribal official told me that several years ago former Tribal Social Services (TSS) director Kevin Dauphinais left two children at his home. They were a 4 year old girl and a 2 year old boy who, according to Mr. Dauphinais, needed a place to stay for a few days. They are still in that home. It was immediately obvious that both required medical attention. Subsequent review at the Grand Forks Advocacy Center (GFAC) revealed that the little girl had been being raped by her biological father. When the mother learned this, she kicked the bio dad out of their home. Shortly thereafter the bio mom brought a live-in boyfriend into that home. The live in, soon after arriving in that home, sodomized the 2 year old boy and fled the home immediately. Both BIA law enforcement and FBI were on hand at the GFAC when the rapes and sodomy were confirmed. In the intervening several years there has been no investigation of these sexual assaults on these two little children. There has been no prosecution of these monsters who sexually assaulted these two children. These monsters remain free to walk the streets of their communities, raping and sodomizing little children with no apparent fear of prosecution or imprisonment. I understand no rehabilitative services have been provided to these children to help them overcome the trauma they suffered. How does acting as though nothing bad has been inflicted on these two children contribute to the welfare and safety of children at Spirit Lake?

6. Even though it has been almost four full weeks since the four of you returned from your brief “fact-finding” visit to Spirit Lake, I have yet to see a report of your findings. I am going to receive a copy, aren’t I? I was deeply disappointed to learn from my sources and others who you met with that you had an exceptionally “rosy view” of conditions at Spirit Lake and that you really did not wish to hear any details about the abusive conditions many children have been placed in there, where they are available to be raped and tortured on a daily basis, and the failure of all supposedly responsible adults whether in positions of responsibility in tribal, state or federal government agencies, advocacy groups, religious leaders or the media to stop the carnage. If that is “fact-finding” as you define it, that is most unfortunate. How your “rosy view” and how your refusal to listen to the factual details about the continuing abuse and rape of children contributes to the safety and welfare of those children of Spirit Lake escapes me. May I ask how all of you arrived at the conclusion that your “rosy view” of Spirit Lake was a more accurate descriptor of conditions there than the detailed facts provided to you by my sources and I? What information did you rely on to reach your “rosy view”? Who provided that information? If that information is in written form, may I see a copy of it? How were you able to substantiate the accuracy of that information? How does your “rosy view” of conditions the children of Spirit Lake have been placed in contribute to their welfare and safety? Doesn’t that “rosy view” just spread a little powder and perfume around to cover up the stench emanating from the homes where these Spirit Lake children are available to be tortured and raped daily?

7. In my Tenth Mandated Report I provided detail about the father who was found by the local police in a Devils Lake motel naked in bed with his then 10 year old daughter who was also naked. The Ramsey County Attorney investigated that allegation in my Report and brought an indictment against the father for a class two felony of Gross Sexual Imposition. I find it fascinating that a county attorney receiving a single report from me is able, with only limited resources as compared to those available to the FBI, US Attorney and the BIA, to investigate and indict on facts made available in one of my Reports. There are hundreds of comparable allegations made in my thirteen Mandated Reports which fall into the jurisdiction of the FBI, US Attorney and the BIA. How odd that not one of those resulted in an arrest, indictment or tribal warrant! How does one justify your “rosy view” under these circumstances? How does one explain such gross failures by federal law enforcement?

8. I understand from my sources that you clearly stated that you are drawing a line in the sand in order to restrict the issues you will deal with to those occurring after your brief “fact-finding” visit to Spirit Lake. That means that the hundreds of those children who were placed on the orders of the prior tribal chair in homes with those who neglect, abuse and rape will be ignored in any future efforts at Spirit Lake. This also means that nothing will be done to find those dozens of children who have simply disappeared from the reservation, perhaps trafficked into the Bakken oil field man camps or into other forms of sexual slavery. This also means you will do nothing to help those parents who have been caring for undocumented children without any pay for at least two years and who now will be left to fight the county, state and tribal governments to get the papers allowing them to register these children in school, qualify for Medicaid, etc.. This also means that those young children who have been professionally evaluated, identified as being subjected to unspeakable physical and sexual abuse and who have been prevented from receiving necessary rehabilitative services by the tribal Council will continue to be ignored. Nothing will be done for them to help them to heal! How does leaving all of these Spirit Lake children behind, ineligible in your universe to receive any services, contribute to their welfare and safety? It is clear that your line in the sand will cast a broad, protective net over all those abusers and rapists who have had their way with the children of Spirit Lake for years and, in your universe, will continue without any fear of exposure, prosecution or imprisonment for their prior abuse, rape and torture of these children. Sounds like amnesty to me. By whose authority have you declared that amnesty?

9. It is my understanding that all of you have passed the word to your staff, grantees and contractors that nothing negative about conditions at Spirit Lake will be tolerated in any reports, etc. submitted to you. How sad. Children are in the full-time care and custody of predators available to be raped daily and you are whitewashing any report you get that factually describes conditions at Spirit Lake so no one’s sensibilities will be offended by any word contrary to your “rosy view”. How does such a cover-up contribute to the safety and welfare of the children at Spirit Lake?

10. The Spirit Lake Tribal Chair at a General Assembly meeting on April 29, 2014 in Fort Totten rebuked a local TV reporter for reporting on the death on Thursday, April 24, 2014 of an 8 month old who, reportedly, choked to death on a baby bottle. The reporter was excluded from the meeting as well by the Chair. Unpleasant news is never easy to handle but attempts to cover up such unpleasantness have, in my experience, lead to even more unpleasant publicity. At the same meeting one Tribal Council member tried to ban one of my sources from the reservation. No vote was taken on this matter that evening. It is intriguing that within the space of a few weeks’ time, we have conditions at Spirit Lake described in terms of a “rosy view”, I hear of an organized federal effort to stop any negative publicity about Spirit Lake and the Tribal Chair and Council openly speak of silencing the media and my sources. What a coincidence! Or as a poster I saw recently proclaimed: “Sometimes a coincidence is a plan in disguise.” Whether all of this is a plan or just a coincidence, please tell me how does any of it contribute to the safety and welfare of the children at Spirit Lake?

11. Facts do have a way of interfering with stories that are false. Within the last week, I understand there have been two infant deaths at Spirit Lake. The first was on April 24, 2014 when an infant boy, eight months old, choked to death on a baby bottle. On Tuesday, April 29, 2014, I understand, an infant less than a week old was found dead in his home in Fort Totten. This child had been born in Minot and had been brought home to Fort Totten by his 17 year old mother over the weekend. Dead bodies of infants are difficult to sweep under the rug, especially when there are two of them in five days. It is difficult to maintain that “rosy view” under these circumstances. Reports can be manipulated, if that is your intent. The press can be intimidated and people barred, if that is your intent. If you are able to do all of that, you are still left with two dead babies, hundreds of children in the care and custody of abusive and predatory biological and foster parents, available to be raped or tortured daily and dozens of children who have simply disappeared from the Reservation. What will your “rosy view” and all the rest of your efforts to minimize any discussion of the harsh conditions these children are living in contribute to the safety and welfare of these children?

How many more Spirit Lake children will never grow up because of this continuing criminal corruption? How many more Spirit Lake children will grow into adult lives of severe dysfunction as a result of the abuse, rape and torture imposed on them by the criminally corrupt?

Thomas F. Sullivan
Regional Administrator, ACF, Denver

—
Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org

Twitter: http://twitter.com/CAICW ( @CAICW )
Facebook: http://www.facebook.com/fbCAICW.org

LETTER TO BIA re: ICWA GUIDELINES

1 Response »

May 012014

On Wed, Apr 30, 2014 CAICW wrote the following letter to BIA officials:

Ms. Cave and the committees involved with transforming ICWA guidelines;

Thank you for allowing input concerning the Indian Child Welfare Act guidelines.
The hosts of the listening session on Thursday, April 24 stated that only tribal leaders have a stake in the ICWA and are thus the sole “stakeholders” in what happens with ICWA. I realize this is what the BIA as well as many in Congress believe.

However, tribal members who have rejected tribal jurisdiction, non-member persons of heritage who rejected the reservation system and/or have never lived under it, and hundreds of thousands of non-Indians across the nation are in fact “stakeholders” in this law – whether government wants to admit it or not.
Non-Indian stakeholders would include the non-Indian birth moms, dads, grandparents, aunts, uncles, and cousins of children adversely affected by the Indian Child Welfare Act. There are hundreds of thousands of them. You can not say that these families are not “stakeholders” if they are having to fight a tribal government over rights to their own children.

And yes – we have current cases of birth family having to fight tribal governments for their own children. We had a grandmother in Colorado last month who won her case to keep her 7-year-old grandson – but would not have won without help from good attorneys. Sadly, we have a birth mother in Michigan right now who is losing against tribal court because she had no money to hire an attorney who could stand up and say the tribal court isn’t following ICWA, let alone regular family law.

When government passes a law that mandatorily gives jurisdiction of ones family to a political entity – and that law affects not just persons who have chosen to be part of that political entity, but everyone of 100% certain blood heritage – Government has approved a law based on race and has way overstepped its bounds. It gets even worse. Bad enough that many persons and families of 100% heritage are forced unwillingly into this political situation due to their race, but our federal government went further – forcing everyone down to 51% heritage to be included in the law – as well as hundreds of thousands of people with even less than 5% heritage. This means families who are predominately non-native – many of whom are unconnected to the reservation system.

Government has lost sight of the reality that 75% of those who are considered Native American do not live within the reservation system and appears to be blind to the reality that the vast majority of people affected by ICWA are predominately of non-Indian heritage. These affected children have OTHER extended family, roots, traditions, and worldviews – all equally important and acceptable.
I am speaking as a birth mother, grandmother and aunt. I am also speaking as representative of our national membership. I and the people I represent are undeniably stakeholders.

Below are some of the issues brought up by tribal officials in the listening session last Thursday. Tribal leaders are talking about ways to strengthen their jurisdiction over our children. We were very dismayed at the suggested ICWA changes.

Some of the upsetting points of change requested by tribal leaders and their attorneys are listed here. I have summarized reasons for our objections in italics.
1. ‘Make it easier to transfer children to tribal court’ – (Thus harder for families such as ours to protect themselves)

2. ‘Tribal decisions concerning eligiblity should be conclusive’ – (Dominating the feelings and decisions of the birth family, who might have purposefully left the reservation system due to prevalent crime and corruption. Parents and primary caregivers should have the final say as to whether their children are enrolled.)

3. ‘A tribal committee should make revisions to the guidelines and those guidelines should become binding law.’ – (Despite the legislative record, which shows that the guidelines were never meant to be binding. Further – ALL stakeholders should be invited to the table, not just those who have a financial and power stake in having possession of our children.)

3. ‘Make it easier for kids to be eligible. Allow for combining the heritage from two different tribes to help a child reach eligibility.’ – (We are obviously talking about children here who are primarily of non-native heritage. Are tribal governments grasping at straws to keep control over other people’s children?)

4. ‘Require complete ancestry charts for BOTH parents’ – (No tribal government has any right to see my ancestry chart. I am not a tribal member – they have no right to demand any of my personal documents or a right to inspect my lineage.)

5. ‘Eliminate all language referring to “delay” being a problem, the advanced stage of proceedings, or the undue hardship of transferring to tribal court.’ – (OUR children have a right to be respected and protected. There are laws in every state limiting how long a child must wait for permanency BECAUSE it is well documented that children have an emotional need stable and permanent homes as soon as possible. Despite rhetoric to the contrary, our children are no different from any other child in America. It is extremely racist to claim that OUR children are somehow different than other kids and do NOT need permanence as early. What this is essentially saying is that it is okay if children of heritage have their lives disrupted and pulled apart – it doesn’t matter how long they cry or pine for the people they knew and loved best – because they are not as important or valued by our government as other children are. Our government is willing to deeply hurt our children simply because they have Native American heritage. Does the government consider them not as worth protecting as other children?)

6. ‘No more talk about a child not being connected to the tribe – as if the child isn’t “Indian” enough. Eliminate use of the Indian Child Doctrine nationally.’ – ( It is extremely racist for tribal governments to claim that they know my child, who they have never met, better than I do – and that it is more important for my child to be connected to the tribe than it is for my child to have a permanent, safe, and stable home. It is extremely offensive for Tribal leaders to make racist statements like this – completely denying the rights and feelings of non-Indian families as well as Indian families who have purposefully distanced themselves from the reservation system.)

7. ‘Acknowledge that a parent who has not had custody is still a parent with continuing custody.’ – (Would this acknowledgment apply to non-Indian parents as well? Will the government consider the non-Indian mother in Michigan as one with ‘continuing custody,’ even though the tribal court has ripped her 13-yr-old daughter away from her – against the daughter’s wishes? Or is the suggestion that only non-custodial parents of tribal heritage will always be considered a custodial parent? Why? Does the U.S. government continue to view U.S. citizens of native heritage as somehow incapable? Is there an underlying racist notion that parents of heritage are somehow different than their non-native counterparts – despite the vast majority of citizens of tribal heritage living average, mainstream lives off the reservation? To many parents of heritage who choose to live outside of Indian Country, it is offensive that our government continues to pigeon hole people. Further, to non-native parents of eligible children, it is appalling anyone would suggest the other parent be considered to have had custody simply due to a percentage of heritage. Parents without custody are non-custodial parents, period.)

8. ’24-months isn’t long enough for some parents. ex – One dad wasn’t the one with custody because most young children are raised by the mothers and so it is not his fault. He wasn’t responsible for the current situation and needs more time.’ – (The best interest of the child – the need for permanence, safety and stability – needs to be of utmost importance. The needs of Dads who haven’t been in the picture – many times by choice, although they might regret it later – must be secondary. Our society needs all parents, no matter the heritage, to be responsible and accountable, not blaming. We need to make the emotional needs of individual children priority and quit making excuses for adults who should know better.)

9. ‘What one culture deems normal, another culture might not.’ – (This is true. But many ICWA workers seem to ignore the cultural norm an individual child has been raised in – as well as ignore any other heritage of the child – for the sake of the culture tribal leaders and ICWA workers deem necessary and solely important. This appears to happen even when a child has been completely raised and feels comfortable in an alternate culture. Among many ICWA workers, there appears to be a complete disregard and even antagonism for the equally good and acceptable cultures many children living outside of the reservation system have been comfortable with.)

10. ‘States should be required to give the tribal gov’ts a list of all their licensed foster homes so they tribal gov’t can identify preferred families.’ – (Foster families have a right to privacy. This expectation and demand is frightening.)

The following are a list of proposed ICWA changes we would like to see:

1. Children of tribal heritage should be guaranteed protection equal to that of any other child in the United States.
a) Children should never be moved suddenly from a home that is safe, loved, and where they are emotionally, socially and physically comfortable simply because their care-givers are not of a certain heritage. The best interest of the child should be considered first, above the needs of the tribal community.
b) State health and welfare requirements for foster and adoptive children should apply equally to all. If there is proven evidence of emotional and/or physical neglect, the state has an obligation to that child’s welfare and should be held accountable if the child is knowingly or by Social Service neglect left in unsafe conditions. ( – Title 42 U.S.C 1983)

2. Fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage and superseding wishes of tribal government. US Supreme Court decisions upholding family autonomy under 5th and 14th Amendment due process and equal protection include Meyer vs. Nebraska, Pierce v. Society of Sisters, and Brown v. Board of Education.

3. The “Existing Indian Family Doctrine” must be available to families and children that choose not to live within the reservation system.
a) In re Santos Y, the court found “Application of the ICWA to a child whose only connection with an Indian tribe is a one-quarter genetic contribution does not serve the purpose for which the ICWA was enacted…” Santos y quoted from Bridget R.’s due process and equal protection analysis at length. Santos also states, Congress considered amending the ICWA to preclude application of the “existing Indian family doctrine” but did not do so.”
b) In Bridget R., the court stated, “if the Act applies to children whose families have no significant relationship with Indian tribal culture, such application runs afoul of the Constitution in three ways:
— it impermissibly intrudes upon a power ordinarily reserved to the states,
— it improperly interferes with Indian children’s fundamental due process rights respecting family relationships; and
— on the sole basis of race, it deprives them of equal opportunities to be adopted that are available to non-Indian children and exposes them…to having an existing non-Indian family torn apart through an after the fact assertion of tribal and Indian-parent rights under ICWA”.
c) In re Alexandria Y., the court held that “recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA” and held that the trial court had acted properly in refusing to apply ICWA “because neither [child] nor [mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve.” Question: If current ICWA case law includes many situations where existing Family Doctrine has already been ignored, then have serious constitutional flaws already occurred?

4. United States citizens, no matter their heritage, have a right to fair trials.
a) When summoned to a tribal court, parents and legal guardians, whether enrolled or not, have to be told their rights, including 25 USC Chapter 21 § 1911. (b) “Transfer of proceedings [to tribal jurisdiction] …in the absence of good cause to the contrary, [and] objection by either parent…”
b) The rights of non-member parents must be upheld: for example; 25 USC Chapter 21 § 1903. Definitions “Permanent Placement” (1) (iv) “shall not include a placement based … upon an award, in a divorce proceeding, of custody to one of the parents.
c) Non-members have to be able to serve county and state summons to tribal members within reservation boundaries and must have access to appeal.
d) Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

5. Adoptive Parents need well defined protections. These are the citizens among us that have been willing to set aside personal comforts and take in society’s neediest children. Adoptive parents take many risks in doing this, the least of which is finances. People build their lives around family. Adoptive parents risk not only their own hearts, but the hearts of any birth children they have as well as the hearts of their extended family. These parents have an investment in the families they are building and have a right to know that they can put their names on the adoption paper with confidence. If we, as a society, continue to abuse these parents, we will find fewer people willing to take the risk of adoption and more and more children will languish in foster homes.

6. A “Qualified expert witness” should be someone who is able to advocate for the well being of the child, first and foremost: a professional person who has substantial education and experience in the area of the professional person’s specialty and significant knowledge of and experience with the child, his family, and the culture, family structure, and child-rearing practices the child has been raised in.

7. Finally, if tribal membership is a political rather than racial designation, (as argued) than is it constitutional for the definition of an Indian child to include “eligible” children, rather than “enrolled” children?
a) 25 USC Chapter 21 § 1903. Definitions: (4) ”Indian child” means any unmarried person who is under age eighteen and is either
b) member of an Indian tribe or
c) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;

However;
1. Tribal governments have been given the right as sovereign entities to determine their own membership at the expense of the rights of any other heritage or culture as well as at the expense of individual rights.
2. ICWA does not give Indian children or their legal guardians the choice whether to accept political membership in the tribe. Legal guardians have the right to make that choice for their children, not governments.
3. Non-member relatives are being told that these children are now members of an entity that the family has had no past political, social or cultural relationship with.
4. So IS it then the blood relationship that determines membership? Bridget R., stated, “If tribal determinations are indeed conclusive for purposes of applying ICWA, and if, … a particular tribe recognizes as members all persons who are biologically descended from historic tribal members, then children who are related by blood to such a tribe may be claimed by the tribe, and thus made subject to the provisions of ICWA, solely on the basis of their biological heritage. Only children who are racially Indians face this possibility.” Isn’t that then an unconstitutional race-based classification?
5. Keeping children, no matter their blood quantum, in what the State would normally determine to be an unfit home on the basis of tribal government claims that European values don’t apply to and are not needed by children of tribal heritage is racist in nature and a denial of the child’s personal right to life, liberty and the pursuit of happiness.
6. Even with significant relationship with Indian tribal culture, forced application of ICWA runs afoul of the Constitution in three ways: (1) it impermissibly intrudes upon a power ordinarily reserved to the states, (2) it improperly interferes with Indian children’s fundamental due process rights; and (3) on the sole basis of race, it deprives them of equal opportunities to be adopted that are available to non-Indian children.

Thank you for listening to all the stakeholders – including us.

Tom Sullivan rebukes his DC Superiors for their negligence of children on Indian reservations

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Apr 042014

> From: “Sullivan, Thomas (ACF)” > Date: April 4, 2014 at 10:45:46 AM CDT
> To: “Mcmullen, Marrianne (ACF)”
> Cc: “Greenberg, Mark (ACF)” , “Chang, Joo Yeun (ACF)” , “Sparks, Lillian (ACF)” , “Kennerson, Marilyn (ACF)” , “Murray, James (ACF)”
> Subject: CB team to Spirit Lake
>
> Ms. Mcmullen:
>
> Thank you for your email response to my questions.
>
> You have assembled quite an impressive team to go to Spirit Lake. I am confident that team will be able to put together equally impressive “guidance to the tribe on what steps they need to take to establish a functional child welfare system.”
>
> Two aspects of this effort are of concern to me. First, it is unfortunate that this effort comes almost 22 months after my First Mandated Report was filed on June 14, 2012. Spirit Lake Social Services (TSS) was in disarray then and has not improved its capacity to respond to the child welfare needs of its youngest citizens in the interim despite claims to the contrary by the state, BIA, DOJ and the leadership of ACF.
>
> Second, there is no mention of any effort to evaluate the current condition of those 100+ children I wrote about in that First Report who had been placed in the full-time care and custody of abusers, addicts and rapists. That number has probably more than doubled in the intervening 22 months as more children were removed from their biological homes by TSS or BIA staff. How many of these 200+ children are being tortured in the same manner as the six children removed from their grandmother’s home in Grand Forks and reported in the online edition of the Grand Forks Herald on the evening of March 20, 2014? How many are being raped like that 13 year old little girl who I first brought to your attention more than 100 days ago? That young girl’s claims of rape have still not been investigated by the BIA more than 3 months after this situation was first reported to the Spirit Lake tribal chair and council, the BIA and you. It is my understanding this little girl remains in the same placement available to be raped daily by a Level Three Registered Sex Offender. Why is the statutory rape of this little girl, an enrolled tribal member, allowed to continue by the tribal chair and council?
>
> The delays in removing these children from those abusive homes have been caused by the libel and slander directed at my sources and me. These delays are unconscionable because they required and continue to require all of these Spirit Lake children to remain in the care and custody of abusers and rapists, available to be tortured and/or raped daily. Are there any people at Spirit Lake or in North Dakota with a conscience?
>
> One former senior tribal employee has recently reported to one of my sources that when she started working for the tribe she was told by her supervisor that everything we were reporting were lies. She told my source, “Now, I not only know you weren’t lying, but I also know that all of you have been understating the facts. It is far worse for kids at Spirit Lake than anything you have been saying.”
>
> I understand this former senior tribal employee briefed the tribal chair in these same terms several weeks ago. Since he knew our reports were being characterized as “understatements” and that, “It is far worse for the kids at Spirit Lake than anything (we) have been saying.”, why has he taken no action to help those Spirit Lake children escape the grip of those who abuse and rape them?
>
> The second paragraph of your March 31, 2014 email seems to seek to minimize ACF’s role at Spirit Lake.
>
> ACF’s 2014 Strategic Plan released almost a month ago states on page one, “….we seek to advance a set of key goals:” followed by five statements of goals, which read:
>
> * “Promote economic health and social well-being for individuals, families and communities;
> * Promote healthy development and school readiness for children, especially those in low income families;
> * Promote safety and well-being of children, youth and families;
> * Support underserved and underrepresented populations; and
> * Upgrade the capacity of ACF to make a difference for families and communities.”
>
>
> Minimizing ACF’s role at Spirit Lake within the context of this statement contradicts the entire purpose of ACF’s 2014 Strategic Plan and makes no sense unless you are attempting to avoid addressing the epidemic of child sexual abuse and child/youthful suicide at Spirit Lake. Why would any responsible government leader wish to avoid dealing with such widespread dysfunction that is well-known to have disastrous consequences for children, their families and communities? To do so would effectively negate every one of the “key goals” from ACF’s own 2014 Strategic Plan, at least at Spirit Lake. Is that what you intend?
>
> You ask for some information from me to assist you as you prepare for this visit.
>
> I find this especially ironic since when you were claiming I was misrepresenting the facts at Spirit Lake, that conditions there were not nearly as bad as I claimed and that the BIA and DOJ claims they had investigated every one of my allegations and most were unfounded or false, no one from ACF asked me for any information to corroborate my Reports or provided me with an opportunity to rebut those self-serving claims.
>
> First, you ask for a list of the steps I have taken to assist the tribe to improve their child welfare system.
>
> When I first learned that all tribes in North Dakota were operating their child welfare systems with caseload ratios of as few as 50 – 60 cases per worker to as many as 100 – 120 cases per worker, I met with the child welfare directors from four of the reservations in North Dakota and encouraged them to begin moving closer to a caseload ratio of 20 – 30 cases per worker. They claimed they had been trying to move in that direction but were refused funding every time the subject came up. They realized they were, in many cases, not compliant with state and federal regulations due to inadequate staffing and were quite fearful of the potential financial penalties that might follow if they did not become compliant.
>
> Because of the criminal corruption which continues to dominate the Spirit Lake Child Welfare program, attracting qualified social workers will be next to impossible. Until the leadership of Spirit Lake convinces the public that their CW program is operating and will continue to operate with integrity and transparency, social worker recruitment will be extremely difficult. Only by prosecuting all of those who are abusing, neglecting and raping Spirit Lake children will the public understand that Spirit Lake CW program is no longer controlled by the criminally corrupt. Until that image is implanted in the public perception of Spirit Lake, TSS and BIA will be forced to attempt to address these significant issues with few, if any, qualified social work staff.
>
> I regularly met with the leadership of the ND Department of Human Resources to encourage them to increase their support for their tribal child welfare programs. While these meetings were friendly, the Department was unwilling to increase the money made available to the tribes for any purpose. In late 2010 I met with the Spirit Lake Tribal council members, pointed out the problem with inadequate funding for their child welfare operations and encouraged them to lead an effort to increase tribal funding for their CW operations. They took no action that I am aware of and elections soon replaced the tribal Chair with Mr. Yankton.
>
> In 2008 Spirit Lake’s director of social services told me he had 46 cases of reported, investigated and confirmed child sexual abuse that had been referred to the US Attorney. He said “None are being investigated and none are being prosecuted.” I encouraged him that, as difficult as it was, he should keep referring confirmed cases to the US Attorney for prosecution. I understand he did but there was no action from that US Attorney or his successor to correct this failure to investigate and prosecute serious crimes..
>
> I have filed 13 Mandated Reports, many of which dealt with the inadequate response of law enforcement to crime on Spirit Lake. I would have filed many more if Acting Assistant Secretary Sheldon had not illegally prohibited me from doing so and if Acting Assistant Secretary Greenberg had not, by his silence, apparently endorsed Mr. Sheldon’s actions.
>
> I have reached out to partner with non-governmental entities in the development and presentation of educational programs focused on the recognition of, prevention of and rehabilitation from child abuse in Indian Country. These programs have been targeted to child welfare staff working on reservations. The National Center for the Prosecution of Child Abuse (NCPCA) has been especially generous with their time and resources. They have already provided or will be providing, at no cost to either ACF or DHHS, multi-day training sessions on this subject matter in the following Indian Country locations all across this country: Casper, WY; Browning, MT; Aberdeen, SD; Nampa, ID; Albuquerque, NM; Tulalip, WA; Santa Fe, NM; Pojoague, NM; Yankton, SD; Houghton, MI; and Muscatine, IA. Of the 11 locations identified where presentations will be made, only four are in Region 8, less than 40% of these sessions. While concerned about conditions in Region 8, my efforts have also been focused on the larger community in need of training. Those who have participated in these sessions have been very complimentary about their skill development following their participation in these sessions.
>
> Before limitations were placed on my ability to address issues like the twin epidemics of child sexual abuse and child/youthful suicide in Indian Country by the leadership of ACF, I spoke frequently to groups in North Dakota, in the other states in this region and all around this country about these issues. In fact, until I first spoke about these issues in 2006, no one had ever dared mention the subject publicly. Convinced the silence protected the predators and harmed children, I decided to make this an issue whenever I could. American Indian audiences were initially put off by my frankness but as they understood my efforts were focused not on stigmatizing them but on finding ways to address these epidemics, bringing resources to begin correcting this situation and bringing healing to their children, I began to receive more invitations to speak on these topics.
>
> Since those limitations were placed on me requiring me to get clearance from ACF leadership for any speech I wished to give and since that clearance always involved censorship, removing all substance from my proposed speeches, I have refused to accept speaking engagements where I could not speak honestly about conditions in Indian Country.
>
> Second, you ask me to provide a summary of anything I have learned “from other tribes…. that faced similar challenges….List any best practices for establishing a strong child welfare system and any contacts I have that could be resources for……Spirit Lake”
>
> That is a mouthful and would take essentially a Doctoral dissertation to answer completely. Unfortunately, I do not have time to do that if I am to meet your deadline. I plan, however, at a later date and on my own time to write several books.
>
> Every reservation I have been on, and I have been on most in this region as well as several others outside of this region, are characterized by crushing poverty, many times higher than the rate for the general population. Unemployment levels for generations have been and continue to run at levels not seen in the majority community even during the Great Depression. Alcohol and drug use and abuse are rampant. This abuse is so prevalent that many reservation residents around the Bakken formation cannot qualify for oil field employment because they cannot pass pre-employment drug and alcohol screening. Law enforcement is, on most reservations, non-existent with few officers, little training and little or no professionalism. Domestic violence and rape are rampant. Because children are placed in foster homes of uncertain safety, many children removed from their biological parents when they were drunk, have been placed in homes where they are raped daily, not just at Spirit Lake but on every reservation in this country. What do rapists have to fear when there is no effective law enforcement? Many of these sexually abused children, seeing no hope to escape this horrific abuse realizing the adults who are supposed to protect them will not, choose to end their own lives. On every reservation service needs are high and resources available to respond to those needs are limited.
>
> I am not aware of any “best practices for establishing a strong child welfare system”. I am confident Ms. Kennerson and the leadership of the Children’s Bureau are fully aware of such “best practices” if any are in place. Child safety should be emphasized in every decision made in any child welfare system. Nearly three year old Laurynn Whiteshield died at the hands of an abusive, step grandmother whose history of abuse of her own children was well-known to the BIA caseworkers who placed Laurynn and her twin sister in that home. I understand that another young man died in that same home less than two weeks ago. The step grandmother is reported to be in prison serving a lengthy sentence. Who is responsible for this young man’s death?
>
> Third, you ask for “a list of national and local partners….who could provide financial, training or technical assistance to Spirit Lake moving forward”.
>
> May I suggest all of the members of your team read my 13 Mandated Reports. If you had, you would understand that on pages 5 and 6 of my First Mandated Report, filed on June 14, 2012, at items D – H there is a list of some of those organizations and my suggestions on how they might be used to begin addressing the issues at Spirit Lake.
>
> The former Executive Director of the National Center for the Prosecution of Child Abuse, Ms. Suzanna Tiapula, should also be involved in any effort to address the criminal corruption at Spirit Lake.
>
> Fourth, you ask for a “list of stakeholders or advocates who can be brought to the table to help Spirit Lake protect their children.”
>
> On January 20, 2014 I provided Ms. Kennerson, by email, with detailed contact information for my primary sources at Spirit Lake. I did so at her request and with the understanding she would be contacting some or all of them during her trip to Spirit Lake scheduled to take place before the end of January. In speaking with my sources, none have been contacted by her. I assume Ms. Kennerson still has that email and can make this information available to you.
>
> Whether my sources will be willing to speak with any of you remains to be seen after the disrespectful manner you treated one of them on a telephone call two weeks ago. That was bad enough but then, in a subsequent email, you lied not only about what you said and did but also about what my source said and did during that telephone call.
>
> It would be well for you to consider the words of Marvin Bower, Managing Partner at McKinsey & Company for almost twenty years who, in the ‘Will to Lead’ wrote, “Leadership scholars are virtually unanimous in putting trustworthiness at the top of the list of qualities required by any leader. Trustworthiness is integrity in action….Integrity is honesty carried…….into action so that the person is completely honest. That kind of integrity I put above all else as an essential of leadership.”
>
> I do not “…feel that (my) previous emails regarding Spirit Lake have not been answered”. I know it for a fact. In a later email I will provide chapter and verse on each of those unanswered emails.
>
> Thomas F. Sullivan
>
> Regional Administrator, ACF, Denver
>
> From: Mcmullen, Marrianne (ACF)
> Sent: Monday, March 31, 2014 11:52 AM
> To: Sullivan, Thomas (ACF)
> Cc: Murray, James (ACF)
> Subject: RE: CB team to Spirit Lake
>
> ACF is looking forward to a productive visit to Spirit Lake next week. Joo Chang will lead a team that includes Lillian Sparks, Marilyn Kennerson and me, and it is our goal to provide guidance to the tribe on what steps they need to take to establish a functional child welfare system.
>
> As you know, our jurisdiction here is limited. ACF, through the Children’s Bureau, provides funding and guidance to states, tribes and localities for child welfare agencies. States and Tribes have legal jurisdiction over their courts and agencies and we have no jurisdiction to intervene on individual cases.
>
> We do want to do everything we can within our defined role, however. To that end, we need your assistance to prepare for this visit.
>
> Specifically, please:

> – Provide a detailed list of the steps you have taken as Regional Administrator to assist the tribe to improve their child welfare system. Please include the status of each action and any outcomes of those actions.
>
> – Provide a summary of anything you have learned from other tribes you may have had contact with that faced similar challenges. List any best practices for establishing a strong tribal child welfare system, and any contacts you may have that could be resources for Spirit Lake.
>
> – A list of national and local partners (philanthropies, universities, etc.) who could provide financial, training or technical assistance to Spirit Lake moving forward.
>
> – A list of any other stakeholders or advocates who can be brought to the table to help Spirit Lake protect their children.
>
> Please send this report by noon Eastern time on Friday, April 4 so that it can be included with briefing materials for the team. Please also include your primary point of contact at Spirit Lake, or any other contacts there we should be aware of.
>
> I am sorry you feel that your previous emails regarding Spirit Lake have not been answered; that is not what my records reflect.
>
> After the ACF team visit to Spirit Lake, I will let you know of any need for follow-up on your part.
>
> From: Sullivan, Thomas (ACF)
> Sent: Friday, March 28, 2014 5:35 PM
> To: Mcmullen, Marrianne (ACF)
> Subject: Re: CB team to Spirit Lake
>
> Ms. Mcmullen:
>
> Thank you for your email notification about the Childrens Bureau team visit to Spirit Lake on April 9 – 11, 2014.
>
> I have some questions concerning this visit: 1. What are the names of those who will be part of this team? 2. Who will be the team leader? 3. What will be the expected outcome of this team’s visit to Spirit Lake? 4. What written instructions will be provided to that team? 5. May I receive a copy of those instructions?
>
> I have raised many questions about Spirit Lake to you over the last 21 months, all documented in agency email. Few, if any, have been answered. I trust I will not have to add this email to the “unanswered” file.
>
> Thomas F. Sullivan
> Regional Administrator, ACF, Denver
>
>
> From: Mcmullen, Marrianne (ACF)
> Sent: Friday, March 28, 2014 04:27 PM
> To: Sullivan, Thomas (ACF)
> Subject: CB team to Spirit Lake
>
>
> Hello Tom:
>
> I wanted to let you know that the Children’s Bureau is planning a team visit to Spirit Lake April 9-11. The ACF team will talk to various stakeholders, tribal child welfare staff, judges and others. They will use the information gathered to provide clear guidance to the Tribe on what steps need to be taken to establish a successful child welfare agency.
>
> Marrianne McMullen
> Deputy Assistant Secretary for External Affairs
> Administration for Children and Families
> U.S. Department of Health and Human Services
> 901 D. St., SW, Washington, DC 20447
> (202) 401-9215
> marrianne.mcmullen@acf.hhs.gov
> www.acf.hhs.gov

Abused children, reported by Tom Sullivan 2 yrs ago, were ignored by officials

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Mar 212014

Senator Heitkamp,

I was just informed that the family in the Grand Forks story below is one of the families ACF Administrator Tom Sullivan included in his first Mandated Report, 21 months ago. That report, along with 13 subsequent reports, was ignored by his DC superiors and well as other officials.

These children in the story below were among the 40 children he had reported removed from safe off reservation care and placed with dangerous relatives on the reservation.

This appears to be one of the cases which US attorney Tim Purdon, ACF Director George Sheldon, Indian Affairs staffer Kenneth Martin and others said Mr. Sullivan was misconstruing at best – lying about at worst.

According to the person who informed me – These women will be prosecuted because they moved off the reservation and continued to abuse these children. If they were still living on the Spirit Lake Reservation, all of this would have been ignored by BIA law enforcement.

http://www.grandforksherald.com/content/grand-forks-woman-charged-felony-abuse-grandchildren

Again – we don’t need another 3-year task force to tell us again what we all know beyond a doubt to be true – particularly one that will be purposefully stacked with the same type of thinkers who put children into this position in the first place.

A study was concluded a few months ago by the DOJ and Senator Dorgan is currently doing a tour. Reports on the hearings Senator Dorgan has been holding include story after story of abuse.

Let me remind you again that my extended family is among the abused – and no one has yet been prosecuted for the shooting of my husband’s grandson at Spirit Lake in July 2013.

Our fear is that Senator Dorgan’s concluding report will simply call for MORE money to be given to corrupt tribal entities who are using our children as chattel.

What is needed is for laws to be enforced and children protected. Stop the waste of money and time and protect the kids.

– Further: Please hold actual oversight hearings concerning allegations that the BIA, FBI, ACF and US Attorney’s offices are ignoring the abuse of children. Either prove Mr. Sullivan is wrong that federal officials have been throwing children under the bus – or apologize to him for the way he has been treated by DC superiors.
I have been away from DC for a few months visiting families across the United States, but will be returning to DC shortly to continue our push for relevant and immediate action.

—
Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org

Twitter: http://twitter.com/CAICW ( @CAICW )
Facebook: http://www.facebook.com/fbCAICW.org

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.

“Native American Groups Seek Child Welfare Probe”

1 Response »

Feb 212014

By GOSIA WOZNIACKA Associated Press Feb 3, 2014, 3:49 PM

Four national Native American organizations on Monday asked the U.S. Department of Justice to launch an investigation into the treatment of American Indian and Alaska Native children in the private adoption and public child welfare systems, saying civil rights violations there are rampant.

The groups also called for the federal government to take a stronger role in enforcing compliance of the Indian Child Welfare Act. They said in a letter to Jocelyn Samuels, the Justice Department’s acting assistant attorney general for civil rights, that there is “minimal federal oversight” over implementation of the law.

The letter follows a recent high-profile custody battle over a Cherokee girl known as Baby Veronica who eventually was adopted by a white South Carolina couple. It also comes amid lawsuits alleging violations of federal law governing foster care and adoptions in some states.

The organizations, which include the Portland-based National Indian Child Welfare Association, alleged in their letter that some guardians appointed by the court mock Native American culture; some state workers put down traditional Native ways of parenting; and some children are placed in white homes when Indian relatives and Native foster care homes are available.

“These stories highlight patterns of behavior that are, at best, unethical and, at worst, unlawful,” the letter states. “Although these civil rights violations are well-known and commonplace, they continue to go unchecked and unexamined.”

The federal government had no an immediate response regarding the allegations.

“We have received the letter and are reviewing the request,” Justice Department spokeswoman Dena W. Iverson said in an email.

Native children are disproportionately represented in the child welfare system nationwide, especially in foster care.

Congress passed the Indian Child Welfare Act in 1978 after finding very high numbers of Indian children being removed from their homes by public and private agencies and placed in non-Indian foster and adoptive homes and institutions.

Federal law now requires that additional services be provided to Native families to prevent unwarranted removal. And it requires that Indian children who are removed be placed whenever possible with relatives or with other Native Americans, in a way that preserves their connection with their tribe, community and relatives.

While Native groups agree that the Indian Child Welfare Act has been effective in slowing the removal of Indian children from their families, major challenges remain. And Baby Veronica’s plight has highlighted the matter.

Veronica was born to a non-Cherokee mother, who put her up for adoption. Matt and Melanie Capobianco, a white couple, gained custody of the child in 2009. The baby’s father, a member of the Cherokee Nation in Oklahoma, pressed claims under the Indian Child Welfare Act and won custody when the girl was 27 months old.

But in June, the U.S. Supreme Court ruled the act didn’t apply because the father, Dusten Brown, had been absent from Veronica’s life before her birth and never had custody of her. In September, Oklahoma’s Supreme Court dissolved an order keeping the girl in the state, and Brown handed her over to the Capobiancos.

In addition to that case, the letter cites problems such as adoption agencies disregarding children’s tribal affiliation and failing to provide notice to a tribe when a child is taken into custody. The groups also contend Indian children are transported across state lines to sidestep the law; adoption attorneys encourage circumvention of the law; and judges deny tribes a presence during child custody proceedings.

Another problem, according to Craig Dorsay, an Oregon lawyer who works on many Native child welfare cases, is inconsistencies in identifying who is an Indian child and who is not — and whether the law applies to families who are deemed not Indian enough in the eyes of a court.

http://news.yahoo.com/native-american-groups-seek-child-welfare-probe-231739952.html

Spirit Lake Child Abuse: Feb. 11 Letter from Sullivan to McMullen

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Feb 112014

Tom Sullivan’s response to offensive, child-endangering letter by his Washington DC superior, Ms. Marrianne McMullen

February 11, 2014

Ms. McMullen:

Thank you for sending me a copy of your response to Spirit Lake Chairman McDonald’s letter to me dated January 26, 2014.

Your email is heavy on conclusions but light on any rationale to support those conclusions.

1. You wrote, “ACF does not have the authority or expertise to conduct investigations of suspected child abuse, and thus Tom Sullivan will not undertake such an investigation at Spirit Lake.”

The latest version of the Administration for Children and Families 2014 Strategic Plan overcomes the “authority” issue you raise. Mr. Murray, in your presence, characterized this Plan version as just about final and did not think we would get far trying to revise it during the conference call with all the Regional Administrators earlier on the afternoon of February 5, 2014. The very same day you responded to the Chairman’s letter. The 2014 Plan states in its Introduction, “we seek to support national, state, tribal and local efforts to strengthen families and communities and promote opportunity and economic mobility.”

Later in that same section the 2014 Plan states, “we seek to advance a set of key goals” followed by a listing which includes, “Promote Safety and Well-being of Children, Youth and Families;” It is difficult for me to understand how we can do any of this if we are unwilling to address and seek to stop the mental, physical and sexual abuse of children, especially when we are being informed on a daily basis about such abuse.

You have from our first meeting sought to defame me, belittling my education, experience and skills. After more than 45 years of broad-based, senior work in the design, development, management and evaluation of health and human service programs at the highest levels in both the public and private sectors all across this country. I have an established reputation for both accomplishment and integrity that will be minimally influenced by your sniping.

I will let the testimony of those who have had an opportunity to observe my work all across this Region, especially in Indian Country, and who have taken the time to speak with me about my concerns for abused children and the lifetime burden they bear due to their abuse address the issue of my expertise in these matters. On March 12, 2013, Ms. Diane Garreau, an enrolled member of the Cheyenne River Sioux Tribe, the Tribe’s ICWA Director and Founding Board Member of the ICWA Directors of the Great Sioux Nation, representing the nine South Dakota federally recognized tribes, called me and said, “I need to get someone who can speak as an expert on child abuse and neglect of American Indian kids at our Summit in a couple of months. You are the most knowledgeable person about this stuff who I know. But I also know that you have a big gag stuck in your mouth by your Agency’s leadership when it comes to speaking about this stuff. So, who would you recommend, if I cannot get you?”

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Ms. Suzanna Tiapula is an attorney and long-time Executive Director of the National Center for the Prosecution of Child Abuse (NCPCA) who said on November 6, 2013, “I am really disappointed you have been denied permission to participate as faculty in our upcoming train the trainer course in Santa Fe, NM. We will not be as effective as we hoped because our best, you, will not be there.” This program,
as you know, was specifically focused on the development of a cadre of trained individuals from Indian Country who could go back to their homes and begin to address more effectively the epidemic of child abuse raging in their communities. This epidemic of child abuse has grown to its current size because our bureaucratic predecessors chose to ignore it.

This Santa Fe training was one of 11 three-day sessions which NCPCA had agreed to provide in Indian Country for essentially the same purpose all across this country as a result of my work with them. These sessions were provided at no cost to program participants, ACF or DHHS.

It has been clear to me that you have never wanted to admit that I had any expertise. You hoped that view would go unchallenged if you never allowed me to venture into the real world where children are being abused daily, available to be raped daily. Is that why you prevented me from making six trips last year, all into Indian Country and all dealing with these issues? Your actions facilitated the libel and slander of my sources and I by the criminally corrupt.

2. You also wrote, “Currently, the BIA is managing the investigations of incidents of suspected abuse at Spirit Lake and has referred some incidents to the Federal Bureau of Investigation”

My sources began reporting their concerns about Spirit Lake children more than seven years ago to the state, the BIA, FBI and US Attorney. Their reports were ignored. The documentation they provided went unread and then was shredded.

Is there something new to suggest these organizations will be any more responsive now? It seems clear to me that all law enforcement at Spirit Lake is engaged in the same do-nothing approach to their work as evidenced by the following five examples.

When a non-custodial father reported the suspected (she told him she was being sexually molested by a Level 3 offender living in her home) molestation of his 13 year old daughter to Tribal Social Services, Tribal Council and the BIA, the best any of them could do was to promise that the BIA would attempt to begin an investigation in 30 days. That was 60 days ago. It is not clear, after 60 days, that any investigation has even begun.

There have been three rapes of young ladies on the Reservation during the last three months. BIA law enforcement was notified in each case. In each case the young woman said she wanted to press charges against her rapist. This will be difficult because no victim statement was taken in any of these three cases.
There was no rape kit prepared in any of these three cases. No pictures of the bruises on the bodies of each of these women were taken. The FBI has, I understand refused to intervene and take responsibility for these three felonies. Each of these women is an enrolled Tribal member as are their rapists, The rapes occurred within the geographic confines of the reservation.

In the last 8 months there has been one serious beating of a young nurse who lives on the Reservation, allegedly by two female relatives of the former Tribal Chair. This victim too wants this case prosecuted and her attackers sent to prison. She has given the FBI and BIA law enforcement a statement describing her attack and providing the names of her attackers, pictures of the bodily damages she suffered and the names of several eyewitnesses to this attack. Nothing is apparently being done by anyone in the BIA or FBI to bring indictments in this matter. Both the victim and her alleged assailants are enrolled Tribal

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members. The assault took place within the geographic confines of the reservation.

The BIA knew the placement of those almost three year old twins in the home of their grandfather and step-grandmother in early May, 2013, was placing them in grave danger. This was proven less than 30 days later, on June 13, 2013, when one of the twins turns up dead, murdered by her step-grandmother. Despite knowing their own biological children had been removed from their care and custody, that they both had been charged with and convicted of child abuse of their own children, the BIA authorized the placement of these children in their full-time, unsupervised care and custody.

The BIA has apparently done nothing to insure the safety of that suicidal little boy who I brought to your attention on September 23, 2013. You assured me at that time that “Marilyn Kennerson with the Children’s Bureau is working with the BIA and the tribe to make sure that all appropriate measures are taken to assure the child’s safety.” Subsequent events made clear your words were hollow, The BIA has
also apparently done nothing for the two sisters who are placed in a foster home where “discipline” is administered by stripping these girls to their panties, duct-taping their hands in front of them and forcing them to sit on a stool in an uninsulated attic for hours at a time. The same can be said for the 13 year old
girl who told her Dad that she was being sexually molested by a Level Three sex offender. I gave Ms. Kennerson the names of these children as well as other relevant information about their placement more than three weeks ago during a meeting with her. It is hard to see how anything could have been done for these children if those who were supposed to be providing that help did not even know their names.

A few weeks after that meeting with Ms. Kennerson I requested an update on the condition of these children from her and have received nothing. It seems that if you have done nothing to protect children in these circumstances, the best strategy is to remain mute.

Tolerating such ineptitude from the BIA, FBI and other law enforcement especially when it results in a multi-generational failure to prosecute is troubling in light of a joint statement published on February 6, 2014 in the White House Blog by Lynn Rosenthal, White House Advisor on Violence Against Women, Jodi Gillette, Senior Advisor for Native American Affairs in the White House Domestic Policy Council and Raina Thiele, Associate Director White House Office of Governmental Affairs where
they wrote, “Improving the safety of our tribal communities is a priority of President Obama and his Administration….These important provisions remind us all that a victim is a victim, and that everyone is entitled to protection against any perpetrator.”

Attorney General Eric Holder in an article by Sari Horowitz entitled “New Law Offers Protection to Abused Native American Women” in the February 9, 2014 issue of the Washington Post is quoted as saying, “The numbers are staggering…It’s deplorable. …this is an issue that we have to deal with. I am simply not going to accept the fact it is acceptable for women to be abused at the rates they are being abused on native lands.”

If there is so much high level support for the thesis that all crime victims in Indian Country should be protected by aggressive prosecution of their assailants, why is so little occurring in Indian Country communities like Ft. Totten and St. Michael?

3. You also wrote, “The role of the Immediate Office of the Regional Administrator (IORA) is to provide leadership for ACF’s cross-cutting initiatives, emergency preparedness and response and administrative and communications support for ACF.”

On a conference call on February 5, 2014, just a few hours before you sent the response to Chairman McDonald you effectively endorsed the following language as part of or as an adjunct to the 2014 ACF

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Strategic Plan. Your endorsement was understandable since you wrote out the listing of the five functions of every IORA. That page and one-half started with: “Regional Administrators represent the ACF Assistant Secretary in the region, providing leadership, cross-program strategy and coalition building on the regional, state and local levels across government and advocacy centers. As a team they and their staff fill five distinct functions;”

“Function 1: Regional ACF Leadership
Regional Administrators maintain high-level relationships with state, tribal, territory and local government partners as well as university, philanthropic and other community partners and alert the Immediate Office of the Assistant Secretary if there are issues of concern in the states. They are the point of contact for State Commissioners/Secretaries, Governor offices; state Congressional and Legislative representatives. They represent ACF in regional, Federal Executive Boards, are ACF’s representative with the Regional Director’s office, other Federal Agency leadership, and they provide office based leadership through State Team coordination and coordination of other ACF-wide activities.”

“Function 2: Initiative Leadership
IORA lead high priority, cross-cutting program initiatives such as the Affordable Care Act, Hispanic outreach, efforts to combat human trafficking and homelessness and a number of other cross-program initiatives that do not belong to any single ACF program……..”

It is difficult to reconcile your description of the limited functions of a Regional Administrator in your letter to Chairman McDonald with your description of far more expansive functions discussed during that conference call and outlined in that page and one-half that you composed.

I recall when you stormed out of my conference room on the morning of Friday, June 14, 2013 abruptly breaking off a conversation about how best to address the issues I had been raising at Spirit Lake. You were clearly dis-satisfied with my response to the effect that such an effort would not be easy but was doable, would require the active participation of a broad coalition of Tribal, state, federal and local
organizations to begin to effectively address these issues and was consistent with the kind of efforts I had lead in the past. At a minimum I told you that every one of ACF program components had to be involved, not just Child Welfare, and that we had to partner with the Indian Health Service, the Office of the Assistant Secretary for Health, the Substance Abuse and Mental Health Services Administration, Health Resources and Services Administration, Departments of Justice, Interior, Education, Labor, HUD and the Small Business Administration. These agencies and departments represented only the federal; side of the collaboration which would be necessary.

You had a far more negative perspective, apparently frustrated in your efforts to convince me that the problems were unsolvable and were quite displeased to hear my positive recommendations on how to proceed.

4. You also wrote, “We understand that reporting of alleged abuse through non-official channels has contributed to unnecessary confusion and delay. We will continue to encourage official reporting through appropriate channels in order to ensure timely and professional investigations to protect the children of Spirit Lake.”

Since I have been the only person, other than my sources, who has been reporting suspected child abuse at Spirit Lake, I can only assume this is a not so subtle swipe at me.

Before I filed a single Mandated Report I asked our Regional Counsel where I should file them. He responded that they should be filed with the US Attorney for the District where I suspected child abuse was occurring. I did.

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All of my Thirteen Mandated Reports and supporting documentation were filed directly with the US Attorney for the District of North Dakota and with the individual the US Attorney identified for me at BIA. When Acting Assistant Secretary Sheldon prohibited me from filing those Mandated Reports, I had no choice but to file information I received from my sources with him or his designee. That is exactly what I have done. I have no control over what you do with them.

It is clear based on the case of the suicidal boy who I brought to your attention on September 23, 2013, that some, if not all, of those reports were never forwarded to anyone despite your assurances that the boy’s safety was assured due to the efforts of the BIA, the Tribe and the Children’s Bureau’s Ms. Kennerson. The fact that Ms. Kennerson had to ask me for the child’s identity three weeks ago, four months after my email from you on September 23, 2013, convinced me that your words were hollow, that you had done nothing to protect this child from self-injury or abuse at the hands of his abusive foster parents. You did not even know who this child was and neither you, nor BIA, nor the Children’s Bureau nor Ms. Kennerson did anything to determine his identity. What callous dis-regard for the safety of this suicidal little boy!

I will leave it for the citizens of Spirit Lake to inform you how ineffective it is to attempt to use the telephone numbers or resources you have identified in your letter. They can describe the number of hours, days, months, and years they have spent waiting for police to respond to a call, to answer a call so they may report a crime or for the return of indictments in especially vicious crimes.

I am attaching with this email a brief, three page write-up of a graduate of the Spirit Lake foster home system. It is entitled, “My Story”. Read it and understand the despair this now strong, resilient young woman felt as her reports of abuse, rape and neglect were ignored by those who were running the system then, when she was 5, 6 and 7 years of age. She went into the system between the ages of 4 and 5. She left it at 18. Now she is in her early 20s, an alcoholic with three children of her own and two step-sons. If she is able to achieve some level of normalcy in her life, it will be a remarkable achievement. If she can keep herself and her kids on the straight and narrow, avoiding having to put her kids into the care of
others, exposing them to the abuse she lived with as a child, she will be a great success. She recognizes the pitfalls she confronts on a daily basis and works harder than any of us to avoid them. The inter- generational abuse fostered by the corrupt criminals who must be removed cannot be allowed to continue. If it does, what this young lady has written will continue to be repeated many times over.

In one home where she was placed for several years, she was raped daily. No social worker looked in to check on her welfare during those years. What were those federal staff from BIA doing while this child was being raped daily? What kind of oversight did ACF’s Children’s Bureau provide? What kind of supervision did the state provide? Why did all of these adults allow this child to be raped daily?

If this or any other young woman slips up and has their children removed from their custody temporarily, why can’t they count on their kids being placed in a loving foster home where they will not be abused or neglected?

Thomas F. Sullivan

Regional Administrator, ACF, Denver

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Letter to McMullen 021114.docx

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!

Panel hears testimony about native children exposed to violence

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Dec 132013

Forum News Service Dec 10, 2013 8:41am
By Mike Nowatzki

BISMARCK – Dressed in dark slacks and a light blue shirt and tie, Lenny Hayes looked every bit his adult self on Monday in the Ramkota Hotel ballroom.

But as he leaned into the microphone and began to speak, he became the scared, helpless 6-year-old boy in the corner being groped and traumatized by sexual abuse.

“How do I say ‘stop?’ I close my eyes and my tears begin to flow. I go to a faraway place with my mind … a safe place, a happy place, a place where I don’t have to feel what my body is experiencing,” he said. “After it’s over, I am lifeless, and I begin to come back to my body once again.”

Such accounts are all too common in Indian Country, and tribes desperately need more resources to protect children from abuse and neglect, tribal officials and experts testified Monday during the first public hearing of U.S. Attorney General Eric Holder’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence.
The advisory panel also will hold public hearings in Arizona, Florida and Alaska and make policy recommendations for Holder by the end of October.

Former U.S. senator Byron Dorgan of North Dakota, the advisory panel’s co-chairman, said he hopes the effort will be the catalyst “that finally unlocks the determination of all Americans” not to allow violence against native children to continue.

Dorgan, who also is chairman of the board of advisors for the Center for Native American Youth at the Aspen Institute, said rape and abuse cases have too often been declined by federal prosecutors and put in the “back room” of too many U.S. attorneys’ offices. He said he has seen loving families on reservations but also “the most unbelievable despair,” telling of one 12-year-old girl who had been sexually abused in two foster homes and found refuge at a homeless shelter which then had its budget cut as a result of sequestration.

“That is defined as ignorance where I come from,” he said, his voice rising almost to a yell. “We know this is happening, and we know how to address it if we just have the will.”

U.S. Sen. Heidi Heitkamp, D-N.D., who recently co-sponsored bipartisan bills to create a Commission on Native Children and provide increased protection to victims of human trafficking, said policymakers must do more than just gather data.

“We can’t just build the case and keep talking about this. We have got to change outcomes,” she said.
The magnitude of the problem in Indian Country is just beginning to be understood, said Lonna Hunter, project coordinator for the Minneapolis-based Council on Crime and Justice and a survivor of childhood abuse.
“Lack of research has directly delayed our response to the crisis,” she said.

The belief system that made protecting native children the responsibility of the entire tribal community has been lost amid the historical trauma of being displaced, assimilated and institutionalized and having their culture and language suppressed – factors that contribute to child mistreatment, said Sarah Hicks Kastelic, deputy director of the National Indian Child Welfare Association.

Child victims of maltreatment and abuse are more likely to have mental health and substance abuse problems, perform more poorly in school, have early pregnancies, get in trouble with the law and perpetuate violence against others, “creating a cycle of violence that is difficult to break,” Kastelic said.

Associate Attorney General Tony West said “the scars of violence run deep and have impacts that can seep from one generation to the next.”

Other witnesses lamented the lack of Bureau of Indian Affairs officers to conduct investigations and Indian Health Service employees who either don’t live in the communities they serve and or are hamstrung by government red tape hen they try to tackle problems.

At the same time, several said answers must come from within the tribes.
“It needs to be grassroots. It must be run by native people,” said Barbara Bettelyoun, a psychologist with the Rosebud Sioux Tribe in South Dakota.
The recent controversy over child protection at North Dakota’s Spirit Lake Nation also was addressed, with several members of the tribal council in attendance.
Spirit Lake Chairman Leander “Russ” McDonald testified that the May 2011 murder of a brother and sister on the reservation and the death of a 2-year-old girl who was shoved down an embankment by her step grandmother last June indicated the “critical need” to prioritize resources and lay the foundation “for a system that is clearly broken.”
However, he said “not much has changed” since complaints prompted the Bureau of Indian Affairs to assume control of child protection services on the reservation on Oct. 1, 2012. The tribe is working with state and federal officials on an action plan for child protective services, he said, again stressing that change from come from the tribe.
On a day filled with moving testimony, Hayes, an enrolled member of the Sisseton-Wahpeton Oyate and now a psychotherapist with the Shakopee (Minn.) Mdewakanton Sioux Community, delivered an especially powerful first-person account of abuse and healing.
Even at 45 years old, sharing the story is still painful, he said. He still struggles with his past, and he said more “two-spirited” survivors like himself need to stand up and be heard. He and others said the current culture that often ostracizes abuse victims who come forward needs to change.
“We need to be accepted back into our communities,” he said. “We need to be heard. We need to be listened to.”

Letter’s from George Sheldon say “Ignore Tom.”

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Dec 042013

George Sheldon, Former Director of the Administration for Children and Families (ACF), made it clear in April, 2013, that the ACF does not want to hear about atrocities occurring at Spirit Lake. He further stated the ACF stands firmly behind the behavior of the BIA, FBI and US Attorney at Spirit Lake – despite numerous reports from Spirit Lake residents as well as ACF’s own Regional Director, Tom Sullivan, that horrific child abuse has been ignored by the federal agencies.

The horrific child abuse that Mr. Sullivan reported to Mr. Sheldon in 2012 and 2013 was supported by a recent CNN segment (Oct, 1013) entitled “Sexual Abuse Rampant on Indian Reservation.”

Further, had Mr. Sheldon listened to Mr. Sullivan, toddler Lauryn Whiteshield might be alive today.

George Sheldon’s letter to Tom Sullivan, April 15, 2013

George Sheldon’s letter to U.S. Attorney Tim Purdon, April 15, 2013

George Sheldon’s letter to BIA Chief Sue Settles, April 15, 2013

Memorandum on Mandatory Reporting of Child Abuse, April 3, 2012, Signed by Eric Holder

Memorandum on Mandatory Reporting of Child Abuse, May 24, 2012

Spirit Lake Tribal Council Minutes September 27, 2013 – TRIBAL COUNCIL OVERSEES AND GIVES PERMISSION FOR BIA INVESTIGATION (Tribal Council members have been implicated in child sex abuse – none of which appears to have been investigated by the BIA, FBI or US Attorney Tim Purdon)

Tom Sullivan’s 12th Mandated Report, February 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation

Tom Sullivan’s 13th Mandated Report, March 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation

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

2 Responses »

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

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