INDIAN CHILD WELFARE ACT OF 1978 – Page 3 – Christian Alliance for Indian Child Welfare

Grandparents, Hurt by ICWA, write:

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Dec 242008

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“We are in a situation where we have a daughter-in-law who is 1/8 (tribal) —and one grandchild 1/16 (not eligible per blood quantum), who have been become part of the Department of Human Services system.

We are the closest blood kin, as paternal grandparents, and want to provide for our 10 month old granddaughter while our son and his wife meet the requirements and hopefully reunite their family in 3 to about 9 months.

I say “hopefully” now that the… (tribe) has become involved. They say they have “rights” based upon the Indian Child Welfare Act based upon descendancy!”

… 3 years later

…We paid over $55,000 of our retirement monies because of the tribe and ICWA–

…. We had to help our daughter-in-law in the same fashion as our son, because her family/tribe did nothing but put their full force into destroying the family, and using ICWA did irraparable damage to our families in composition, financially, emotionally.

We firmly believe that when our son and wife try to begin another family, the tribe will find them and destroy whatever peace they might achieve, inventing whatever lies they might to achieve their own ends. Do I sound bitter? You bet. I need to do something constructive, but with our own situation, with illness, and now, having much less financial resources, must first try to keep our own heads above the financial waters. …

Sincerely, (name), former grandparents of (child’s name)
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“ICWA for Dummies” – Illegality of ICWA for Those That Can’t Think

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Dec 212008

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Okay, some people can’t wrap their brains around why what happened last week to the tiny baby who was taken away from a safe and loving home, the adoptive home of Clint and Heather Larson, and given to a foster family on the dysfunctional and dangerous Leech Lake Reservation was totally and utterly wrong.

Let me say it very slowly and clearly for those with brain dysfunction….

My husband’s family is from Cass Lake, a major town on the Leech Lake Reservation. Leech Lake is very, very Dangerous to live in.

The Tribal Government …(Get ready for this) …Does Not Own My Children.
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Thus, this related concept:
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The Tribal Government …(Get ready for this) …Does Not Own Anyone’s Children.
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Now, I know that many have missed the news over the last couple years. But some might still remember names and issues in the back of their heads. Names like… Abramoff and Conrad Burns, and others that, along with Illinois Governor Blagojevich, believe in the “Pay to Play” concept.
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Okay, so now I’ll say this slowly.
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Tribal Governments… Get More Money Per Head. (I will post some of the many federal programs tied to tribal census figures later.)
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Thus, they Want More Heads.
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The Last Census Indicates that Many Enrollable Families are Moving AWAY From the Reservations.
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MEANING – Tribal Governments NEED Bodies in order to have Their “Sovereign Nation.” If Bodies move away, they Need Some Way to Regain their Population.
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Tribal Governments…(Are you Ready?) have been spending more and more on buying Senators over the last thirty years, and currently Contribute Millions of Dollars to Federal Campaigns. (See the Open Secrets web site for documentation)
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Tribal Governments have contributed large amounts of money to federal campaigns, including those of several on the Senate Committee for Indian Affairs. Former Senator Conrad Burns is one great example of a corrupt Senator changing his mind for a price. In the 1990’s, the tribes considered him one of their opponents as he rightly tried to introduce legislation to limit tribal jurisdiction over non-members. He supported our stand on ICWA. He also tried to keep the National Bison Range as a national jewel, where people of every race would have opportunity for employment.
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However, after the tribes derided and embarrassed him over the jurisdiction issue at a Billings meeting, he changed his mind. He began taking money from the tribes and was involved with Abramoff. He did a total Flip Flop on the Bison Range issue. When we went back to him about ICWA, his staff said he would never support new Indian policy legislation unless all 500 tribes agreed to it.
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We lived in Montana at the time and helped to vote him out of office, but not before he’d done damage. At any rate, he’s just one example of one of our great Senators who loved money a little too much. There are many more.
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And The Tribes Have Lots of Money to Give. Research Tribal Campaign Contributions.

Now, ask yourself two questions:
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#1) WHY have so many enrollable members moved off the reservation? As for our family and many of our relatives, the answer is that The Reservation Is No Place to Safely Raise Your Children.

Some will try figure out some way to blame it on the “white man.” Only trouble is, MOST Enrollable members are more white than Indian. Can you Understand that? It’s easy math. Most tribes require only 1/4 blood quantum to be enrollable. SOME TRIBES have much LESS. And the Cherokee Tribe has NO required blood quantum. We have a case where tribes has been interfering with an adoption of a child with less than 2% blood quantum. (https://www.caicw.org/familystories.html)
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#2) If the Tribes have so much money to pay Congressmen with, as well as attorneys to chase children down with, why aren’t they instead spending that same money on infrastructure and job growth on the reservation? What are the true priorities? Why not just develop resources and make an honest effort to move away from the federal dole? If the reservations were cleaned up, wouldn’t more people want to stay there and live? How can a government call itself Sovereign when it is constantly running to the US Congress and demanding more money? Sounds like a bunch of teenagers!
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So, let me wrap this little lesson up by pointing out the obvious to those that don’t understand the obvious. I will use my family as an example in order to get the point across.
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The Tribe Does NOT Own My Family – and in Particular, MY Children.
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My Children are 50% Minnesota Chippewa, but they are also 1/4 German, Jewish, and a spattering pf Irish Catholic. They have OTHER relatives than just those on the reservation.
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MOST enrollable children have relatives of other heritage.
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In fact, my enrollable children have German Jewish relatives that died at Auschwitz.
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So tell me Brainiacs. why my children’s Native American heritage is more important than their Jewish, Irish, or Scottish heritage. Tell me why in the world the state of Minnesota has passed a law last year that says that suggests tribal heritage is more important, and that the Minnesota tribes have jurisdiction over any enrollable child, even if the child and his family don’t want to be involved with the tribe and has never had any contact or relationship with the tribe.
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That law affects not only my children but my grandchildren, who will all be at least 1/4 Minnesota Chippewa.
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For every non-Indian screaming about how we have to honor Leech Lake’s tribal sovereignty…why don’t you move your families to Cass Lake, Minnesota. Enroll your kids in school there. Encourage them to go play at the housing tracts.
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Go ahead, hypocrites. You know darn well you wouldn’t‘ want your children raised there. So get your nose out of my family, and quit making stupid statements as well as laws that state that MY Children belong there.
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A commenter had the nerve in an earlier post to suggest the Larson’s had “kidnapped” this baby. Excuse me? Who the heck are the ones doing the kidnapping, but the tribes themselves that push federal and state legislators to give them all the rights to Our Children!
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Possible Incentives for ICWA –

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Dec 152008

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Tribal Government Funding?

Ms. Scott Kayla Morrison, a member of the Mississippi Choctaw Tribe as well as an attorney specializing in Indian law, wrote in 1998, “ICWA is a money-driven program for the tribes from three perspectives: 1) federal funds generated by tribal membership; 2) federal income to fund program jobs; and 3) federal funds to administer courts adjudicating ICWA cases.

– “First, each tribal member generates $5,000 (1992) for the tribal administration from the thirteen federal agencies funding Indian programs. The more members, the more federal funds. With no blood quantum [required], [some tribes allow] a person with as little as 1/2000th (to) be enrolled as an Indian. If an Indian child is adopted by non-Indians, the tribe loses $5,000 a year for the lifespan of the child.

– “Second, federal dollars fund the ICWA program for the tribe. This generates jobs for tribal administration directly through program funds and indirectly through administrative costs. Of every federal dollar allocated by Congress, 89 cents goes to administer the Bureau of Indian Affairs. The remaining 11 cents goes to tribal administration. The Choctaw administration is allowed to take 46%, almost half or 5.5 cents, for administrative indirect costs. The remaining 5.5 cents are used to administer programs like ICWA. The more membership to serve, the more money the tribe requests that generates more jobs and more indirect costs. Allowing adoption outside the tribe cuts into the pocketbook of tribal administration.

– “Third, one purpose of a tribal court or a Code of Federal Register (CFR) Court is to adjudicate ICWA cases. The amount of federal funds allocated to the court is based on the number of cases served by the ICWA
program. The court program funds generate indirect costs and jobs.”

Ms. Morrison was correct. As a matter of fact –

– According to ACF Administration For Children and Families, U.S. Department of Health and Human Services, May 9, 2007, Child Care Bureau, Office of Family Assistance –

“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.

“ – Tribal Lead Agencies are reminded that CCDF funds are allocated based on child counts of children from Federally recognized Indian Tribes, consistent with the Child Care and Development Block Grant Act’s definition of Indian Tribe.”

– According to Aneva J. Yazzie, Chief Executive Officer, Navajo Housing Authority
In her testimony before the Committee on Indian Affairs, United States Senate, on Reauthorization of the Native American Housing Assistance and Self-Determination Act, July 18th, 2007, Washington, DC

“The most contentious issue facing Indian housing in the last few years has been the use of Census data to determine funding allocations. NHA has been heavily involved in this discussion because we believe this is not just a debate about how funds are allocated; it is fundamental to NAHASDA and to all Indian programs. Tribal housing must remain for tribal members and tribal members should be counted when determining funding allocations.

“…We support the use of tribal enrollment data, not Census data, to determine need under NAHASDA. Until terms of verifiable enrollment data can be agreed upon by federal government and tribal representatives, NHA urges a return to the use of single-race Census data because, while imperfect, it is the better approximation of tribal enrollment numbers.

(NOTE from Blog Author: Census data shows that NOT ALL ENROLLED MEMBERS are LIVING on the RESERVATION. Tribes would only recieve funds for members actually living on the reservation. Therefore, Tribes perfer Enrollement Numbers because THEY INCLUDE MANY WHO HAVE MOVED AWAY and who, like our family, have NO INTEREST in using tribal funds or programs.)

“… One change in federal law we would like the Committee to consider would be the elimination of the prohibition from using Indian Health Service funds in concert with NAHASDA funds… The concern that the lack of available funds means we should keep these funding streams separate may be well-intended, but it flies in the face of
Tribal self-determination.”

– According to the 2003 DOI-BIA Indian Population and Labor Force Report, mandated by order of Public law 102-477, “The Indian Employment, Training, and Related Services Demonstration Act of 1992:

– Total number of enrolled tribal members and members from other tribes who live on or near the reservation and are eligible to use the tribe’s Bureau of Indian Affairs funded services – Total 2003 Tribal enrollment – 1,923,650. 5.9% increase from 2001 labor force report, 34.7% from 1995. The 2003 increase is attributed to updated tribal rolls, improved record keeping procedures, and revisions to tribal enrollment criteria.
– Total 2003 Service population 1,587,519. 4.2% increase from 2001 labor force report. 26.0% from 1995. It is also a 216% increase over the Total Service Population reported in 1982. The 2003 Service Population increase is attributed to increased record keeping and improved data collection methods, as well as eligible Indian individuals and families who came to reside in the tribe’s service area to benefit from opportunities and services unavailable to them in off-reservation
communities.
– 562 Federally recognized tribes

– Several corporate and “at-large” Alaska tribal entities formed by the 1971 ANCS Act.

– From Indianz.com, “House panel boosts funds for Indian Programs”, Monday, June 11, 2007. accessed Aug. 30, 2007 –

– Indian Education, urban health clinics, law enforcement, and language preservation will see boosts in funding under bills advanced by the House Appropriations committee last week.
– At a markup on Thursday, the committee approved 5,7 billion for Indian programs at the Interior Department and related agencies, including the Indian Health Service….
– The bill “honors our obligations to Native American communities, making investments into better education and healthcare,” the committee said of the overall $27.6 billion package, an increase of 4.3 percent over current levels.”

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ICWA is nothing but “Routine Cruelty” – by Professor Thomas Sowell

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Dec 122008

October 30, 2001
– Mr. Sowell is currently a senior fellow at the Hoover Institute in Stanford, California.

In a world where the media are ready to magnify innocuous remarks or a minor problem into a trauma or a disaster, there is remarkably little attention being paid to cruelties routinely inflicted on children by our laws and our courts. That cruelty is ripping children away from the only home they have ever known, to be sent away — often far away — to be raised by strangers.
Such drastic action may be necessary when children have been abused or neglected, but kids have been seized from loving homes where there has never even been an accusation of abuse or neglect. As with so many irrational acts, race and political correctness are involved. One of the children who is currently being threatened with this fate is a little boy in California named Santos, who may be sent off to live on an Indian reservation in Minnesota, among people he has never known, speaking a language he does not understand. Moreover, the single woman who is trying to adopt him there has said that she plans to put him in day care, which he has never been in before. He has been cared for at home by a married couple since he was 3 months old. He will be 3 years old on Nov. 25.

How could such an insane situation have arisen? Easy. It is called the Indian Child Welfare Act. And it began, like so many catastrophes, with good intentions. Back in 1978, Congress passed the Indian Child Welfare Act to prevent Indian children from being removed from their families and tribes by outside know-it-alls and social engineers. So far, so good. But, once a law is on the books, it means whatever the lawyers and the courts say it means. That is how little Santos got trapped in a nightmare.

Santos is part Indian, but neither he nor his biological parents lived on a reservation or among an Indian tribe. When he was born and began suffering withdrawal because of his mother’s cocaine addiction, the authorities took custody of him. He was put into a foster home with a Spanish-speaking couple whom he now regards as his parents and who want to adopt him. Santos’ biological mother has shown very little interest in him — and even that little bit of interest has not been reciprocated by Santos. He has hung up on her when she phoned and cried when she visited. The woman on an Indian reservation did not even know of Santos’ existence until informed by the tribal council, which wants to claim him under the Indian Child Welfare Act. Six months later, she saw the little boy for the first time.

It gets worse. Two psychologists have become involved in the case. Shrink A has “spent approximately 10 minutes alone” with Santos, according to the California Court of Appeal in its ruling this past Oct. 19. She did not interview the couple with whom he has been living all this time, even though a Spanish-speaking social worker was available to enable her to converse with the boy’s foster parents. Nevertheless, Shrink A has decided that Santos would be better off being “moved to be with his tribe and his family” on a reservation in Minnesota. This strained definition of “family” is based on the fact that the woman on the reservation is a distant relative of his mother. Incidentally, Shrink A has never interviewed this distant relative either.

Undaunted, Shrink A has said that Santos would not be “catastrophically damaged” by the change because Santos has not “bonded” with his foster parents, but has “bonded to his birth mother, who is unable to care for him.” This strained definition of bonding is based on counting the time spent in his mother’s womb, as well as the 9 days he spent with her after birth. A second psychologist based his conclusions on what he had actually seen, rather than on such speculations. What he saw was that little Santos clings to his foster mother and became distressed when his foster father was asked to leave the room, crying “papa, papa.” At another time, when Santos was with his foster father and Shrink B wanted to see the little boy alone, Santos became “clingy” with his foster father and “hugged him tightly while exclaiming ‘papa, papa.'” Little Santos has not yet been sent to Minnesota. The appellate court said that the “matter is remanded for further proceedings,” which means a continuing cloud of uncertainty hanging over a little boy who has become a little pawn. How could anyone do this to him? Tragically, it has happened to many others.

– Sowell, Thomas, Routine Cruelty, October 30, 2001. Online document, available from http://www.townhall.com/columnists/thomassowell/ts20011030.shtml Accessed Monday, May 31, 2004. Reprinted with permission.

Update: Santos was legally adopted in 2003 by the foster parents who had cared for him most of his life. Their attorney was Native American.

Another Problem with ICWA –

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Dec 092008

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Prevailing social and cultural standards of the Indian community?

Exclusive jurisdiction by the tribe is scary enough for many foster and adoptive parents, but imagine how it feels for birth parents, both tribal and non, that have chosen to raise their children outside of the tribe.

If these parents should unexpectedly die, ICWA requires that “the prevailing social and cultural standards of the Indian community in which … extended family resides…” be applied in placement preferences.” 25 USC 1915(d). There is no other race in the United States who are denied parental right of choice in this way.

The question arises, “What is referred to by social and cultural standards?”

If it is referring to traditional Indian Spirituality, the 1st Amendment of the Bill of Rights states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

If it is traditional culture that is being referred to, such as language and food gathering methods, many elders, but fewer young people, practice these on the reservations today. Many teenagers are simply not interested enough to work at the language, and few honor ancient ways of hunting, fishing or harvest that was traditionally considerate and took only what was needed for the family. Does social and cultural standards refer to a romantic image or reality?

This is not to say that there are no tribal members that practice tradition. There are. But tradition is not the current standard on most reservations. There is still interest in art and craftwork, both traditional and modern approaches, but this interest in Indian art crosses racial lines and is enjoyed all over the world. Is it for art that we are placing children under tribal jurisdiction?

If the above isn’t “prevailing social and cultural standards, then what is?

Sadly, the current cultural and social standards of many reservations (not all) include gambling, gang activity, promiscuity, drug and alcohol abuse, crime, unwed pregnancies, violence in and out of the homes, and child neglect. On top of all that, there is epidemic corruption within many tribal administrations.

This is not to say that reservations alone have problems of alcoholism and corruption. All of these problems can be found in any neighborhood, anywhere. But it does appear that on some reservations, these problems are a prevailing cultural and social standard.

So just what is Congress mandating when it states that social and cultural standards of the reservation be applied?

The problem is that Congress – based on faulty assumptions concerning tribal standards – is mandating that OUR children – who aren’t owned by the tribes – be raised under less than safe conditions if we are no longer able to raise them.

In mandating that the tribes have jurisdiction over OUR children, Congress is mandating that OUR children receive less concern over their best interests, and less child protection than children of other heritages would recieve under the same circumstances.

Adoption Counselor asks a Question –

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Dec 062008

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“I am an adoption counselor at a private agency. I am working with an expectant mother who has chosen to place her baby for adoption with our agency. She and the birth father have found a family they want to raise their son and their adoption will be open. The birth mother is ¼ Native American and not an enrolled member and the birth father has no heritage. The birth mother placed two other children for adoption in the past with the tribes blessing. Now, the tribe has said they have chosen a family on the reservation to adopt this baby and they will not budge. We thought that the child had to be an enrolled member or one of the birth parents in order for a tribe to take a child – especially in a voluntary relinquishment. Do you have any information that would help us? Thank you.”

Response – Disclaimer –I’m not an attorney, and the only advise I can give the couple is to get a good attorney as soon as possible. Too many families don’t get an attorney right away, thinking this isn’t a big deal, and it really is. They need to find a GOOD attorney that knows the law well and is able to fight for the family’s rights. Encourage them not to settle with an attorney that is going to roll over for the tribe – afraid to stand up and demand that the law be followed. Too many tribes, having more money and access to attorney’s than many of the low-income families in situations such as this – can be somewhat bullying, and sometimes push for their will even if it has nothing to do with the law.

…. as I understand it, one parent to another – If the mother isn’t enrolled – the tribe shouldn’t be able to usurp the birth family’s wishes. Again, I’m NOT an attorney and am NOT giving legal advice. That’s just what it seems it says – (1903 (4)

……get an attorney right away, try to keep in county or state court rather than tribal court, and if your attorney agrees, make it clear from the start that this is NOT an ICWA case, as the mother is not enrolled. Keep that mantra up. This is NOT an ICWA case. Get that nipped in the bud right away in order to get this over with quickly – with the least amount of cost.

Further – 1911 (b) “absent objection by either parent” – It seems to me that this is saying that the tribe can transfer the case to tribal court, unless one of the parent’s objects. Again, I’m not an attorney – but I would tell the state court, if it were me, that I strongly object to any type of transfer.

And don’t forget to pray – we’ve see amazing answers to prayer.

UPDATE

“Thank you so much for your quick reply. Your information has helped me understand the ICWA law. We have contacted a very good attorney.
It is clear by this tribe’s own membership code that the child must be ¼ blood quantum and have a biological parent who is a member in order to be eligible. This child is 1/8. Although I think the adoptive parents would most likely win this case, the cost of litigation (financially and emotionally) has to be seriously considered. It is so sad that the birth parents may not get their first choice in families because of this. The family has to be willing to endure thousands in court costs. Thank you so much for the work that you do. Blessings,”
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ICWA was originally based on some false assumptions

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Nov 272008

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– The first assumption is that values within the Indian culture are unique, and the culture of non-Indian relatives and society is of less value. The Truth is – there are no unique value systems within Indian Country. There is nothing new under the sun. In addition, the value systems of all cultures, and every facet of a child’s heritage, are valuable.

– The second assumption, that tribal governments can retain “their” children, supposes that tribal governments have sovereign ownership of individuals, and that these individuals need to be under the jurisdiction of tribal government in order for traditional culture to carry on. The Truth is – Tribal governments do not own our children. Tribal members are American citizens, entitled to life, liberty and the pursuit of happiness. Whether we are 100% Native American or 100% not, we parents should not be forced to make important life decisions based on what is best for tribal government. Additionally, tribal culture, or any culture, will exist as long as the people who love it carry it in their hearts and pass that love to their children. Government force does not preserve tradition; families do.

– The third assumption is that all families and individuals of Native American heritage think, feel and desire the same things, and any person with a small amount of heritage is automatically better off within the Indian community. ICWA requires that “the prevailing social and cultural standards of the Indian community in which … extended family resides…”be applied in placement preferences.” But not only where a third cousin might reside, the act states, “or with which …extended family members maintain social ties…,” further degrading the parents right to choose where and how they want their children raised.

The Truth is – Humans desire choice and have time and again fought for the freedom to make those choices. That is just as true today as it has been any other time in the history. In America, we are proud of our democracy, equality, and the right all citizens have to make individual choices and live life to their fullest.

We try to help other countries achieve the same. Are Native American citizens allowed less?
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ICWA has interfered with Parental Rights

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Nov 242008

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In 1989, the US Supreme Court declared in Mississippi Band of Choctaw Indians v. Holyfield that tribal jurisdiction preempted both state authority and the wishes of parents. The Court concluded an Indian tribe and an Indian child have an interest in maintaining ties independent of the interests of birth parents, and thus, “Congress determined to subject (voluntary) placements to the ICWA’s jurisdiction …because of concerns going beyond the wishes of individual parents.”

They then made the chilling statement, “These concerns demonstrate that Congress could not have intended to enact a rule of domicile that would permit individual Indian parents to defeat the ICWA’s jurisdictional scheme simply by giving birth…off the reservation.”

Therefore, whether a parent is four-quarter Indian or totally non-Indian, ICWA states, “… the Indian tribe shall retain exclusive jurisdiction…” and if a tribal entity requests, “…the (State) court…shall transfer … to the jurisdiction of the tribe…”

In essence, Congress has consigned our children to tribal government, and opting out is not an option. We could refuse to enroll our children into the tribe, but a child does not need to be enrolled in order for ICWA to apply. ICWA pertains to any child the tribe deems enrollable.

Thus, many more children and families are affected than even realize it. Tribal governments have the right to define their membership. This means they have a right to decide the percentage of blood needed for enrollment. Most tribal constitution require one-quarter blood quantum for membership, but some allow membership with as little as 1/64 blood quantum.

Therefore, up to 3/4 or more (in some cases 63/64!) of a child’s non-Indian heritage can be legally ignored by the courts, and tribal governments have been allowed jurisdiction over children with the smallest amounts of Indian blood.

The truth is, many tribaly enrolled parents have left the reservation because they don’t feel it is the best place to raise their children. (According to the US census, almost 80% of those classifying themselves as Indians live off reservations.)

Steve Moore, a Staff Attorney with Native American Rights Fund, estimated that 1.96 million people of Indian ancestry live off the reservations. He said that puts the tribal courts at a disadvantage in custody cases. Turning a blind eye to individual rights, he further stated,
“There’s been an obvious effort by state court judges to create loopholes and exemptions to the point that I believe Congress needs to take the matter up again.”

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“The bottom line is Indian children are the lifeblood of Indian tribes as a population base diminishes due to these cases.”

There is no mention in the article as to why 1.96 million persons of tribal heritage have chosen to live off the reservation.

Most people in America enjoy the freedom to raise their children as they see fit, even if it is contrary to the way their extended family is raising children. Those parents also have the right to name a guardian for their children who will raise them in the manner they desire. They can put that choice in their will and have those wishes honored.

Shouldn’t the parents of tribally enrollable children have that right as well?
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ICWA Has hurt Children and Parents.

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Nov 212008

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

ICWA ‘s Wrong – Kids Have Rights

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Nov 132008

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Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, said, “the intent of Congress in passing the Indian Child Welfare Act was to protect Indian children from removal from their tribes and to assure that tribes are given the opportunity to raise Indian children in a manner which reflects the unique values of Indian culture.”

According to West’s Encyclopedia of American Law, the Indian Child Welfare Act (ICWA), “…intended to limit the … removing (of) Native American children from their tribe and family and placing them in a non-Indian family or institution. The act seeks to achieve these goals through…placing children…in a…home that reflects the unique values of Indian culture.”

(ICWA) “seeks to protect the rights of the Indian child as an Indian and the rights of the Indian Community and Tribe in retaining its children in its society.” – House Report on the Indian Child Welfare Act.

But most enrollable children are of mixed heritage. What about the rights of the child of Indian heritage as a Latino, Black, or Italian? And what gives the Tribe the right to claim children who are predominately of another heritage?

Advocates of ICWA point to the devastation suffered by children of tribal heritage when, years ago, they were forcefully removed from the homes they loved and forced to stay at boarding schools. The trauma those children and families expereinced was, indeed, devastating.

However, today, some tribal leaders have been doing the exact same thing when they have removed children from the homes and environments they love, forcing them to live with people they barely know in Indian Country.

There is no inborn difference between persons of tribal heritage and other persons. Any emotionally healthy child, no matter their heritage, will be devastated when they are taken from their familiar homes and forced to live with strangers.

Even children of 100% tribal heritage will be devasted if taken from the only home they know and love, even if it is non-tribal, and placed into a reservation home they know nothing about.

The Full Text of the INDIAN CHILD WELFARE ACT OF 1978 (ICWA):
THE ICWA LAW: PUBLIC LAW 95-608, 25 USC Chapter 21
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