WE NEED HELP!

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Jun 072011
 

Hey wonderful peoples – with school out, does anyone have extra time?

We could really use your help – prayer wise as well as hands on.

I am the administrator of CAICW – but only a volunteer in a one man office – and have to work as an RN to support my family. So I am doing the best I can, but it ends up being slow – much too slow. It breaks my heart that I can’t move any faster than I am.

Right now:
1) An attorney in the Twin Cities is working on draft legislation to present to Congress
2) We are setting up a seminar for Congressmen, teaching reality of ICWA.
3) We NEED help fundraising – Families NEED a Legal Defense Fund!
4) We NEED website work on caicw.org
5) We NEED help monitoring this facebook page
6) We NEED another newsletter out

– I appreciate anything you can do – Thanks so much for your prayers –

I am Elizabeth (Lisa) Morris, Administrator
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253, Hillsboro ND 58045
administrator@caicw.org
https://caicw.org/
Twitter: http://twitter.com/CAICW
To Donate:
https://npo.networkforgood.org/Donate/Donate.aspx?npoSubscriptionId=1004119&code=Email+Solicitation

Washington DC, January 2011

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Apr 122011
 
Dr. William B. Allen

This was by far the best visit to DC that we’d had yet. Our group, including parents from New Mexico, Wisconsin, Virginia, and S. Dakota, began Monday, January 24th with a meeting with Dr. William Allen, Emeritus Professor, Political Science, MSU, who broached the question as to whether the ICWA was intended for the best interest of the child or the best interest of the tribe. How is it being interpreted and enforced? He reminded us that tribal governments are accountable to Congress, which has plenary power over them. He then asked, “Has Congress, in passing the ICWA, taken the position of Pontius Pilate” – and essentially washed its hands of these children?

We can’t allow Congress to do that. We, as families, have been helpless before this law. Many families have had little opportunity to protect themselves or their children. This is about Constitutional rights – our Equal Protection.

Senator-elect John Hoeven

Senator-elect John Hoeven

We next met with the Chief of Staff for Senator Hoeven (R-ND), Don Larson, and his assistant, Kaitland. Senator Hoeven has been assigned to the Senate Committee on Indian Affairs. (SCIA). Mr. Larson felt this issue was something the Senator could “move forward” with.

We also met with Katherine Haley, Assistant to Policy for Speaker of the House, John Boehner (R-OH). She said that the speaker holds great importance to protecting families and that the Speaker can get behind this. She told us to push for committee hearings and reminded us that federal policy and oversight is a touchy subject.

While some of us were visiting the Speaker’s office, others visited with Senator Tim Johnson (D-SD), who is also a member of the SCIA. Those who visited his office were not confident that he would be helpful, and aides to Senator Kohl (D-WI): kept referring us back to the tribes, saying everything is up to them.

Aide to Rep Berg (R-ND), Patrick Buell, was very interested and said he would talk to a staffer friend of his on the Senate Committee on Indian Affairs – and he did. The friend called on Wednesday, February 3rd and was encouraging. He thought new hearings might be possible – if the new Chairman agreed.

Some of us began Tuesday, January 25th, with a meeting with Gary Bauer, of American Values.org. He urged us to find one person in the House and one in the Senate who will make this issue their cause – who will see it as an opportunity to become a real reformer. He also encouraged us to find a new Governor who isn’t afraid to make this issue a priority.

We next met with Clay Lightfoot, aide to Senator Coburn (R-Ok). Senator Coburn had been a long standing member of the SCIA up until this year when he was moved from the committee. Still, his office has had an interest in this issue over the years. Their interest continues despite having been moved from the committee.

Fern Goodhart, aide to Senator Tom Udall (D-NM), also on the SCIA, was less encouraging. She said there was little that can be done as the issue is up to the tribes and the Committee.

Rep. Kristi Noem’s office, (R-SD), was very welcoming and interested. We met with her aide, Renee Latterell. Brand new to Congress, Rep. Noem is a Teaparty conservative who has been assigned to House Committee on Resources and its subcommittee on Indian Affairs. Renee was VERY encouraging and said they would like to help.

Rep Michelle Bachmann’s aide, (R-MN), Reneee Doyle was also very kind and helpful. We told her that my children and grandchildren are all enrollable with the Minnesota Chippewas Tribe, and that the State of Minnesota had made it much more difficult for families such as ours when they passed a law three years ago forbidding judges to even consider whether or not a child or family is connected with the tribal community. She said she would do her best to talk to Rep. Bachmann, who is also a foster mom, about it.

On Wednesday, we met with Lea Stueve, aide to Senator Johnanns (R-NE)(SCIA): She wasn’t as encouraging and said that the issue is up to the committee.

John Fetzer, aide to Senator Conrad (D-ND)(SCIA), was very warm and interested. He said that new hearings are worth taking a look at “especially when it affects kids this directly.” He told us to keep in touch with him “if it’s not moving along as fast as you would like.”
Remember – As one Senate Aide told us: we need to get on the phone and preach this: ~ The welfare of children shouldn’t be political; it MUST be about the best interest of the child. We must remove “preference” for tribes and give strength to family. ~

UPDATE – Renee Doyle, Rep. Michelle Bachmann, aide, called two weeks ago and said that she has spent nights thinking about our meeting with her on January 25th. The story that she had heard from one of the mother’s with us had “broken her heart.” She wanted the mother to know that her story had not fallen on deaf ears, and that she was meeting with Don Young’s aide to talk about it. I gave her Dr. William Allen’s contact phone number to get some additional questions answered.

Letters from birth parents, grandparents, foster families, pre-adoptive families, tribal members and non-members can be read at: https://www.caicw.org/familystories.html

DonateNow

Encouraging letter from Adoptive Mom:

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Dec 262010
 

Stock Photo - Kids successfully adopted, now siblings

Stock Photo - Kids successfully adopted, now siblings

All identifying information has been  removed

Date: Fri, 17 Dec 2010 12:56:10 -0500 (EST)

To: administrator@caicw.org

Dearest Lisa,

I wanted to drop you a note the let you know we won our court case against the tribe …. We went to court in Aug. 2009 and in Sept. the judge ruled that the kids should stay with us. But, of course the tribe appealed his decision the day before the deadline… The State Court of Appeals heard the case… this year and ..they affirmed the judges decision. … It cost us $10,000.00 and a lot of worry but we are finally proceeding with the adoption. Our family would like to thank you so very much for your organization and all the help it provides families like ours, without the information on your web site I don’t know if our lawyer could have made such a good case using other state case law. You provide an invaluable service to children hurt by ICWA and God will lead you to do even better things. I received your newsletter yesterday and vow to get as many signatures as I can to sent back to you. I wish I could do more but I will pray for you everyday. If you want to know more or if there is anything I can do from here… please contact me. Our family is forever in your debt. Again, thank you for all you do, and have a Happy Holiday, WE WILL.
Sincerely,
– a very happy MOM

Dec 212010
 

At 7 am, Wednesday Dec. 15th, my 18-year-old son, Timothy, and I

Senator-elect John Hoeven

Senator-elect John Hoeven

 headed out to Bismarck to meet with Sen. Elect Hoeven’s Chief of Staff, Don Larson at 11 am. Although the sky was cloudy, the roads were clear. About half way into the trip, I became a little concerned as light flurries began. But the weather report indicated things should get better, so we kept going. From there, the roads varied between light snow-pack and wet. About an hour later, as I topped a slight hill, the bright red brake lights of a semi truck confronted me. Stepping on my brakes, our car began to slide on slick black ice. Pumping and counter turning, it began to fishtail. Not wanting to go into a spin, I avoided the semi and let us skid into the ditch.

Timothy says he’s just glad he wasn’t the one that was driving.

About a half mile ahead of us, a mini-van had spun out of control and flipped. To avoid hitting it, a semi jack-knifed and blocked the road. A second semi managed to stop, and that’s the one we came up behind.

I got out of our tiny Saturn, which was deep in snow and now pointing back east, and went to the road to wave the cars coming up the hill to slow down. Several drivers, seeing the wreck ahead of them, thought traffic would be stuck there for a couple hours. I have to admire North Dakota response. The police and a sanding dump truck took only minutes to arrive. The dump truck immediately assisted in moving the semi and managed to get it off the road. A path was cleared for traffic to move in less than fifteen minutes. It was amazing.

Unfortunately, we, the only car in the ditch, weren’t among the vehicles leaving.

By the time we were pulled out, it was too late to make the meeting. But I had called by quarter to and made arrangements for a conference call the next day.

So what of all the prayers people were praying for us concerning the meeting that day? Timothy and I are fine. The car is fine. Considering we could have ended up a fixture on the rear of a semi, that’s answer to prayer.

And – prior to the call the next day, I had a chance to relax and go over in my mind what I wanted to say… what I wanted Senator Hoeven to gain from this meeting.

I began by introducing myself and giving him my background as the wife and mother of enrolled members of the Minnesota Chippewa Tribe.

I stated the issue concerning us, and then said, “While the Indian Child Welfare Act is embraced by tribal government, it has hurt many multi-racial children and families across the United States.”

I then quoted from a parent letter, told him a couple stories, and went on from there. I had talking points in front of me, and was able to go point by point quickly and easily. No stuttering, no flusters. Mr. Larson was attentive and kind.  The call went very well. I followed up with an email to him, thanking him for the call and attaching additional information for him, including our legislative draft.

Hmmm… Maybe I should do all our meetings by conference call…

Thanks so much for your support!

To help spread the word – Please also share these important links:


Letters from Families: https://www.caicw.org/familystories.html


Facebook Page: http://facebook.com/fbCAICW.org


Home Website: https://www.caicw.org


Cause page: http://www.causes.com/causes/537834


TWITTER: http://twitter.com/CAICW


EMAIL: administrator@caicw.org

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Beautiful Michelle hanged herself in a closet

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Dec 162010
 

A friend wrote:

“Lisa you can and are free. Free to go on, free to thank God for your life with Roland…free to learn from the craziness and free to take what you can and to leave the rest in God’s hands.”

How beautiful, wonderful, comforting those words are.

But it was worse than just craziness. It had been horrific. Over twenty years earlier, I stepped into the closet where Michelle, who was taller then I, had hanged herself that morning. The wooden rod from which clothing hung just touched the top of my head. She could have saved herself simply by standing up. How could she have hated herself that much? How could anyone hate themselves that much? How deep her despair must have been! Oh, why didn’t any of us realize the extent of her suffering? That beautiful girl! Why didn’t we visit her? Why didn’t I just come and talk to her, be her friend, take her to get her driver’s license as I had promised her? Something?

That very same evening, we got a call from a detective in the emergency room at the medical center. Owen had been stabbed in the chest.

“Oh, No,” I said to the detective. “His sister Michelle just died!”

“Michelle died?” The detective asked, “Do we know how Michelle died?”

“Oh, yes. She was upset about their sister Brenda’s accident and she hanged herself”.

“Brenda?” He asked hesitantly, “And do we know what happened to Brenda?”

“Yes, she fell down a flight of stairs in a wheelchair and reinjured her back”.

The detective paused.

“Do we know how Brenda fell down the stairs?”

“Yes. She was upset that Michelle hadn’t wanted to help her down the stairs. So she threw herself down.”

At this point the detective must have been wondering if there were some kind of conspiracy against the family. I think, in some backward way, many of us hoped there was. It was too much to imagine that all this could happen to one family in one week’s time. Worse – that they had all done it to themselves. It would have been a morbid comfort to have some other explanation.

And this was just one of many “Days of out lives.”

But after some thought, I respond to my friend: “You are right – the memories pain me, but even so, I do thank God for my life with Roland. He actually asked me before he died how I felt about our life together. And I actually had an answer ready—because I’d been thinking about it for awhile.

I told him that we had traveled from the Atlantic to the Pacific. We’ve lived in Canada and helped out at a Children’s home in Mexico. We’ve owned businesses and we’ve been on welfare. At times we had little or no food – and other times we ate at some of the finest restaurants. We have slept on dirty floors with dirty blankets in tribal housing, and we have stayed in upscale hotels on Capitol Hill in Washington DC and in Windsor, BC. I told him our life had been full. He seemed to relax into his pillow upon hearing me say it.

We felt just as comfortable talking to a drunk on Franklin Ave. as we did talking to a US Senator. I’ve called a US Senator looking for my husband, who was in his office at the time. The Senator made a real joke of it, as he handed Roland the phone, about how I can track him down anywhere. And…I’ve had an impossible time finding my husband on the reservation just after our son was born. No one would hand the phone to him then, as they were drinking with him.

A law professor and a state legislator both helped carry Roland’s casket. A retired US Navy Submarine officer carried Roland’s body back to the reservation in the back of his pickup.

Who would I have been without all those experiences?

It’s the truth, isn’t it? Who would I have been if I had married an average man and lived with two cars and 2.5 kids in the suburbs? Really – would I even be a Christian right now? Because it was Roland that essentially led me to Christ.

And …as I correspond with the various families that write to CAICW…how would I even begin to understand them and their fears if I hadn’t been there myself? I am able to write two simple words that mean the world to them… “I understand.”

And it is with that background: the birth mother to five members, the adoptive mother of one, the legal custodian of three, the step mother to four, and aunt to innumerable members of the Minnesota Chippewa Tribe – and as a former licensed Day care provider, foster care provider, as well as registered nurse – I am able to ‘withstand the barbs of the enemy’ and stand tall whenever anyone tries to call me a racist for speaking up on this issue.

I can unashamedly stand up and say what many others can’t bring themselves to say – because I don’t care what names they call me. And I can speak loudly. And I can help that no more children be treated as chattel for the benefit of a corrupt tribal government.

The idea some have that children “belong” on the reservation is racism at its core. It ignores who the child might factually be, who the child is connected to, what the child really wants and, importantly, what the child’s best interests are. It’s well known to everyone that the high school drop out rate, drug abuse, crime, fetal alcohol rate, child abuse, corruption, child neglect, sexual abuse, violence and suicide, etc. is so high on many reservations that no Congressman would ever willingly send their own child to live there…yet everyone is supposed to just go along with the lie that children of heritage must live with it because tribal and federal government say so. It’s not only insane but criminal.

I’m not going to diplomatically dance around so as not to step on toes. Kids are dying. Beautiful Michelle hanged herself in a simple closet, where all she had to do was stand up to save herself.

Others have died of overdose, accident, and violence.

So you are right. I have a job to do, and it is because of my life with Roland that I am able to do it.

– to be the loud-mouthed, angry witch that I am.

Bless you My Friends, you’ve been so good to hang in there with us through all these tough years.

Read “Dying in Indian Country”

Letters from Families, asking for Help – Christian Alliance for Indian Child Welfare

Indian Kids treated like Second Class Citizens

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Dec 142010
 


Mickey came home an hour early from classes one day.

“What are you doing home?” I asked him.

“My advocate let me out.”

“What do you mean, ‘let you out’?”

“Well, I didn’t like my art teacher, so a month or so ago my Indian advocate let me drop the class and go to study hall in his office instead. He’d ask me a couple questions and stuff, but I wasn’t really doing anything there so now he just lets me come home instead.”

I called the advocate. “In the first place,” I told him, “I don’t agree with letting him drop art. He has to work out his problems with his teacher. But in the second place, Mickey got two ‘F’s’ last quarter! How come you’re letting him cut out of school?”

“What are you worried about?” the advocate, also a tribal member, responded, “He’s got three years of school left. He’s got time to catch up.”

About ready to blow up and getting nowhere with this man, I called the principal, who agreed Mickey shouldn’t be leaving school early. It was too late to get Mickey back into the art class, so placed him into the real study hall. Unfortunately, the principal didn’t have the cojones to fire the advocate for being the idiot he was.

Later, Mickey confided that the Indian advocate had told him the following day, “Don’t listen to Beth, all white people talk like that.”

‘What a jerk,’ I thought angrily, ‘why isn’t that so-called advocate helping Mickey apply himself? Don’t they think an Indian kid can be expected to work hard? Do they lookl down on Indian kids that much? If anybody dares treat Andrew that way when he gets to school, expecting less of him just because he’s Indian, I’ll knock em to the moon!

Many places do still treat kids of tribal heritage with lower expectations. Worse, the attitude is encouraged and propagandized by tribal government itself.

One tribal attorney in an Arkansas court just 3 yrs ago – while fighting to take 2 children from a safe, loving home where they were well-cared for and place them in an overcrowded, troubled (documented issues) home that had connection to the tribe – said that Indian children shouldn’t be expected to live by “European standards.” He said Indian children are used to sleeping on floors – and that was okay.

Who is he kidding? Why is tribal government allowed to make racist statements like that? I can tell you with absolute certainty that given the choice, every single child I raised, as well as every relative child that I know, would choose a good bed over a floor. What a bunch of garbage.

The propaganda that children of heritage are somehow different than other kids is in effort, we believe, to keep jurisdiction (and power) over them. The idea put forward is that kids of heritage have an intrinsic attachment to the reservation and will be spiritually destroyed if detached from it.

An article ten years ago said something about looking into the eyes of an Indian child and seeing ‘past generations.’ Was that writer able to look into the eyes of children of other heritages and see the same thing? Why not?

It’s so easy to put one’s own expectations and romanticisms onto a child. People do it all the time. And in doing so – they neglect who the child really is – his/her individuality.

I’m very tired of what boils down to racist rhetoric.

Personally, I looked into the eyes of the nine I raised and saw THEM. I want the ‘powers that be’ to quit pretending these kids are somehow different than others. It’s an excuse to control them as if they are chattel.

This brings us to the Indian Child Welfare Act. It’s a terrible law. Current laws governing placement of children of other heritages already cover the need to keep families connected if possible. At the same time, they protect children from being subjected to abusive and neglectful family, which is something the ICWA does NOT do well because it gives tribal governments the right to decide placement, and they have a conflict of interest. I have seen children placed in inadequate, if not downright terrible situations for the sake of keeping the kids within the system,

The real purpose of ICWA as far as we can tell has nothing to do with the ‘welfare’ of children. It has everything to do with the ‘welfare’ of tribal government. The last census showed that a majority of enrollable people now live off the reservation. Some are still connected, but many no longer choose to be part of the system. But as people move away and don’t enroll their kids in the tribe, tribal governments lose federal money. They also lose people over whom they can rule. That’s the bottom line for ICWA.

This is why the ICWA includes language that claims jurisdiction over “enrollable” children, not just “enrolled” children. They are also free to decide their own membership criteria. For the Cherokee tribe, all that is required is a direct line to the Dawes rolls.

Put those two facts together, and federal government has created a terrible situation for children. Example: Six years ago, a firefighter in Texas, with his wife, took in a newborn baby boy to adopt. After a few weeks, during the process of adoption, it was discovered the child had less than 2% heritage in the Cherokee tribe. The tribe then decided it wants the child, who is more than 98% non-tribal. The child is still unadopted as of today, and the family has spent years and tens of thousands of dollars fighting for him. We have many stories like that.

It’s a genuine crime against these kids.

For more info:

CAICW Facebook ‘Cause’ page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834

The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund

Follow CAICW on TWITTER:   http://twitter.com/CAICW

EMAIL: administrator@caicw.org

CAICW – Christian Evangelism and Ministry – Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do.”

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Read Letters from Families: https://www.caicw.org/familystories.html

UPDATE TO: “They just took my baby after 3 years…her sobbing is forever etched in my soul”;

 Comments Off on UPDATE TO: “They just took my baby after 3 years…her sobbing is forever etched in my soul”;
Dec 092010
 

From Lisa Morris
Administrator
Christian Alliance for Indian Child Welfare (CAICW)

UPDATE!  November 18, 2011

Friday One Year Ago: – A 3-year-old girl was taken from the only home she knew and loved and placed with strangers – extended family who had never bothered to visit her or get to know her.  Her adoptive parents fought for her in court and experts said she would be traumatized by the forced move, but the court decided that was okay and moved her anyway.

Almost five months later, on APRIL 13TH, the adoptive parents got a call to come and get their little girl right away.  There was a problem, and she had to be moved from the home she had been placed in.  They left immediately, driving a couple hours to get her.  When she saw them, she ran into their arms and said she was ready to go “home” – “Can I go home?” she asked –  Adoptive mom wept – but daughter held her tears until after they had left the building, then wept freely.  The people she had been with had told her that her adoptive parents were wolves, and would eat her –

Fortunately, she wasn’t physically hurt during the five months. But she was, indeed, emotionally traumatized.  She was NOT okay.  She had been told there were monsters in the closet who would come eat her if she cried, and she reported that she had been locked in a storage shed.  She was only three so it’s still hard to say what actually happened, but it is known that things were not well – as evidenced by the emergency request by social services for the adoptive parents to go after her.

TODAY – A YEAR TO THE DAY she was taken from them  – the Adoption was finalized and no one can take her away again!

PLEASE SIGN THIS PETITION  – Kids of tribal heritage need protection EQUAL to any other child in the U.S. – PLEASE sign this White House Petition.  If we can get 25,000 signatures by mid-December, the White House will review the petition and give a response!

Children such as the child in this story have no voice – there are many organizations advocating for ICWA, but no other national organization advocates for Children and families who, although U.S. citizens, do NOT have the right to say “No” to tribal government.  Please help by bringing their needs to the attention of those who can change the law.

It is a little complicated to sign this petition – it is on a White House Website and Lord knows they can’t make anything uncomplicated.  But we need your help to do this – Please click the below link, register, and SIGN this petition and ask others to as well!  – Thank you!

http://wh.gov/bvZ

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_________________________________________________________________

Event Took Place Friday, November 19, 2010

Dec. 9, 2010

CAICW Friends;

An adoptive mother made her first contact with CAICW on Facebook about 1am Saturday morning, November 20, 2010, only hours after she had lost her little girl…

“They just took my baby after 3 years…her sobbing is forever etched in my soul. She wanted us to save her and we couldn’t..devastated.”

She then wrote to friends:

“Please sign this petition..the despair on her face pushes me to help destroy this law. She didn’t want to go and was looking for us to protect her and we couldn’t…I can’t remember ever feeling so worthless.”

Saturday, November 20th, 2010, was National Adoption Day. On this day, a small girl, denied the right to be adopted by the only mother she’d ever known, spent the first day in her memory in foster care, frightened and alone amongst strangers. She was denied the right to be adopted solely because of her heritage. In America, having even a small bit of Indian heritage can mean not having the same rights and opportunities for adoption that other children receive.

Saturday, November 20th, was also her adoptive mother’s birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.

We will be taking the petition with us when visiting Congress in DC at the end of January. The purpose of the Petition is to show Congressmen that people are concerned about this law and want it changed to reflect the best interest of children, not government expediency. We want to the rights of parents and children respected. We encourage families that have been affected by ICWA to join us.

If you aren’t able to join us in DC, I urge everyone to obtain the legislative drafts we have available and talk to as many of your US Senators and Representatives and you can, as well as you legislators on the State level. We need to be pushing our representatives on both the federal and state levels to pass protective legislation for these children. No more pretending that what they have decided to do with children of heritage is acceptable or even constitutionally legal.

Finally – CAICW needs financial support. Please help us to:

* Stay in Contact with Families,
* Publish the Newsletter,
* Research Case Law,
* Update & maintain the CAICW.org Website,
* Develop a legal Defense Fund,
* Continue to Educate Federal and State Officials,
* Educate the Community through Facebook and Twitter,
* Speak to and Connect with family-oriented Organizations

All Children need to feel safe. Help CAICW to Advocate, Educate, Assist, & Defend.

https://www.caicw.org/pleasedonate.html

– Please see these sites for more information, and please share these important links:

Read Letters from Families: https://www.caicw.org/familystories.html


How You Can Help: https://www.caicw.org/HowYouHelp.html

Follow CAICW on TWITTER: http://twitter.com/CAICW

Join CAICW on Facebook: http://www.facebook.com/fbCAICW.org

EMAIL: administrator@caicw.org

Thank you all for your prayers and support –

Lisa Morris
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253
Hillsboro, ND 58045

CAICW – Christian Evangelism and Ministry – Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do.”

“They just took my baby after 3 years…her sobbing is forever etched in my soul..”

 Comments Off on “They just took my baby after 3 years…her sobbing is forever etched in my soul..”
Nov 202010
 

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Friends of a family that lost their 3-yr-old to the ICWA law Friday night are  signing and sharing CAICW’s online petition to rescind the Indian Child Welfare Act. CAICW has gotten dozens of new signatures in the last 24 hours.

The adoptive mother had made her first contact with CAICW on Facebook about 1am Saturday morning, only hours after she had lost her little girl….

“They just took my baby after 3 years…her sobbing is forever etched in my soul. She wanted us to save her and we couldn’t..devastated.”

She then wrote to friends:

“Please sign this petition..the despair on her face pushes me to help destroy this law. She didn’t want to go and was looking for us to protect her and we couldn’t…I can’t remember ever feeling so worthless.”

Saturday, November 20th, was National Adoption Day. On this day, a small girl, denied the right to be adopted by the only mother she’d ever known, spent the first day in her memory in foster care, frightened and alone amongst strangers. She was denied the right to be adopted solely because of her heritage. In America, having even a small bit of Indian heritage can mean not having the same rights and opportunities for adoption that other children receive.

Saturday, November 20th, was also her adoptive mother’s birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.

I pray for God’s miraculous intervention right now, even though things seem impossible. Please pray with me. Thanks –

– Please see these sites for more information, and please share these important links:

Read Letters from Families: https://www.caicw.org/familystories.html

ICWA Case Law: https://www.caicw.org/caselaw.html


DonateNow

Follow CAICW on TWITTER: http://twitter.com/CAICW

EMAIL: administrator@caicw.org

CAICW – Christian Evangelism and Ministry – Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do.”

All Children deserve to feel safe: National Adoption Day Kick Off – Nov 20, 2010

 Comments Off on All Children deserve to feel safe: National Adoption Day Kick Off – Nov 20, 2010
Nov 192010
 

 

Please help us Advocate, Educate,  Assist, and Defend
 
 
 
 
 
 
 

Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, once said Congress intended the Indian Child Welfare Act (ICWA)

“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.”

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

However, in the implementation of the ICWA, the exact same thing has been happening to children in reverse. What has to be acknowledged is that we live in a migratory, multi-cultural society. This means that many children who fall under the jurisdiction of the Indian Child Welfare Act have more than one heritage, and many times are predominantly of another heritage, and/or have family who not only haven’t any connection to the Indian Reservation, but have specifically chosen not to participate in the reservation system.

Though some argue that ICWA has safeguards to prevent misuse, scores of multi-racial children have been negatively affected by its application. Letters from birth parents, grandparents, foster families, and pre-adoptive families concerning their children hurt by misapplication of ICWA can be read at ~ https://www.caicw.org/familystories.html

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 can be devastated if taken from the only home they know and love, no matter the heritage, and placed into a home they know nothing about.

In the words of Dr. William Allen, former Chair, US Comm. On Civil Rights (1989) and Emeritus Professor, Political Science MSU;

“… We are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…” (Re: The Indian Child Welfare Act, September 20, 2008, Wahkon, MN)

Consequent to this Congressional error in understanding the practical aspects of the ICWA, dozens of adoptions are held up every year. Some of these adoptive homes have had the children since infancy and are the only homes the children know. However, even simple adoptions can be expensive and many families aren’t prepared for this additional impediment. Time and again families have contacted the Christian Alliance for Indian Child Welfare (CAICW) to ask for help because they don’t have the funds needed to hire attorney’s to defend their children. Some families, after mortgaging their homes and having nothing else to use, have been forced to give up the fight for their children.

– Children have been removed from safe, loving homes and been placed into dangerous situations by Social Services.
– Some Indian and non-Indian families have felt threatened by tribal government.
– Some have had to take out additional mortgage on their homes and endure lengthy legal processes in attempt to protect their children.
– Equal opportunities for adoption, safety and stability are not available to children of all heritages.
– The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in many cases been denied.

Saturday, November 20, 2010 is National Adoption Day. Support Families nationally in defending their children from unreasonable impediment to their adoptions by helping raise $50,000 for ten $5000 Attorney retainer fees for ten Adoptive Families. These would be families that are in the midst of adopting children they have had physical custody of over a long term or from infancy, or stable ‘relative families’ attempting to retain or regain custody within the extended family – whether or not said family is enrollable with a tribe.

The “Fund Attorney Retainers for 10 Families” Drive begins on National Adoption Day, November 20, 2010 and ends on December 31, 2010. The Fund website can be found through FirstGiving.com at http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund

The Christian Alliance for Indian Child Welfare (CAICW) has been advocating for families affected by the Indian Child Welfare Act since 2004 and is the only National org advocating for these families. Our advocacy is both Judicial and Legislative, as well as a prayer resource and shoulder to cry on.

Funds raised from this event will be used to assist up to 10 families in obtaining the legal assistance they need in order to complete their adoptions.

Additional informational links:


Legal and Constitutional concerns re: ICWA https://www.caicw.org/icw.html


Letters from Affected Families: https://www.caicw.org/familystories.html


ICWA Case Law: https://www.caicw.org/caselaw.html

Hurting from ICWA? Help now on Facebook – CAICW

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Oct 252010
 
Follow CAICW on Twitter  
 

Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children have been hurt by misapplication of the Indian Child Welfare Act. These children and their families need encouragement, prayer, and legal help. The biggest way for all of us to help these families is to spread the letters posted on caicw.org (https://www.caicw.org/familystories.html) and let the rest of America know what is going on.

Please help us by sharing the cause!


CAICW is the only National organization advocating for families faced with loss of their children do to what amounts to a racial law. Our advocacy is both Judicial and Legislative as well as being a prayer resource for the families and a shoulder to cry on.

I’d like to encourage families to come to CAICW’s facebook page, where they can connect with other families and discuss, encourage, share insights, share case law, share names of possible attorney’s, and pray for each other.

If you know families hurt by ICWA, please share this.


We are also currently organizing a trip to DC for January, 2011 where we will meet with Gary Bauer of the American Values org, Dr. William Allen, the former Chair of the US Commission on Civil Rights, Senator Tom Coburn’s staff, and many more, to let them know of the problem, advocate for the families, and discuss initiatives that will protect these children. Join US!


Thanks so much for your support!

To help spread the word – Please also share these important links:


Letters from Families: https://www.caicw.org/familystories.html


Facebook Page: http://facebook.com/fbCAICW.org


Home Website: https://www.caicw.org


Cause page: http://www.causes.com/causes/537834


TWITTER: http://twitter.com/CAICW


EMAIL: administrator@caicw.org
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To Those that Love an ICWA Child:

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Jun 112010
 

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– I am one of those –

– that person you are afraid of. That person with whom children were placed, not because I could handle them, not because I even knew them …

In fact, my abilities, emotional stability, and character were never a factor at all. My husband was their grandfather. That’s all that mattered. No one from the tribe or the court ever talked to me about whether I could handle four more kids on top of my own five. No Guardian Ad Litem called to chat. No one seemed to care whether I could do this or not.

The Tribe did finally send a couple women over to do a “home study,” but that was a good year or more after they had already placed the kids with us. That was the first, and last, time anyone checked on our home.

And they didn’t even check the bedrooms. If they had, they would have discovered that not all the kids had their own beds. In fact, not all the kids even had bedrooms. We used two of our shops storage rooms for some of the kids.

No, the two tribal “social workers” who flew in from another state and who we were told would spend two days with us, chatted with my husband for about an hour, then asked how to get to a local attraction. They were anxious to get started with their paid vacation. We were happy to give them directions and be finished with the faux “home study.”

That was it. Never saw them again.

So…our family knows first hand what it takes to be one of our tribe’s “acceptable” Indian homes.

How did it turn out? I’d like to say that we became the Brady Bunch. But it’s not that simple.

In some ways, at various points of time, we did great. There was love, laughs, and kindness, along with the stress, sibling rivalry, and melt downs. The four kids, all under 7 when they arrived, started calling us Mom and Dad, just as our first five did, and all the kids, most of whom were the same age, began referring to each other as brothers & sisters.

But our lives were far from story book (Or even TV series). The reality of the effects of alcohol exposure, crack exposure, and neglect on the four wove through all of our lives. It’s one thing if a family is trying to help one child get through this kind of storm. It’s quite another when one is trying to help four without training, support, or resources – while trying to raise your own five young children at the same time.

Yup. The tribe mandated the ICWA thing, and then left us hanging.

Why did I do it? Why didn’t I just say “No?” Again, because of ICWA. I had seen the conditions in which my husband’s nephews, nieces and other grandchildren were being made to live. I knew that even though I was on the edge of losing my mind, our home was still better and safer than any other that the tribe might choose. I couldn’t turn these four away to that kind of life. Believe it or not—as much as I felt like a basket case on my better days and the wicked witch on my worst, our home was truly the best these children would get in an ICWA placement.

And we had Jesus Christ to lean on, and a wonderful, loving, large church family. Without these, I truly might have lost my mind.

Three years after my husband was given custody, he was diagnosed with cancer. Four years later, he passed away. Through all those hard years, church brothers & sisters practically carried us.

After he passed, though, is when real troubles began. It was as if a dam of emotions, pent up and waiting, suddenly exploded. Some of it was the grief of birth children, some the impulse of teen-agers. The hardest though, was the eruption of FAE angst and the familial predilection to alcoholism as children entered adolescence one by one.

Today the storm is over. Only four of the nine are still minors. At this point in our story, despite years of trying to teach the children the dangers of drugs, all is not well.

Just last week, I gave custody of one of the grandchildren to the county in order that he be able to get the mental health help that he needs, as well as for the protection of the other children still in the home. I did this because the two grandchildren that had thus far reached adulthood have returned to the birth family—as well as the destructive family lifestyle. I now needed to change how I was doing things in order to prevent the same outcome with this child.

I just wish I had fully realized years ago how necessary trained help was, so that the other two might have benefitted as well. (By the way, through correct interpretation of the law, as we explained it to the judge, this particular custody transfer was deemed non-ICWA.)

Long story short—Contrary to the belief of Congress and one-sided, tribal government testimony, the “best interest of the child” does NOT require a relative placement or even an Indian placement.

As much as many tribal leaders want society to believe that all children of heritage are “theirs” and have a “connection” to tribal culture that will crush them if broken, it’s just not true. To some people such things matter, to others, it doesn’t.

My birth children and grandchildren, for example, would be crushed if forced to live on the reservation. My Children may be 50% Indian, but they have been raised in much safer, loving communities than the reservation community in which they are enrolled. Living on the reservation would have destroyed them.

Further, most children aren’t “just” Indian. Ours are also Irish, Scottish, German and even Jewish. All their heritages are equally important. Most children of tribal heritage have other, equally important heritages, and they are all US citizens who should be constitutionally given Equal Protection. Meaning – contrary to common practice today, enrolled children should not be left in conditions that children of any other heritage would be removed from. They are not mere chattel—a means for additional funding— for tribal governments.

Many children, after suffering abuse and neglect, need real help, and several tribal governments are negligent in that they place them into situations where they can not get it.

Time and again I have seen children placed by their tribe into violent, verbally, physically, and even sexually abusive, drug infested homes. I have seen little or no attention given to the emotional and mental health issues these children have had. That isn’t to say that no tribal governments care—it’s just to say that I, having lived in this particular extended family for 30 some years, haven’t seen it.

ICWA, in all our family experience, is a crime against children.

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Case Law for Existing Indian Family Doctrine

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May 112010
 

.Holyfield – the first case in which the federal high court has construed ICWA,

Mississippi Choctaw Indian Band v. Holyfield, 490 US 30 (1989) Docket No. 87-980, Argued January 11, 1989, Decided April 3, 1989, CITATION: 490 U.S. 30, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989),

DISCUSSION: I A The Indian Child Welfare Act of 1978 (ICWA), 92 Stat. 3069, 25 U.S.C. 1901-1963, was the product of rising concern in the mid-1970’s over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes.

Dissenting footnotes: STEVENS, J., filed a dissenting opinion, in which REHNQUIST, C. J., and KENNEDY, J., joined.

[ Footnote 8 ] The explanation of this subsection in the House Report reads as follows: “Subsection (b) directs a State court, having jurisdiction over an Indian child custody proceeding to transfer such proceeding, absent good cause to the contrary, to the appropriate tribal court upon the petition of the parents or the Indian tribe. Either parent is given the right to veto such transfer. The subsection is intended to permit a State court to apply a modified doctrine of forum non conveniens, in appropriate cases, to insure [490 U.S. 30, 61] that the rights of the child as an Indian, the Indian parents or custodian, and the tribe are fully protected.” Id., at 21. In commenting on the provision, the Department of Justice suggested that the section should be clarified to make it perfectly clear that a state court need not surrender jurisdiction of a child custody proceeding if the Indian parent objected. The Department of Justice letter stated:

“Section 101(b) should be amended to prohibit clearly the transfer of a child
placement proceeding to a tribal court when any parent or child over the age of
12 objects to the transfer
.” Id., at 32.

Although the specific suggestion made by the Department of Justice was not in fact implemented, it is noteworthy that there is nothing in the legislative history to suggest that the recommended change was in any way inconsistent with any of the purposes of the statute.

[ Footnote 9 ] Chief Isaac elsewhere expressed a similar concern for the rights of parents with reference to another provision. See Hearing, supra n. 1, at 158 (statement on behalf of National Tribal Chairmen’s Association)

(“We believe the tribe should receive notice in all such cases but where the
child is neither a resident nor domiciliary of the reservation intervention
should require the consent of the natural parents or the blood relative in whose
custody the child has been left by the natural parents. It seems there is a
great potential in the provisions of section 101(c) for infringing parental
wishes and rights”).

But when an Indian child is deliberately abandoned by both parents to a person off the reservation, no purpose of the ICWA is served by closing the state courthouse door to them. The interests of the parents, the Indian child, and the tribe in preventing the unwarranted removal of Indian children from their families and from the reservation are protected by the Act’s substantive and procedural provisions. In addition, if both parents have intentionally invoked the jurisdiction of the state court in an action involving a non-Indian, no interest in tribal self-governance is implicated. See McClanahan v. Arizona State Tax Comm’n, 411 U.S. 164, 173 (1973); Williams v. [490 U.S. 30, 64] Lee, 358 U.S. 217, 219 -220 (1959); Felix v. Patrick, 145 U.S. 317, 332 (1892).


In Bridget R. –In re Bridget R. (1996) 41 Cal.App.4th 1483 (Bridget R.). January 19, 1996 , LLR No. 9601041.CA, Cite as: LLR 1996.CA.41 – The Pomo Twins

[33] As we explain, recognition of the existing Indian family doctrine is necessary in a case such as this in order to preserve ICWA’s constitutionality. We hold that under the Fifth, Tenth and Fourteenth Amendments to the United States Constitution, ICWA does not and cannot apply to invalidate a voluntary termination of parental rights respecting an Indian child who is not domiciled on a reservation, unless the child’s biological parent, or parents, are not only of American Indian descent, but also maintain a significant social, cultural or political relationship with their tribe.

[145] *fn11 We note in passing that Congress in 1987 failed to approve amendments to ICWA which were described in materials considered by the Senate Select Committee on Indian Affairs as having the effect of precluding application of the existing Indian family doctrine. (See Hearings before the Senate Select Com. on Indian Affairs, United States Senate, 100th Cong., 1st Sess. on Oversight Hearings on the Indian Child Welfare Act, Nov. 10, 1987, Appendix B, pp. 167-171.)

In re Alexandria Y.
(1996) 45 Cal.App.4th 1483, –

which applied the “existing Indian family doctrine” to a proceeding to terminate parental rights and implement a pre-adoptive placement.

…., the Fourth District held that “recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA” (In re Alexandria Y., supra, 25 Cal.App.4th at p. 1493), and held that the trial court had acted properly in refusing to apply the ICWA “because neither [the child] nor [the mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve.” (Id. at p. 1485.)

The court observed that not only did neither the mother nor the child have any relationship with the tribe, but also that the father was Hispanic, and that the child was placed in a preadoptive home where Spanish was spoken. “Under these circumstances,” the court commented, “it would be anomalous to allow the ICWA to govern the termination proceedings. It was clearly not the intent of the Congress to do so.” (Id. at p. 1494.)


From Santos y,
In re SANTOS Y., a Person Coming Under the Juvenile Court Law, In re Santos Y. (2001) , Cal.App.4th [No. B144822. Second Dist., Div. Two. July 20, 2001.]

“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, “to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902).”

The court paid “particular attention to In re Bridget R., and quoted from Bridget R.’s due process and equal protection analysis at relative length.”

They also said, “We do not disagree with the proposition that preserving Native-American culture is a significant, if not compelling, governmental interest. We do not, however, see that interest being served by applying the ICWA to a multi-ethnic child who has had a minimal relationship with his assimilated parents, particularly when the tribal interests “can serve no purpose which is sufficiently compelling to overcome the child’s right to remain in the home where he . . . is loved and well cared for, with people to whom the child is daily becoming more attached by bonds of affection and among whom the child feels secure to learn and grow.” (In re Bridget R., supra, 41 Cal.App.4th at p. 1508.)”

Finally, Santos states, “Congress considered amending the ICWA to preclude application of the “existing Indian family doctrine” but did not do so.”

RE: Santos Footnotes, – Existing Family Doctrine:

¬FN 15. Accepting the doctrine: Alabama (S.A. v. E.J.P. (Ala.Civ.App. 1990) 571 So.2d 1187); Indiana (Matter of Adoption of T.R.M. (Ind. 1988) 525 N.E.2d 298); Kansas (Matter of Adoption of Baby Boy L. (Kan. 1982) 643 P.2d 168); Kentucky (Rye v. Weasel (Ky. 1996) 934 S.W. 2d 257); Missouri (In Interest of S.A.M. (Mo.App. 1986) 703 S.W.2d 603); New York (In re Adoption of Baby Girl S. (Sur. 1999) 690 N.Y.S. 2d 907); Oklahoma (Matter of Adoption of Baby Boy D. (Ok. 1985) 742 P.2d 1059); Tennessee (In re Morgan (Tenn.Ct.App. 1997) WL 716880); Washington (Matter of Adoption of Crews (Wash. 1992) 825 P.2d 305).

Rejecting the doctrine: Alaska (Matter of Adoption of T.N.F. (Alaska 1989) 781 P.2d 973); Idaho (Matter of Baby Boy Doe (Idaho 1993) 849 P.2d 925); Illinois (In re Adoption of S.S. (Ill. 1995) 657 N.E.2d 935); New Jersey (Matter of Adoption of a Child of Indian Heritage (N.J. 1988) 111 N.J. 155, 543 A.2d 925); South Dakota (Matter of Adoption of Baade (S.D. 1990) 462 N.W.2d 485); Utah (State, in Interest of D.A.C. (Utah App. 1997) 933 P.2d 993.)
United States Code Title 25 – Indians Chapter 21 – Indian Child Welfare

§ 1911. Indian tribe jurisdiction over Indian child custody proceedings(b) Transfer of proceedings; declination by tribal Court: 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, upon the petition of either parent or the Indian custodian or the Indian child’s tribe: Provided, That such transfer shall be subject to declination by the tribal court of such tribe.

(Ftn 1) “The 2000 Census indicated that as much at 66 percent of the American Indian and Alaska Native population live in urban areas,” the Senate Indian Affairs Committee wrote in a views and estimates letter on March 2 2007. http://www.indianz.com/News/2007/001803.asp
(ftn2) 14th Amendment, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and therefore have all the privileges or immunities of citizens of the United States. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

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Jewish relative keeps custody of Indian kids

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May 092010
 

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But it’s not always a slam-dunk…

SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/local/80121_grandmom26.shtml

Jewish relative keeps custody of Indian kids
Friday, July 26, 2002
By PAUL SHUKOVSKY

The state Supreme Court ruled yesterday that a Jewish grandmother will be allowed to continue raising her Native American grandchildren in her Tacoma home despite assertions from the mother that the children should be with her.

In a legal battle that balanced cultural protections for Indian families and tribes with the best interests of the children, the court ruled that transferring custody to the mother “would likely result in serious emotional and potentially physical damage to the children.”

In 1992, Rebecca Johnston, an Alaskan Indian, and her boyfriend, Mark Mahaney, were living in Anchorage and both were struggling with the ravages of alcohol abuse, according to court documents. That March, they sent their two toddlers to live with their grandmother Erika Mahaney, also of Anchorage. The next year, they gave temporary legal custody to the grandmother, who moved with the youngsters to Tacoma.

The girl, now about 14, and the boy, about 12, have been living with their grandmother ever since and have been raised Jewish, attending Hebrew school and taking Yiddish lessons. The girl, according to court records, describes herself as being Jewish.

Over the years, Rebecca Johnston has made several attempts to regain custody of her children, asserting that she can give them a stable home environment.

An attempt to regain custody in 1994 failed when Erika Mahaney obtained, in Pierce County Superior Court, a temporary non-parental custody order.

Erika Mahaney told the court that the children suffered from “the effects of sexual abuse, domestic violence, general neglect and abandonment” while under their mother’s care.

Johnston denied allegations that she used illegal drugs, and accusations from the girl that she sexually abused her. Johnston admits that she saw her younger brother sexually molest both children. In addition, she spent time behind bars after convictions for driving while intoxicated.

The children have been diagnosed with fetal alcohol syndrome, attention deficit-hyperactivity disorder, post-traumatic stress disorder and other behavioral disorders associated with sexual abuse.

The court ordered that it was in the best interest of the children for the grandmother to retain custody.

Johnston brought her custody battle to the state Court of Appeals in 1999, asserting that under the federal Indian Child Welfare Act, the Superior Court had not evaluated the evidence against her using the “clear and convincing standard” listed in federal Bureau of Indian Affairs guidelines.

And she said that under the law, an expert versed in Indian culture should have been involved in evaluating the evidence against her.

The Indian Child Welfare Act was enacted in 1978 “to promote the security and stability of Indian tribes” while protecting the best interests of Indian children. The law gives a clear preference for keeping Indian children with their families and placing Indian children who must be removed from their homes within their own families or Indian tribes.

The appellate court agreed with the mother and overturned the trial court ruling. The grandmother then brought the case to the Supreme Court.

Yesterday, the Supreme Court handed Mahaney a victory by overturning the court of appeals ruling.

Saying that the guidelines of evaluating the evidence by a clear and convincing standard do not have the effect of law, the court held that the Indian Child Welfare Act does not replace the mandate of Washington state law requiring that the best interests of the child be paramount.

“Even where there is no showing of present parental unfitness … the court may take into consideration emotional and psychological damage from prior unfitness. Moreover, in the case before us, the court is entitled to examine the lack of a bond to the parent and the presence of a bond to the children’s grandmother, who has been their parent figure for most of their lives.”

The court also noted that under the Indian Child Welfare Act, placement with a grandmother, even a non-Indian, is contemplated as appropriate.

The justices quoted the trial lawyer who said that “transferring custody to (the mother) would likely result in serious emotional and potentially physical damage to the children.”
The high court also held that there is no need for an expert witness to have special knowledge of Indian life if the testimony does not inject cultural bias or subjectivity into the proceedings.
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Does the ICWA Serve Children’s or Government’s Welfare?

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May 072010
 

The following is excerpted from a letter written five years ago to Senator Ben Nighthorse Campbell and other members of the Senate Committee on Indian Affairs by a foster mother. Senator Campbell never responded. This letter, and lack of response, mirror the frustrations and despair of parents, foster parents, extended family, and adoptive parents all over the United States:

Senator Campbell,

We are white foster parents to an Indian child who is just over 3 1/2 years old. He has been in our home since he was 18 months old, over 2 years. His birth mother, a member of an Indian tribe, voluntarily placed him in foster care with county Social Services in December 1997.

In January 2000 the tribe moved to take jurisdiction of the case because the county had filed for termination of parental rights. The Tribal Chairman wrote the county in late October 1999 suggesting that the tribe would prefer that the county seek long term foster care for the child rather than termination and adoption. The county, because of the Adoption and Safe Families Act of 1997, was unable to meet the tribe’s request. It was only then that the tribe filed its motion to have jurisdiction transferred.

In the county DSS case file are at least two psychological profiles that indicate the child’s interests are best served by remaining in a stable, familiar environment. There are also psychological reports that indicate that contact between the child and his mother are harmful to the child, that the birth mother has reached a developmental “ceiling” of around 9 -12 years of age, and that she’ll never be able to care for the child (The Tribal Court has ordered that visitation between the child and his birth mother resume).

We understand the importance of the Indian Child Welfare Act. However, we have a very difficult time understanding how the Act is benefiting this child. As it stands, because of the Act, he’s about to lose his home, his family, his stability, his security. He sees a speech therapist twice weekly, an occupational therapist twice weekly and a mental health therapist bi-weekly. Tribal Social Services, if it can’t find an Indian home willing to take this special needs child for the next 15 years, will begin looking for a series of short-term placements. Do you really believe that this is in his best interest? To be shuffled from foster home to foster home to foster home for the next 15 years?
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What is a Qualified Expert Witness?

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May 052010
 

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Qualified Expert Witness:

According to Chief Judge-Sisseton-Wahpeton Sioux Tribal Court, Director-Northern Plains Tribal Judicial Institute-University of North Dakota Law School*, three stages of ICWA contain a requirement of qualified expert testimony to support state court action – foster care placement, termination of parental rights and deviating from the foster care and adoptive placement preference due to the extraordinary needs of the child. 25 U.S.C. SS1912(e); 1912(f), BIA Guidelines, F. 3 at 67594. The failure to produced qualified expert witness testimony may vitiate any proceedings held in state court. See In re. K.H., 981 P.2d. 1190 (Mont. 1999); Doty-Jabbar v. Dallas County, 19 S.W.3d 870 (Tex. App. 5th Dist. 2000). The ICWA does not define, “Qualified Expert Witness.”

However, IN THE MATTER OF THE ADOPTION OF H.M.O. , No. 97-262, MT 175, (1998), it is stated “the Guidelines for State Courts; Indian Child Custody Proceedings (the Guidelines)”, defines expert witnesses for ICWA purposes. Matter of M.E.M. (1981), 195 Mont. 329, 336, 635 P.2d 1313, 1318.

The Guidelines: D.4. Qualified Expert Witnesses

(a) Removal of an Indian child from his or her family must be based on competent testimony from one or more experts qualified to speak specifically to the issue of whether continued custody by the parents or Indian custodian is likely to result in serious physical or emotional damage to the child.

(b) Persons with the following characteristics are most likely to meet the requirements for a qualified expert witness for purposes of Indian child custody proceedings:

(i) A member of the Indian child’s tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and childbearing practices.

(ii) A lay expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and childbearing practices within the Indian child’s tribe.

(iii) A professional person having substantial education and experience in the area of his or her specialty.

44 Fed.Reg. 67584, 67593 (1979).

Despite the third category, H.M.O goes on to say:

33…” courts have held that social workers must have qualifications beyond those of the normal social worker to be qualified as experts for the purposes of the ICWA. See, e.g., In re Elliott (Mich. Ct. App. 1996), 554 N.W.2d 32, 37 (citation omitted); Matter of N.L. (Okla. 1988), 754 P.2d 863, 868 (citations omitted). Those courts based their conclusions on the legislative history of the ICWA which requires “expertise beyond the normal social worker qualifications.” See In re Elliott, 554 N.W.2d at 37 (citation omitted); Matter of N.L., 754 P.2d at 868 (citations omitted); see also House Report for the Indian Child Welfare Act, H.R. 1386, 95 Cong., 2d Sess. 22, reprinted in 1978 U.S.C.C.A.N. 7530, 7545. Based on these cases and legislative history, we hold that a social worker must possess expertise beyond that of the normal social worker to satisfy the qualified expert witness requirement of 25 U.S.C. § 1912(f).

34 As discussed above, Jackman’s report contains no substantive information regarding her qualifications and experience other than that she was a social worker employed by the Department. On the basis of the record before us, we hold that the District Court abused its discretion in concluding that Jackman was a qualified expert witness for ICWA purposes.

QUESTIONS:

If a child is 1/2 Hispanic and has been raised in a Hispanic community, speaking Spanish, does the prevailing social and cultural standards of the tribal community still take precedence in the placement of that child?

What if the child is 9/10 tribal, but his parents simply chose to raise him in an alternate community with alternate standards and customs?

What is the “tribal community?” If the child lives in an inner city tribal Community, would that then be the child’s tribal community? Does an inner city tribal community have the same customs, cultural standards and child rearing practices as a closed reservation does?

Wouldn’t a witness be more qualified and expert in the well being of the child if the witness understood the community in which the child has been raised and the community within which the family exists, rather than the community in which the tribe exists?

Who is the Expert Witness testifying for?
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Iowa Supreme Court Tossed “Indian Child” Definition

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May 032010
 

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From:

Jennifer Delgado – The Daily Iowan
Issue date: 12/11/07 Section: Metro

The Iowa Supreme Court ruled Nov. 30 (2007) that the state’s definition of an “Indian child” is an ethnic classification breaking the 14th Amendment equal-protection clauses in both state and federal Constitutions.

In the future, Iowa will have to come up with a new definition of what constitutes an “Indian child” – one that could possibly be based on tribal membership, UI law Professor Ann Estin said.

The decision comes after a custody case that began in Woodbury County, Iowa, involving two children born in Sioux City. The state removed the children from their home because of their parents’ record of substance abuse. Their mother is a member of the Winnebago tribe; their father is white.

The Winnebago tribe, located in northeastern Nebraska, tried to intervene in the custody proceedings, claiming the children fit the definition of “Indian child” under Iowa law and should be returned to the tribe. But because of this new ruling, the tribe cannot legally get involved in the custody battle.

In the Winnebago tribe, children of members are only eligible for membership if they have at least one-fourth degree Winnebago blood – the two children are only one-eighth degree.

In 2004, the Winnebago tribe passed a resolution stating that the offspring are seen as “children of the Winnebago tribal community” because their mother is a member.

“The Winnebago tribe tried to establish this definition, but the court won’t let it fly,” said Estin, who teaches Indian law.

According to the Iowa Indian Child and Welfare Act, any unmarried Indian who is under the age of 18 or a child who is under 18 that an Indian tribe identifies as a child of their community. Enacted in 2003, its purpose is to clarify state procedures and policies for the federal act. Estin said she believes this ruling is not a step backwards because the federal legislation is still in place, which trumps the state legislation. The 1978 federal law is similar to the Iowa statue but includes Indians who are eligible for membership and who are biological children of a tribal member.’ Estin said a law based on ethnicity is difficult to uphold, and the Iowa statute has gone beyond the federal law.

“The biggest problem is Iowa’s definition of an Indian child is it turns on the child’s ethnicity,” she said. “If Iowa wants to revise the Iowa Indian Child and Welfare Act, it has a clear signal from the Supreme Court that it’s going to have to have some tie to tribal membership.”
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ICWA Case Law & other Authority

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May 012010
 

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Cases:
Adoption of Lindsay C. (1991) 229 Cal.App.3d 404, 280 Cal.Rptr. 194
Doe v. Hughes, Thorness, Gantz, et al. (Alaska 1992) 838 P.2d 804
In re Alexandria Y. (1996) 45 Cal.App.4th 1483, 53 Cal.Rptr.2d 679
In re Alicia S. (1998) 65 Cal.App.4th 79, 76 Cal.Rprt.2d 121
In re Baby Girl A. (1991) 230 Cal.App.3d 1611, 282 Cal.Rptr. 105
In re Brandon M. (1997) 54 Cal.App.4th 1387, 63 Cal.Rptr.2d 671
In re Bridget R. (1996) 41 Cal.App.4th 1483, 49 Cal.Rptr.2d 507
In re Charloe (Ore. 1982) 640 P.2d 608
In re Crystal K. (1990) 226 Cal.App.3d 655, 276 Cal.Rptr. 619
In re Crystal R. (1997) 59 Cal.App.4th 703, 69 Cal.Rptr.2d 414.
In re Derek W. (1999) 73 Cal.App4th 828, 86 Cal. Rptr.2d 742.
In re Desiree F. (2000) 83 Cal.App.4th 460, 99 Cal.Rptr.2d 688
In re John V. (1992) 5 Cal.App.4th 1201, 7 Cal.Rptr. 629
In re Jonathan D. (2001) 92 Cal.App.4th 105, 111 Cal.Rptr.2d 628.
In re Julian B. (2000) 82 Cal.App.4th 1337, modified by 83 Cal.App.4th 935A, 99 Cal.Rptr.2d 241
In re Junious M. (1983) 144 Cal.App.3d 786, 193 Cal.Rptr. 40
In re Kahlen W. (1991) 233 Cal.App.3d 1414, 285 Cal.Rptr. 507
In re Krystle D. (1994) 30 Cal.App.4th 1778, 37 Cal.Rptr.2d 132
In re Larissa G. (1996) 43 Cal.App.4th 505, 51 Cal.Rptr.2d 16
In re Laura F. (2000) 83 Cal.App.4th 583, 99 Cal.Rptr.2d 859
In re Letitia V. v. Superior Court (2000) 81 Cal.App.4th 1009, 97 Cal.Rptr.2d 303
In re Levi U. (2000) 78 Cal.App.4th 191, 92 Cal.Rptr.2d 648
In re Marinna J. (2001) 90 Cal.App.4th 731, 109 Cal.Rptr 2d 267
In re Matthew Z. (2000) 80 Cal.App.4th 545, 95 Cal.Rptr.2d 343
In re Michael G. (1998) 63 Cal.App.4th 700, 74 Cal.Rprt.3d 642
In re Pedro N. (1995) 35 Cal.App.4th 183, 41 Cal.Rptr.2d 507
In re Pima County Juvenile Action (Ariz. 1981) 635 P.2d 187
In re Richard S. 54 Cal.3d 857, 2 Cal.Rptr.2d 2
In re Riva M. (1991) 235 Cal.App.3d 403, 286 Cal.Rptr. 592
In re Robert T. (1988) 200 Cal.App.3d 657, 246 Cal.Rptr. 168
In re Santos Y. (2001) 92 Cal.App.4th 1274, 112 Cal.Rptr.2d 692, review denied (Feb. 13, 2002)
In re Wanomi P. (1989) 216 Cal.App.3d 156, 264 Cal.Rptr. 623
In re William G., Jr. (2001) 89 Cal.App.4th 423, 107 Cal.Rptr.2d 436
Mississippi Choctaw Indian Band v. Holyfield (1989) 490 U.S. 30, L.Ed.2d 29
Morton v. Mancari (1974) 417 U.S. 535
Native Village of Venetie I.R.A. Council v. State of Alaska (9th Cir. 1991) 944 F.2d 548
Santa Clara Pueblo v. Martinez (1978) 436 U.S. 49
Slone v. Inyo County (1991) 230 Cal.App.3d 263, 282 Cal.Rptr. 126
State Ex Rel. Juvenile Dept. of Lane County v. Shuey (Ore.1993) 850 P.2d 378

Cases (de-published or partially unpublished on ICWA issue):
In re Adam N. (2000) 101 Cal.Rptr.2d 181
In re Bettye K.(1991) 285 Cal.Rptr. 633
In re Carlos G. (1999) 88 Cal.Rptr.2d 623
In re Jacqueline L. (1995) 39 Cal.Rptr.2d 178
In re Santos Y. (2001) 110 Cal.Rptr.2d 1
In re Se.T. (2002) 115 Cal.Rptr.2d 335

Statutes and Other Authority (Specific to Indians):
Indian Child Welfare Act of 1978, 25 U.S.C. §§1901 et seq.
Indian Child Welfare Act Regulation, 25 C.F.R. Part 23.
Indian Child Welfare Act, Legislative History, H.R. Rep. 95-1386, 95th Cong.2d Sess. 22, 1978 U.S. Code Cong. & Admin. News 7530.

Bureau of Indian Affairs Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed.Reg. 67584 (Nov. 26, 1979)
California Family Code
Section 7810 [Calif. declaration of policy, existing Indian family doctrine abrogated.]
California Welfare and Institutions Code
Section 305.5 [Transfer to Tribe after reassumption of exclusive jurisdiction.]
Section 360.6 [Calif. declaration of policy, existing Indian family doctrine abrogated.]
Section 11401(e) [AFDC-FC for Indian placements.]
Section 10553.1 [Director’s delegation agreement with Indian Tribe.]

Cal. Rules of Court
Rule 1410 – Persons present.
Rule 1412 (I) – Tribal representatives.
Rule 1439 – Indian Child Welfare Act.
Manual of Policies and Procedures, California Department of Social Services, §31-515 et seq – Indian Child Welfare Act.
Manual of Policies and Procedures, California Department of Social Services, §45-101; §45-202, §45-203. [Implementing section 11401(e).]
SDSS All County Letter No. 89-26, Procedures for Certifying Indian Blood for Children in Adoption Planning.
SDSS All County Letter No. 95-07, AFDC-FC Program Eligible Facility Requirements.
Appeal of William Stanek, 8 Indian L.Rep.5021 (April 1981)(decision of the Commissioner of Indian Affairs.) [p. 3.]
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Original Meaning of the Indian Commerce Clause

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Apr 292010
 

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Contrary to the belief of those that want control over our children, the Indian Commerce Clause did not give Congress the right to enact a law giving those entities that control.

Professor Rob Natelson, Constitutional Law Professor at the University of Montana, Missoula, researched the issue in 2007. The results of his study were documented in a lead article published in vol 85 page 201 of Denver University Law Review (85 Denv. U. L. Rev. 201 (2007)

According to Professor Natelson, “the U.S. Constitution gives Congress only limited powers, and it says nothing about legislating for “Indian child welfare.”

So what gives Congress the power to pass a law like the ICWA?

Some say the Founding Fathers intended to give Congress that power by a section in the Constitution allowing Congress to “regulate Commerce with the Indian Tribes.” But is that true? Are laws like ICWA really constitutional as regulating “Commerce with the Indian Tribes?”

His answer: Absolutely not.

Professor Rob Natelson is one of the country’s top experts on the original meaning of the Constitution. He concluded that the purpose of the section giving power to Congress to regulate commerce with the Indian tribes was to allow Congress to regulate trade between Indians and whites – no more. Foster care, adoption, parental rights, etc. were be governed by state law, not federal law.

Professor Natelson documented his findings in a lead article published in Denver University Law Review. He also examined other claimed bases for laws like the ICWA, including the “Indian trust doctrine” – and he found they didn’t have any merit, either.

“There is not much doubt on the question,” he said. “At least according the Founding Fathers, Congress had absolutely no authority to adopt the ICWA. Eventually, the courts may see their error and strike it down as unconstitutional.”

This article – and some of Professor Natelson’s other research – can be found at www.umt.edu/law/faculty/natelson.htm

The Original Meaning of the Indian Commerce Clause – 85 Denv. U. L. Rev. 201 (2007)

The Legal Meaning of “Commerce” In the Commerce Clause – 80 St. John’s L. Rev. 789 (2006)
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Mother Wins Fight Against Tribe!!

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Jul 242009
 

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Court: Mother’s custody wishes trump those of tribe
Supreme Court rules agency can place child with non-American Indian family

By Cy Ryan (contact) Las Vegas Sun

Thursday, July 23, 2009 1:07 p.m.
Beyond the Sun

* Nevada Supreme Court

CARSON CITY – The Nevada Supreme Court has ruled that a licensed adoption agency in Las Vegas can place an American Indian child with a family, despite the objections of the Cherokee Nation Tribe.

The court, in a unanimous decision, rejected the argument of the Cherokee Nation that the adoption procedures had to go through a tribal court instead of a state district court.

Deziray G., a 23-year-old registered citizen of the Cherokee Nation, gave birth to a son at Valley Hospital in Las Vegas on Jan. 10 2007. Two weeks later she relinquished her parental rights to a licensed adoption and child placement agency, A Child’s Dream of Nevada.

Deziray wanted her child placed with a non-American Indian family identified only as “Christine and John.”

District Judge Gerald Hardcastle signed the order relinquishing the rights of the mother.

The adoption agency also started action to terminate the parental rights of the apparent father, whose paternity was not established.

The Cherokee Nation, based in Oklahoma, filed suit in Reno asking to intervene in the case. During the two-year battle, the child has been with the family favored by the child’s mother.

The Supreme Court, in a unanimous decision Wednesday, ruled the wishes of the mother should be considered over a federal law that favors keeping Indian families together.

Federal law sets forth the cases where a tribal court has exclusive jurisdiction over child custody matters. The Supreme Court said the federal law is to protect American Indian children, families and tribes “from unnecessary and unwarranted separation.”

But the Supreme Court said Congress also intended to honor the desire of the parents of the child in adoption decisions.

In this case, Deziray, although a citizen of the Cherokee Nation, said she did not live on the Cherokee Nation reservation. And in her statement to the district court, she opposed any attempt to transfer jurisdiction in the case to the tribal court.

The Cherokee Nation argued that the child’s maternal grandmother was willing to be a foster parent.

The Supreme Court said there was good cause for the district court to deviate from the adoption framework in the federal law.

Although the case started in the district court in Las Vegas, it ended up in the court in Reno where District Judge Deborah Schumacher made the decision to back the wishes of the mother in the adoption dispute.
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States Not Complying with ICWA – for Good Reason

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Jun 152009
 

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The Second Appellate Court in California issued a partially published opinion in Justin L. v. Superior Court, and stated in part;

“We are growing weary of appeals in which the only error is theDepartment’s
failure to comply with ICWA. (See In re I.G. (2005) 133Cal.App.4th 1246,
1254-1255 [14 published opinions in 2002 through 2005, and72 unpublished cases
statewide in 2005 alone reversing in whole or in part fornoncompliance with
ICWA].) Remand for the limited purpose of the ICWAcompliance is all too common.
(Ibid.) ICWA’s requirements are not new. Yetthe prevalence of inadequate notice
remains disturbingly high.”

Perhaps compliance is difficult because the law itself is unjust, and caring people don’t like to see children subjected to not only unjust, but dangerous law.

And under the single criterion that a home be ICWA eligable, kids are continually being placed into horrible situations with the blessing of both the federal and tribal governments.

And not just kids of tribal heritage – but children of every heritage, because a child doesn’t need to be 100% tribal to for a tribe to have jurisdiction over them through ICWA. Most tribes require only 1/4 blood quantum, meaning the child has an even greater heritage somewhere else. Some tribes require even less to claim a child. For example, a child in Texas has less than 2% tribal heritage, but the tribe is trying to claim him.

The law itself is a crime, and as long as it stays that way, there will be difficulty in getting compassionate people to comply.
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Two more families ask for help

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Jun 082009
 

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We recieved two more letters this last week asking for help.

One is from an aunt of an enrollable child. The other is a foster / pre-adoptive home. They both need lots of prayer and good legal advice.

I am still having trouble finding time to update our website with letters. I don’t think I’ve updated it in a year. But that doesn’t mean the letters have stopped coming. It just means I’m overwhelmed with the children in my home, and trying to provide for everyone.

The problems with ICWa continue to exist and are hurting children across the country.

I pray for time to update the many letters we’ve recieved.
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Reality of Taking in Kids With FAS

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Jun 052009
 

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To the Foster and Adoptive Parents who are loving and in love with babies exposed to alcohol:

Yes, all children need love and being loved does make a huge difference in the life of every human being.

However, if you have other children in your home, you need to think this through very carefully. Especially if the children are around the same age.

All the love you can give the child affected by alcohol and drugs will not necessarily erase all the damage done in utero. Yes, we can pray and God does heal. But God is also sovereign and has the right to decide to allow some afflictions to continue and exist.

I had been raising four affected children for the last 13 years, along with five of my birth children. The two oldest have become adults and are no longer in the home. The two that were babies when I recieved them are still in the home.

I do believe the oldest of the four was a terrible, terrible influence on several of my children. Looking back, remembering how he was giving the younger boys weed when they were only 10 and 11 years old while at the same time appearing to be so charming and cooperative – one can see now that he was a master at being two different people.

People without a conscience have the ability to be appear completely charming and innocent because they have no conscience or guilt.

I was talking to someone the other day and began remembering all the different things; not just drug and alcohol abuse, but sexual issues, lying, stealing, conning, attempting to break into someone’s home, trashing another home, and much more. We had been fighting his worst behavior for seven or more years, but kept giving him more chances – keeping him in the home and around other children – because he was so convincing about being sorry or even innocent. There were also many things I didn’t find out about until much later.

Now I am looking around and seeing the fruit of that 13 years of work. Not only have the two oldest returned to their birth families and are abusing drugs and alcohol, (the oldest to the worst degree, as if he had never been raised any other way) I am also expriencing deep issues with most of my birth children.

Remember that group called Al-anon? That group exists because of the universal emotional hardship of living with someone that is an alcoholic. Living with and loving a person that is dishonest, manipulative and has the ability to make you believe that everything wrong is your fault takes a huge emotional toll.

Do not fool yourself into thinking that your birth children will not be affected by living with someone that has fetal alcohol issues. Children with fetal alcohol struggle with understanding cause and effect. They tend to think of things in terms of immediate gratification, are very self-oriented, and they frequently lack what we call a conscience.

I am now left wondering if what one pastor had told me is true – that I sinned when I took in extra children and neglected my own.

I had one of the two boys that are still in my home taken to a facility two nights ago, and a doctor there is recommending and in-patient treatment for him. We are still waiting to see if Medicaid will pay for it. I might have to bring him home again tonight if we don’t get a response from Medicaid today. If Medicaid doesn’t okay the treatment, I’m not sure what my next step will be. I’ve got to begin thinking about my two birth children who are also still home and start making them a priority – for the first time.
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ICWA steals adoption option from Young Mother

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May 282009
 

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My teenager is pregnant. Freshly graduated from high school, she had planned to go on to college in the fall. There is no argument, from her or me, that she made plenty of foolish decisions over the winter. But here we are, and what do we do now.

We love children, and we love this child. We won’t allow it to be hurt in any way. Abortion isn’t even a consideration. It’s not gonna happen.

But neither is adoption an option. The Indian Child Welfare Act would kick in if we tried it. But it would be over my dead body, literally, that I sit back and allow the tribe to have anything to do with the care and custody of my grandchild.

Too many childen on the reservation, under the “care” of tribal governments, are being raised amid poverty, violence, and alcohol, drug & sexual abuse. Tribal leaders claim that this is the best interest of the child. Bull.

The only ones benefiting from this set up are the tribal leaders themselves – and the money and power they have aquired by having a certain number of tribal members under their thumbs.

Quit blaming rotten reservation life on what happened 150 years ago, 100 years ago, 50 years ago, or even 5 days ago to this or that tribe or tribal member. It has to do with adults making rotten choices, same as my daughter (and I) have done. Plain and simple, everyone needs to grow up and take responsiblity for their lousy lives. And quit subjecting innocent children to the garbage they’re being subjected to.

We are faced then with only one choice – my daughter keeps custody and lets go of many the plans she had for the future, or at the very least, greatly adjusts those plans.

I will do all that I can to help her get through some type of schooling and care for her child. If I have to take physical care of my grandchild, I will do it without going to court for legal custody. I’ve seen too many grandparents robbed of their grandchildren by the tribe to want to mess with it.