Letter to Federal Agency re: Missing and Murdered Native Americans

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Oct 092020
 
dyinginindiancountry.com/

Re: Administration for Children and Families Missing and Murdered Native
Americans Framework

Dear Assistant Secretary Johnson:

We are writing in response to your request for comments on the Administration for Children and Families (ACF) Missing and Murdered Native Americans (MMNA) Framework.

The Christian Alliance for Indian Child Welfare is a Christian ministry and family advocacy dedicated to the safety and welfare of children and families affected by federal Indian policy.

Your framework states that the crisis is a result of the insufficiency of programs meant to target the housing, lack of employment, mental and physical health care, nutrition, and education of tribal members. We believe the problem does not lie in the insufficiency of government programs or funding. There is already too much of both. We believe the problem lies in not recognizing and addressing the root of the crisis. In fact, this crisis might not benefit from intervention by the ACF, a social service agency, at all.

CAICW holds that all United States citizens are individually guaranteed a personal and distinct right to life, liberty, and property, and that no government on earth can remove those rights. We welcome a federal administration that views citizens who are eligible to be tribal members as individuals with separate and unique visions and needs, not as property of a tribal government or as a caricature of who authoritarians claim them to be.

(1) The level of crime and alcohol/drug abuse condoned in many reservation communities has direct correlation to the health and safety of women and children.

Required to address the crisis:

(1) Provisions to control crime and drugs.
a. This tends to get lost in a focus on the “background” or “underlying” public health conditions; and
b. Trying to put everything under the rubric of public health leads to treating the issues indirectly rather than directly, implying as it does that people need treatment rather than protection.

(2) Provisions to address corruption of leadership on many reservations
a. This is rarely addressed by the federal government.
b. This is vital, as leadership affects the temperament of a community. Further, there are cases in which leadership themselves are complicit to abuses – as public testimony showed at a Spirit Lake town hall meeting in February 2013 and in witness testimony to the House Subcommittee on Indian, Insular and Alaska Native Affairs in June 2014.

(3) Provision for protection of women and children:
a. Tribal governments need to partner with proven organizations (such as Operation Underground Rescue, Veterans for Child Rescue, and others) to combat sex trafficking on reservations. These organizations have toolkits already to go, as well as resources to conduct operations to rescue victims. All they need is an ok and request from a tribal entity to partner with them.

b. REQUIRE ALL EMPLOYEES in tribal governments, police, social services, schools, courts and hospitals and ANY PROGRAMMING RELATED TO CHILDREN’S AND WOMEN’S ACTIVITIES to pass strict background checks. Anyone with any record related to domestic or sexual abuse should not be allowed to serve in these positions. Permanently fire any employee convicted of domestic or sexual abuse of any person.

c. Set up a National hotline/safehouse mechanism so that tribal victims can report abuse without fear of retribution from their community or corrupt state entities that are partnering with tribes. This hotline should not be run by the federal, state, or tribal governments or agencies and organizations beholden to them. It should be a system that uses groups mentioned in action item #1. Funding these groups would allow them to set up regional outposts that can quickly and effectively rescue and provide victim services.

d. Provide a mechanism for victims to emancipate themselves from their tribal community if they so choose.

Lastly, government at all levels needs to stop using tax dollars to fix problems created by earlier tax dollars. Government has viewed tribal families (and all other families) as wards of the state. This view was established in the 1930’s by Felix Cohen and the Roosevelt administration and has proven nothing but disastrous. The federal government implemented programs and appropriated funds that created dependency and destroyed personal responsibility and the role of parents. Government agencies then implemented more programs and appropriated more funds for yet more bureaucracy in attempt to address the problems created by the first wave of programs and funding. Each layer of additional programs and bureaucracy has only added to the crisis – never solving anything – as evidenced by the last 90 years of increasing crises in Indian Country under the Roosevelt era policies.

The ACF’s proposed framework calls for even more government funding and bureaucracy to solve what government funding and bureaucracy created in the first place, and throws in additional grants for programs such as Native American Language Preservation and Maintenance – which has no relevance in the crisis of Missing and Murdered Native Americans.

Governments–and government bureaucrats–do not make good parents. Intact families, with fathers who understand and honor their God ordained role as guide, protector, and provider — are the surest defense against having missing and murdered Americans.

Sincerely,

Elizabeth Morris
Chairwoman
Christian Alliance for Indian Child Welfare
administrator@caicw.org

Lloyd Omdahl: No demonstrations for Native Americans

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Sep 082020
 
Reveals result of tribal government corruption

[CAICW Note: While Mr. Omdahl is correct concerning the extent of corruption, protest demonstrations by Native Americans will NOT make a difference. This was already done for many years and included occupations of Alcatraz, Wounded Knee and the BIA building in DC. All that these protests did was cause the death of several people and give certain powerful tribal leaders even more power through underhanded corruption involving federal officials – resulting in increased tribal corruption, oppression and abuse of tribal members. The protests did NOT improve quality of life for a large number of tribal members. In fact, things have only gotten worse.
… What needs to happen is for Americans across the board to demand a genuine end to federal sanction, encouragement and empowerment of tribal government corruption.]

Written By: Lloyd Omdahl | Jun 17th 2020

Native Americans in North Dakota have been experiencing the same discrimination as the African Americans now demonstrating across America.

Hundreds of North Dakotas went to the streets to support African Americans even though we have only a few in the state. It was a demonstration of compassion worthy of the state.

In North Dakota, we shouldn’t think about the suffering of minorities without remembering that we have hundreds of Native Americans with grievances to redress.

In their recent demonstrations, the African Americans were fortunate in that they have been able to focus on a problem that was clearly identified. When it comes to Native Americans, our exploitation and their needs are general, making them difficult to rally societal support.

American Indians in North Dakota are faced with crisis living from the cradle to the grave. Their longevity is years behind whites; their educational system is second class; they experience chronic health problems; they are ill-prepared for off-reservation jobs.

And tribal councils fester with corruption, some highly paid and drawing double salaries, first as council members and second as economic development board members, or casino board members, or any other board that can be utilized. As they are feasting at the trough, their constituents are suffering all of the ailments of a Third World country.

If State Auditor Joshua Gallion was ever allowed on the reservation to identify the corruption in tribal operations, he would never be seen again. He would find at least 50 irregularities on each of the four reservations.

Patronage is still a big problem. Doreen Yellow Bird of the Fort Berthold Reservation once mourned about the rampant nepotism on reservations: “Employing people who support them allows leaders to stay in tribal government positions. Nepotism is hobbling program directors and law enforcement officers.”

And there is a worse kind of patronage in the form of foster care payments, patronage that has ended up with the deaths of several children in the past few years, one just weeks ago.

The problem involves the Indian Child Welfare Act that requires that foster children be returned to the tribe even though white foster parents have provided them with education, medical care and love that would not be available on the reservation.

And why would the tribe exercise the option of demanding children back? Why, Cousin George or Aunt Isabell needs the monthly stipend that goes with foster children. So children get passed around as patronage.

Writing in the Washington Post, the highly respected George F. Will called it “the blood stained Indian Child Welfare Act,” citing the case of a Methodist minister in Bismarck having to give up Indian foster children on the demand of the Spirit Lake Sioux, only to have one of them killed when a grandparent threw the child down an embankment.

Reservations are a curse for Native Americans who are not a part of the ruling cliqués. They are run like Central American republics, with the largesse consumed by a few at the top, and constituents who have little to say about tribal living.

All of the white man’s treaties should have been printed on toilet paper so they could have served some useful purpose. The promises were never kept. The most relevant one today is the assurance that the federal government would provide health care. Despite the chronic ailments suffered by Indians, federal health care was underfunded from the start.

Through the years, we have had study commissions, investigations, meetings with governors and senators, but nothing much has happened. To really solve problems will require money, and there will be no money until Native Americans can deliver huge demonstrations.

In the meantime, discrimination and deprivation on reservations will continue.

READ MORE: https://www.inforum.com/opinion/6538262-Omdahl-No-demonstrations-for-Native-Americans

Lloyd Omdahl is a political scientist and former North Dakota lieutenant governor. His column appears Sundays.

Senator Hoeven and Senate Committee push “historic levels of funding for Indian country in Phase III Coronavirus response”

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Apr 022020
 
Washington DC

While all communities are in need of support during this unprecedented world crisis, when reading the numbers below, note the amount of money given to federal agencies – not to communities, and the number of redundant programs within those agencies.

Remember as well, individual tribal members will be receiving the same $1200 all eligible citizens will receive, and are able to access county and state resources as citizens.

According to a March 26, 2020 Press Release from the Senate Committee on Indian Affairs;

Senator John Hoeven (R-ND), Chairman of the Senate Committee on Indian Affairs, today released the following statement after the United States Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the third phase of legislation to address coronavirus response and mitigation efforts across the country, including American Indian and Alaska Native communities.

“We worked hard to secure necessary resources to help Tribes combat the coronavirus outbreak,” said Hoeven. “This legislation delivers important resources for Indian Tribes to help health care providers, small businesses, schools, communities, and individuals mitigate the impact of COVID-19 in tribal communities.”

The CARES Act includes a number provisions for Indian Tribes, such as:

– $8 billion in the Tribal Stabilization Fund to provide emergency relief to tribal governments and offset costs incurred by Indian Tribes due to the COVID-19 pandemic.
– Ensuring that Indian Tribes and their businesses are eligible for the $454 billion loan guarantee funds and $349 billion under the U.S Small Business Administration (SBA) Loan 7(a) Program.
– $1.032 billion for Indian Health Service (IHS) for coronavirus response efforts, including treatment and preventing the spread of COVID-19 on tribal lands.
– $100 million for USDA’s Food Distribution Program on Indian Reservations.
– $453 million for Bureau of Indian Affairs (BIA) Public Safety and Law Enforcement.
– $327 million for Bureau of Indian Education (BIE) and Tribal Colleges and Universities (TCUs).
– $305 million for Indian Housing Programs at the Department of Housing and Urban Development (HUD).

This bill will now move to the U.S. House of Representatives for further consideration.

DETAILED SUMMARY OF TRIBAL PROVISIONS

U.S. Department of Treasury Tribal Stabilization Fund — Section 601 provides $8 billion in emergency relief funds to Indian Tribes. These funds will be available to tribal governments who certify that the funds will be used to offset expenditures incurred due to the COVID-19 outbreak. In consultation with the Bureau of Indian Affairs, these funds will be disbursed by the Secretary of Treasury.
U.S. Small Business Administration Loan 7(a) Program — Section 1102 makes tribal businesses and tribal government owned businesses eligible for the $349 billion loan guarantee program. Additionally, $265 million has been secured for the education, training, and advising of small businesses in dealing with COVID-19.
U.S. Department of Treasury’s Loans and Guarantee Loans — Section 4002 makes Indian Tribes, and their businesses, eligible for the $454 billion loan guarantee fund.
U.S. Department of Education and the Bureau of Indian Education schools clarification — Section 3511 clarifies that all Bureau of Indian Education schools, including contract and grant schools, are eligible to receive certain U.S. Department of Education waivers due to COVID-19.
Special Diabetes Program for Indians — Section 3832 reauthorizes the SDPI Program to the end of November 2020.
Native Inclusion of Education and Training Relating to Geriatrics — Section 753 awards grants to support the training of health care professionals who treat elderly Native Americans. $40.7 million was authorized in the Act for these grants to eligible entities, including those who prioritize serving older adults in Indian Tribes and tribal organizations.

The legislation also provided supplemental funding to help tribal communities respond to the COVID-19, including:

  • U.S. Department of Agriculture
    1. $100 million for the Food Distribution Program on Indian Reservations
    2. $50 million for Facility Upgrades
    3. $50 million for Additional Food Purchases
  • U.S. Department of the Interior
    1. $453 million for Bureau of Indian Affairs, including Public Safety & Justice, to address COVID-19 on tribal lands
    2. $69 million for Bureau of Indian Education (BIE), of which no less than $20 million is for Tribal Colleges and Universities (TCUs)
  • U.S. Department of Education
    1. $153.8 million for BIE schools
    2. $105 million for Institutions of Higher Education, which includes Tribal Colleges and Universities funding
  • U.S. Department of Health and Human Services
    1. Of the $1.032 billion in funding, the IHS resources will be allocated for:
    1. Up to $65 million for Electronic Health Record Stabilization
    2. Not less than $450 million for Tribal shares and contracts with Urban Indian Organizations
    3. Up to $125 million may be transferred to and merged with the “Indian Health Service, Indian Health Facilities” account
    4. All remaining funds are to be used at the discretion of the Director of the Indian Health Service
  • $15 million for Substance Abuse & Mental Health Services Administration Health Surveillance and Program Support for Indian Tribes
  • $15 million for Indian Tribes to utilize the Office of the Assistant Secretary for Preparedness & Response’s Public Health and Social Services Emergency Fund
  • $1.5 billion for Centers for Disease Control and Prevention (CDC) grants and cooperative agreements of which Indian Tribes, Tribal Organizations, and Urban Indian Organizations are eligible to apply
  • $125 million for CDC coronavirus funding directly to Indian Tribes, Tribal Organizations, and Urban Indian Organizations
  • U.S. Department of Housing and Urban Development
    1. $200 million for the Indian Housing Block Grant Program
    2. $100 million for Indian Community Development Block Grant Program
    3. $5 million for Office of Public and Indian Housing
  • U.S. Department of Commerce
    1. $300 million for assistance to Tribal subsistence, commercial, and charter fisheries affected by COVID-19.

The total increase in the supplemental appropriations funding is $2.692 billion, with more available through competitive grants along with state and local governments, bringing total resources to $10.314 billion for Indian Tribes.

https://www.indian.senate.gov/news/press-release/hoeven-us-senate-passes-historic-levels-funding-indian-country-phase-iii

We will NOT be Intimidated – Send your Testimony for the Commission on Native Children

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Apr 012020
 
Phoenix Arizona

I never use alcohol or drugs – not in decades anyway – and have no intention of starting. While I struggle with ADD – which can definitely make situations more adventurous if not challenging – it hasn’t stopped me from ultimately doing what I need to.

If anyone wants a fuller listing of my faults, they can find them in the book ‘Dying in Indian Country.’ There are plenty of faults in there – (https://dyinginindiancountry.com/ ).

I have a job to finish with ICWA and fully intend to do so.

In fact – following recent events and the dishonest manipulations those events exposed – I have renewed motivation. We cannot leave our families at the mercy of those bent on political agendas, greed and/or personal power.

I have had less time to work with CAICW over the last five years or so because I was in school, working on my Master of Arts: Public Policy, then began my doctorate.

I had also toned down my work over the last three years because I had been nominated to the Commission on Native Children and was advised not to rock boats for a little while.

Well…“a little while” is done. I will no longer remain ‘toned down.’

As some of you know, we have filed Amicus briefs in the Brackeen case. With the Brackeen case and others along the pipes, we might see an end to this horrid law within a couple years. Praise God.

I have also published my Master thesis – which, at 350 pages, is a wealth of documented history from colonial times as well as legislative history and case law concerning various aspects of Indian law. You might be surprised by some of the facts that came out of that research.

“The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act”
https://digitalcommons.liberty.edu/masters/591/

Further, there is the Commission on Native Children. I hope each and every one of you will SUBMIT TESTIMONY.

When you consider the testimony you will be sending to the Commission on Native Children – form it as the message you know CONGRESS needs to hear.

We need genuine talk from genuine people about the best interest of their children, grandchildren, nieces, nephews, siblings, students, foster children, playmates, neighbors, “2nd Cousin’s girlfriend’s grandma’s nieces”… anyone that has anything at all to say. We need to know: What things genuinely helped the children to grow – and which things did not.

We especially need testimony from young adults that have tribal heritage – explaining what they felt helped or hurt them.

The testimony from tribal entities and their supporters, which the writers of the final report will focus on and play up, is that participation in tribal programs, tribal services, language immersion, etc, are the only way our children can be healthy and happy.

To prevent Congress from continuing to sign the lives of our children over to these tribal entities, we need Congress to accept that there is a full range of possibilities for our children – not just the politically-favored viewpoint. If the other options and experiences are not mentioned to the Commission, they won’t be included in the data as acceptable and effective avenues of healthy growth for the children.

One does not need to mention tribal programs if tribal programs haven’t been a part of that child’s experience. That is fine. One could elaborate on what the child HAS experienced as a normal part of growing up. For example – how high school sports impacted a child, or learning jazz dance, or participation in school plays, or an interest in gardening, raising sheep, playing the harp, or the child’s relationship with the church or a particular school teacher.

However, it is also important to mention experiences that were detrimental to health and growth – including whether tribal programs or services were harmful. It is very important to include those experiences if the child has had them. Congress needs to accept that this has been a reality for many, many children.

Did the above make sense? For more information, including where to send your testimony – read this post on CAICW’S blog…

https://caicw.org/2020/03/13/tell-congress-how-to-best-meet-the-needs-of-native-children/?fbclid=IwAR2WTqWCQyNB4nRsldDmjvcRV0_puANlE-9I86M4ZR10cz0M2-wu7VPJFnY

Tell Congress How to Best Meet the Needs of Native Children

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Mar 132020
 
Little girl on trike

The Alyce Spotted Bear and Walter Soboleff Commission on Native Children (also known as the congressional Commission on Native Children, or CNC) wants to hear your experience as a child with tribal heritage – OR – raising children who have tribal heritage. Too often, Commissions such as this have heard from only one segment of the population. However, this Commission – which is tasked by Congress to identify new strategies for lasting solutions and report back to them – wants to hear from ALL who have experience – no matter the relationship. Everyone matters.

– If you are an individual with tribal heritage – what were some of the most beneficial experiences you had growing up? What programs, entities, or individuals helped your growth most? Which experiences were most hurtful or destructive? Again, you can do this anonymously if you choose.

– If you are a parent, grandparent, other relative or foster/adoptive parent who is eligible for membership in a federal tribe but prefer to raise your child outside of the reservation system, please let the Commission know why. Your testimony can be anonymous and will help them to understand tribal members who choose not to be under tribal jurisdiction, as well as help them to assess whether living outside of government programs is beneficial to children.

– If you are a parent, grandparent, extended relative, or adoptive parent who is NOT eligible for membership, YOUR TESTIMONY IS JUST AS RELEVANT AND VITAL.

Has any government – federal, state, tribal or county – attempted to interfere with your

  • chosen worldview?
  • relationship with your extended family/parents/child/children, or
  • method of raising children

If so – how has this affected the well-being of child/children involved?

~

HOW TO SEND

Written testimony is to be given just as much weight as oral testimony and CAN be anonymous.

To send signed testimony identifying you and/or the child – Send your testimony directly to the Commission at: asbwsnc@gmail.com

See near the bottom of the page for how to submit testimony anonymously.

~

WHAT TO SEND

“The Commission will focus its recommendations on solutions to issues that would improve the health, safety, and well-being of Native children, including: child welfare; physical, mental, and behavioral health; educational and vocational opportunities; school district policies and practices; access to cultural and extracurricular activities; juvenile justice; early education and development; wraparound services for Native children.”

It is important to tell your child’s story. Your honest opinion about any of what is described above is important. The Commission needs to know your observations and experience – good or bad. They won’t know the full spectrum of experiences if they continually hear only from the same sources.

Also – if your child has struggles in certain areas, let the Commission know why you think that might be and what methods have been used to try to resolve it.

One federal program, the Administration of Children and Families (ACF), has a budget of about 50 billion and “awards on the average $647 Million to Native Americans through programs like Head Start… TANF, LIHEAP,…and the Administration for Native Americans, to name a few.” Have any of ACF programs benefited your child? Why or why not? Which government programs have helped? Which have hurt?

If your child is doing well physically, emotionally, academically, and/or spiritually – let the Commission know and tell them which factors you believe helped your child attain that well-being. Was there a close relationship that inspired them? A particular tribal, federal, school or church program? – OR no program at all – just stable, loving home life? If so, the Commission NEEDS to know this.

If a Commission hears only from Social Service professionals who continually say ALL Native Children suffer from (fill in the blank) and All NEED a certain social service program to get better… than that is what they will decide needs to be done. If the Commission is not able to obtain alternate data, it will rely on the data social services, organizations and agencies give it.
If you have a different story – please tell it. If the best outcome for a child is in a stable and loving home setting, independent of government programs, the Commission needs to know this.

All the below suggested topics are OPTIONAL. We are putting them here merely to generate thought concerning current federal Indian policy.

You could choose to include any other issue related to your child that you feel needs addressing, including any words or phrases commonly used by governments or organizations when referring to children of heritage that you feel diminish your child.

These are some of the words, phrases and sentences found in the legislation enacting the Commission or providing data to the Commission. What are the thoughts and inferences behind those words? Do they paint a correct or incorrect perception of your child? Are they truthful or paternalistic and condescending? Do they promote children or protect victim-hood? Do you feel ‘triggered’ by any of the words and inferences made by government agents and policies, or do they seem correct to you?

  • “The Wrongs We Are Doing Native American Children,”
  • “The protective role of Native American culture and language”
  • “Complex program requirements and limited resources stymie efforts to reduce the disparities among Native children.”
  • “Acts of Self-Determination Foster Strong Native Families and Communities”
  • “Native Language Holds Culture, Culture Holds Language, and Both Hold Wellness”
  • “Stakeholders” (when referring to a selective group that you don’t believe includes you)
  • Data on all “Native children” is required “to see how well children are cared for” and that the “rights of children and families are adhered to.”
  • ICWA “protects the best interest of the Indian Child and promotes the stability and security of Indian tribes and families.”
  • “Part of ensuring the safety and security of American Indian and Alaska Native (AI/AN) children is having basic data collected that provides information on their circumstances.”
  • Under the AFCARS Rule, agencies can collect and keep “information on children who are not enrolled.”
  • They will examine the “unique challenges Native children face”
  • They will build “on the strengths and leadership of Native communities, with the goal of developing a sustainable system that delivers wrap-around services to Native children.”
  • “Resources and supports for Native children are currently inappropriate, insufficient, or limited by bureaucracy so that they are ineffective.”
  • “The vision of Native children and youth who are resilient, safe, healthy, and secure requires many types of evidence, including a wide range of evaluation data, descriptive research studies, performance measures, innovative practice models, financial and cost data, survey statistics, and analyses of program administrative data; all contributing to shared strengths-focused narratives relevant and useful to tribal leadership and stakeholders.”

OPTIONAL Adoption/Foster care Questions: [Wording is pulled from the conclusions of a 1998 pilot study report]
1. Does placing American Indian children in foster/adoptive non-Indian homes puts them at great risk for experiencing psychological trauma leading to the development of long-term emotional and psychological problems in later life?
2. Are there unique factors of Indian children being placed in non-Indian homes that create damaging effects in the later lives of the children?
3. Do American Indians have a cognitive process different from non-Indians – a cognitive difference in the way Indian children receive, process, integrate and apply new information—in short, a difference in learning style”?
a. Is the difference in learning style a cognitive difference in race, a familial difference, an issue unique to your child, or a symptom of fetal alcohol effects?
4. Are the ties between Indian children and their birth families and culture extremely strong, and the ties between Indian children and non-Indian foster/adoptee families only “foster parent-tie-to-Indian child, not Indian child-ties-to-foster parent?”
5. Do American Indian adults who were adopted into non-Indian families as children have greater problems with self-identity, self-esteem, and inter-personal relationships than do their peers from non-Indian and Indian homes?
6. Do Indian adoptees, regardless of age at placement, list identity with their family and their tribe as their first priority, and the sorrow of not knowing their culture, language, heritage and family as a life-long, often emotionally debilitating anguish?

Encourage as many people as possible to send in their testimony. There has been a long history of misinformation concerning children who have heritage, and it will take the stories of quite a few people to begin to correct the mind-view of government agencies.

~

TO PROVIDE ANONYMOUS TESTIMONY TO THE COMMISSION:

For the Commission to receive anonymous testimony, signed testimony must be given to a trusted CNC Commissioner who will then verify it, remove identifying data, and deliver as anonymous to the full Commission. Elizabeth Morris, chair of CAICW, is a CNC Commissioner.
Elizabeth will keep your signed copy in a protected file and deliver the anonymous copy to the Commission.

You can submit your testimony to Elizabeth Morris at:
administrator@caicw.org

or mail through USPO to:
PO Box 460, Hillsboro, ND 58045

Other Commissioners of the Alyce Spotted Bear and Walter Soboleff Commission on Native
Children
who can receive signed testimony and provide an anonymous copy to the Commission are:

Gloria O’Neill (Chair)
President/CEO, Cook Inlet Tribal Council, Inc.
Alaska

Tami DeCoteau, Ph.D. (Co-Chair)
DeCoteau Trauma-Informed Care & Practice, PLLC
North Dakota

Carlyle Begay
Former State Senator
Arizona

Dolores Subia BigFoot, Ph.D.
Director, Indian Country Child Trauma Center
Oklahoma

Jesse Delmar
Director, Navajo Nation Division of Public Safety
Arizona

Anita Fineday
Managing Director, Indian Child Welfare Program, Casey Family Programs
Minnesota

Don Atqaqsaq Gray
Board Member, Ukpeagvik Inupiat Corporation
Alaska

Leander R. McDonald, Ph. D.
President, United Tribes Technical College
North Dakota

Elizabeth (Lisa) Morris
Administrator, Christian Alliance for Indian Child Welfare
North Dakota

Melody Staebner
Fargo/West Fargo Indian Education Coordinator
North Dakota

Lawmakers Pressure U.S. Indian Health Service to Release Sex Abuse Report

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Feb 252020
 
Stanley Patrick Weber

By Dan Frosch and Christopher Weaver
Updated Feb. 24, 2020 8:03 pm ET

Lawmakers who oversee the U.S. Indian Health Service are demanding the health care agency release a report on its mishandling of a pedophile doctor that it wants to keep confidential, saying the agency must be held accountable.

On Monday, Sen. Tom Udall, (D., N.M.), vice chairman of the Senate Committee on Indian Affairs, said in a statement that the IHS ran the risk of an “appearance of a desire to avoid accountability” if it didn’t disclose “as much of the report as is possible, as soon as possible.” The report focused on the IHS’s failure to protect children during the nearly 30-year-career of staff pediatrician, Stanley Patrick Weber, who was later convicted of sexually abusing Native American boys.

Also on Monday, Sen. Steve Daines (R., Mont.), in a letter to Alex Azar, the secretary of the Department of Health and Human Services, which includes the IHS, wrote: “I am concerned over the lack of transparency with this report, and I strongly urge you to make this report public.”

The IHS commissioned the independent investigation last May, months after The Wall Street Journal and the PBS series Frontline jointly reported that IHS employees ignored warnings about Weber’s abuse of Native American boys for years and shuffled him from one reservation to another despite suspicions.

Last week, the agency said it wouldn’t release the report prepared by contractor Integritas Creative Solutions LLC, because it considered its findings confidential under a 2010 law. That stance prompted anger from victims’ families, former employees and tribal officials.

Mr. Udall said that IHS, which provides health care to about 2.6 million Native Americans, needed to provide a detailed justification to Congress of any legal barriers it was using to keep the report confidential.

Mr. Daines said the agency could release the report but make “appropriate redactions” to protect the privacy of patients and Weber’s victims.

The IHS said it is committed to transparency and is following the law in keeping the report confidential. “Staff are encouraged to participate in these reviews and to be as transparent as possible with the understanding that the goal is to improve the system, not to take punitive action,” the agency said.

The IHS also said it would release a report to Congressional committees overseeing the agency with certain redactions “as soon as possible.”

Other lawmakers joined Messrs. Udall and Daines in urging more transparency from the IHS after its contractor completed the report last month.

“Montanans, and all Americans, expect accountability from their government, perhaps no more so than when a government agency has deeply failed the people it is intended to serve,” said Sen. Jon Tester (D., Mont.), in a statement.

READ MORE – https://www.wsj.com/articles/lawmakers-pressure-u-s-indian-health-service-to-release-sex-abuse-report-11582586359?mod=hp_lista_pos3

(Video) The Implications of Native American Heritage on U.S. Constitutional Protections

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Apr 142017
 
child abuse

Three-yr-old Lauryn Whiteshield was murdered a little over a month after her arrival to her grandfather’s home in the spring of 2013.
This twenty minute video examines the effect of federal Indian policy on the lives, liberty, and property of U.S. citizens across America.
Although the last two U.S censuses show that 75% of tribal members do not live within Indian Country and many have never had any association with the reservation system, federal policies mandate tribal government jurisdiction over individuals of lineage in several areas.
1) Across America, children who have never been near a reservation nor involved in tribal customs – including multi-racial children with extremely minimal blood quantum – have been removed from homes they love and placed with strangers. Some children have been severely hurt in the process.
2) Women victimized by violence can be denied the option of county court, regardless whether they believe justice cannot be obtained in tribal court.
3) Further, the Department of Interior holds title to the property of millions of individual tribal members. Adult citizens are not allowed to sell or use their property as collateral without permission.
This study looks at the practical impact and documented repercussions of policies that, based solely on a person’s lineage, set limitations on what they may do with their lives, children, and property.

Please share this with your friends.

PLEASE also share with YOUR Congressmen. MANY of them take a stand on all kinds of things – from orphans in Russia to immigrants and refugees from overseas. DEMAND that they take a strong stand for children in the United States – CITIZENS subject to abuse by a law they – Congress – created and MUST remove.

Most especially – share your thoughts on this video with the Chairman of the Senate Committee on Indian Affairs – Senator John Hoeven.

Find your State’s Senator and Congressmen here:
https://www.senate.gov/
https://www.house.gov/

Thank you – and PLEASE Share….

Learn More.

https://DyingInIndianCountry.com

https://www.facebook.com/CAICW.org/

Spirit Lake plans to take the twin sister of murdered Laurynn

 Comments Off on Spirit Lake plans to take the twin sister of murdered Laurynn
Mar 012017
 
https://caicw.org

3-yr-old Laurynn and her twin, Michaela, were thrown down an embankment. The woman caring for her – their grandfather’s wife – then told her children to go down and beat them senseless. They did. When they were done, both girls were alive, but Laurynn was “not right.” Her eyes were funny.

Following the beating that day in June 2013, the family took the twins home, gave them a bath, and put them to bed. Sometime later that night, lying on the bed next to her twin, Laurynn died.

3-yr-old Michaela was the first to see her sister dead. She remembers waking up and finding her (in her words) “blue, and gray.” She also still remembers the beatings. It had happened more than once.

But she has forgotten the actual people she was living with. They are mercifully gone from her memory.

She hasn’t had to see them for three years. She was thankfully allowed to return to an off-reservation foster home she and her sister had lived in the first two years of their lives – where they both had felt safe and loved. We will call this the “Loved Home.”

They had only lived in their grandfather’s house a few weeks. In May 2013, they were taken from the “Loved Home” they had lived in since they were babies, and – despite Spirit Lake services being under the oversight of the BIA and US Attorney Tim Purdon – were placed with their grandfather and his wife – who had her own children removed from her in prior years due to neglect and child abuse.

Let this sink in. Under the oversight of federal gov’t agencies, the twins were removed from a safe and loving home they had lived in for over two years and were placed with a woman known to be physically abusive.

Let us also remember why the BIA and US Attorney Tim Purdon were asked to be there, doing oversight at Spirit Lake. It is because so many children were being abused, raped, and murdered, that tribal elders (NOT the tribal council) were very upset and ASKED the federal gov’t to come help.

The child abuse came to a head after a little boy and his sister were both raped and had their throats slit. Nothing had been done about their murders for over a year.

That is why tribal elders asked the BIA to take over tribal social services and law enforcement. That is why US Attorney Tim Purdon and the FBI were supposed to do oversight. All this was already in place when it was decided to take the twins from the Loved Home and put them into a dangerous home.

Spirit Lake Town Meeting, February , 2013
Had Tim Purdon and others done their jobs, perhaps Lauryn would still be alive today. Had he and others listened to tribal members at a February 2013 town-hall meeting, where tribal members made it very clear to Tim Purdon, the tribal council, the BIA and Congressional representatives that things are very, very bad at Spirit Lake and they want SOMEONE to take real action – perhaps Lauryn would still be alive today.

Instead, Tim Purdon basically accused the membership of exaggerating, accused former ACF Director Tom Sullivan of lying about the child abuse, and went on doing nothing to stop the child abuse. The Tribal Council also ignored the pleas of the membership.

Initially, after Laurynn died, the Spirit Lake government decided to keep Michaela on the reservation. Despite the trauma of the beatings and murder, tribal social services ignored the request of the Loved Home to resume care of Michaela, and moved her to another house she was unfamiliar with. The Loved Home was told they would never get her back.

Fortunately, the tribal govt soon changed its mind and quietly allowed her to return to the Loved Home.

But that isn’t the end of the story. Three years later – (meaning at this time) – tribal social service has returned and is intent on moving Michaela to live with her birth mother, whom she barely knows. While mom might have genuine feelings for her daughter, she tested positive for drugs on the day she showed up for a recent visit – one of the first visits in a long time.

I normally never get involved in a situation unless directly asked by a parent, primary caregiver, or close extended family.

I was not given any of the intimate details concerning Michaela by the Loved Home. I have never been to the Loved Home. I have never met anyone who lives at the Loved Home. I was never asked to get involved by anyone at the Loved Home.

There are many people – in more than one community – who know what is going on, including tribal employees who worked at Spirit Lake at the time of Laurynn’s murder. Lots of people want Michaela to be left alone, untouched by the Spirit Lake tribal government.

I know these details to be accurate but will not say how I know. I am doing this – and will continue fighting for Michaela using her real name – because this is the most horrendous thing I have ever heard a tribal government do to a child.

Michaela is terrified of going back to Spirit Lake. Michaela wants to stay at the Loving Home. What caring person in their right mind would find that surprising? She woke up next to her murdered sister, after enduring weeks of abuse together.

The Loving Home has been the only home she has ever felt safe in – and she has lived there most of her 6-years. Only extremely cold, emotionally disconnected hearts empowered by dysfunctional social service policy could ever even dream of moving her from there.

Self-interest and narcissism at its worst.

PLEASE –
– SHARE this post with your friends
– CALL your Senators and Congressmen and ask them to write a letter to the Spirit Lake Tribal Chair respectfully asking her to ensure everything is done in Michaela’s best interest.

– Please especially contact the new Chair of the Senate Committee on Indian Affairs – Senator John Hoeven –

Hoeven, John – (R – ND)
338 Russell Senate Office Building Washington DC 20510
(202) 224-2551
Contact: www.hoeven.senate.gov/public/index.cfm/email-the-senator

– FURTHER – ask your Senators and Congressmen to introduce legislation to clarify the Indian Child Welfare Act – so that NO child ever again goes through what Michaela has gone through and is still going through. Please INSIST this stops. Please insist to your Congressmen that Michaela Whiteshield be left alone, as she wishes to be, permanently – and INSIST the law be changed to make the protection of children a priority over politics.

Find the contact information for your Congressmen at

http://Senate.gov
http://House.gov

BTW – Tim Purdon resigned as US Attorney a couple years ago in order to work for tribal leaders in the Dakotas.

– Maybe ask your Congressmen to have Purdon’s activities investigated as well.

Apr 082016
 
BIA Issues Devastating ‘Anti-Family’ ICWA Rules

I speak not only as the Chair of a national non-profit advocating for the rights of families who have chosen their own political affiliations and disengaged from Indian Country, but as the birth mother and grandmother of enrollable citizens.

As many of you know, on Monday, March 21, 2016, a 6-year-old girl of 1/64 Choctaw ancestry was taken crying from her home by social services, placed in a car, and driven to another state.

To date, her removal has caused the biggest reaction from America as dozens from within her community gathered around her home in prayer – and then personally witnessed her removal in tears. Hundreds of thousands more watched video clips of the event online and cried with them, knowing this little girl – who is not Indian in the eyes of most Americans – was removed from her home solely because of the Indian Child Welfare Act.

Many Americans already knew that our paternalistic federal Indian policy has been hurting tribal members. But in witnessing the pain of a child such as 6-yr-old Lexi, America awakened to the truth that federal Indian policy is hurting citizens of all heritages. What most Americans still don’t know is the extent of hurt. They don’t know there are dozens of children across the country right now facing the same situation Lexi faced – if not worse. In fact, the Cherokee Nation alone has admitted it has over 100 attorney’s targeting over a thousand children across the nation.

ICWA has been around long enough for a generation of children victimized by this law to have grown up. Some former ICWA children are speaking out – saying that due to the forced transfers, they unfortunately grew to hate the reservation. This is the opposite of the purported intent of the law – but should have been expected given the way so many children have been treated under it.

After all – our children are NOT chattel and children of tribal ancestry are NOT cookie-cutter replicas of each other. Nor are they any different from any other child in the United States when ripped from the ones they love.

This should be common sense, but for some reason, a large number of people are willing to believe racist rhetoric to the contrary. Unfortunately, many of those people are within federal government and have control over federal Indian policy.

America – as we all know – is angry with the lack of common sense in our federal government. We are angry over rouge and corrupt bureaucracies, mismanaged funds, lack of protection for U.S. citizens, and inaction by Congress – all of which are evident in the BIA, HHS and DOJ’s protection of tribal sovereignty over the rights and needs of children.

These federal agencies were at the NICWA conference in St. Paul, Minnesota this first weekend in April – celebrating a Memorandum of Understanding between the agencies to enforce the ICWA against our families as well as the formation of a national database on our children which would identify them as property of a tribal government should anything happen to us – their parents. We have tried to bring this process to your attention several times in 2015, but to this date, no one has stopped it.

How many more Lexi’s must be hurt before Congress moves to protect our children from the insanity?

  • On December 3, 2014, U.S Attorney General Eric Holder vowed to give permanent jurisdiction of multi-racial children across the nation to Tribal Governments. In reference to the Indian Child Welfare Act, he stated,

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

  • The BIA is on the verge of implementing new ICWA rules making it almost impossible for dissident enrollable parents to protect their children from tribal governments. https://www.federalregister.gov/articles/2015/03/20/2015-06371/regulations-for-state-courts-and-agencies-in-indian-child-custody-proceedings
  • The ACF under the HHS has recently proposed a rule (https://www.federalregister.gov/articles/2016/04/07/2016-07920/adoption-and-foster-care-analysis-and-reporting-system ) that would place our children on a national database. Our children are NOT chattel for tribal governments and DC officials – and should not be monitored on a database based on an aspect of their heritage. U.S. citizens have a right to choose or refuse political affiliation – as well as protect their children from forced political affiliation based on racist mandates.
  • Principal Deputy Assistant Attorney General Sam Hirsch spoke at the NICWA conference in St. Paul this last weekend and reiterated Attorney General Holder’s threat concerning permanent control over our children and grandchildren. He stated,

    “… To this end, the three departments represented here today have been engaged in extensive interagency collaboration to promote compliance with ICWA. We’ve been talking at all levels – from staff on the ground and in the regions, to the folks on this stage, to our bosses – about how we can creatively use the authorities and resources that each of our agency has to assess and promote compliance with this important federal law. And we’ve taken steps to make sure that this effort lasts beyond our time, by formalizing the agreement to continue this interagency collaboration. Just this past week, our three agencies signed a Memorandum of Understanding, in which we commit to work together on these issues, and in particular, to regularly meet as an interagency workgroup.”

  • Director of Tribal Justice, Tracy Toulou has told us directly on several occasions over the last 15 years that the U.S. Department of Justice is to protect tribal governments, not individual citizens.
  • The DOJ appears to have looked the other way when the Cherokee Nation refused to allow a father to voluntarily relinquish his membership and that of his daughter. (in Matter of M.K.T., C.D.T. and S.A.W., 2016 OK 4.) …This – while tribal governments continually claim their right to discriminate is due to political affiliation, not race.

Our Federal government has literally made the decision to protect tribal sovereignty at all cost – even at the cost of our children.

Many families of heritage, knowing the rate of child abuse, crime, and even murder on their reservations, have in the last few decades moved away from Indian Country. According to the last two U.S censuses, 75% of persons eligible for tribal membership do not live in “Indian Country.” As more families left, tribal leaders – panicked by declining membership – pushed Congress for increased control over children of heritage.

This includes children who are multi-heritage – with one of their parents being totally non-tribal, children who have never been near Indian Country, and even children whose only connection is one dissident great-grandparent who purposefully left the reservation system decades ago. All that matters to the federal government is whether the tribe itself believes the child is enrollable. Individual citizens are being robbed of choice – forced into affiliation based on heritage.

Some tribal governments, as evidenced by the proposed BIA rules and the NICWA conference in St. Paul, demand complete control over our children. Some have been extreme enough to refuse to allow the kids to live in foster homes off the reservation – even if there is no safe home available on the reservation.

Documentation of this abounds. There have been at least two federal studies/hearings held on abuse within Indian Country in the last three years. Regional Director for the Administration of Children and Families, Mr. Tom Sullivan has also documented the resultant placement of children into homes of known child abusers and sex offenders. There have also been known deaths of children after having been placed in dangerous homes.

Mr. Sullivan reported this multiple times to his DC superiors, who told him to cease reporting it, and when he refused, recently began the process of firing him.

Again, America is fed up with officials who don’t do what they were hired to do. Mr. Sullivan is one man who was honestly attempting to do what he was hired to do – protect the children in Indian Country – and he is on the verge of losing his job because of it.

Despite documented deaths of children and mass exodus from Indian Country, Federal government consistently looks the other way while tribal leaders claim to speak for everyone – asking Congress for additional funds and increased control over our children. We understand it is easier to look the other way. But that’s not what we want from our government.

America is angry with DC’s ‘business as usual” and the lack of common sense.

The bottom line is, tribal leaders, NICWA, NARF, the NAIC and Casey Foundation do NOT speak for every person of heritage, nor do they know what is best for every individual child of heritage – no matter whether that child is 100% or 1%. Despite claims of looking out for youth, the reality is tribal leaders have a vested financial interest in maintaining control over our children.

Our Congressmen need to put children before politics.

  • Rescind the Indian Child Welfare Act – which will then do away with the need for draconian rules by federal agencies.
  • Protect an honest and brave public servant – whistle-blower Tom Sullivan.
  • Finally – end the practice of funding tribal governments based on enrollment. Stop putting a price on our children’s heads. – Recognize that treaties did NOT promise everlasting funding. In most cases, treaties promised funding for only twenty years. If the demand is that treaties be upheld – then uphold the twenty-year limit.

Crime and corruption didn’t end just because Jack Abramoff went to prison. Crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money and power.

SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –

 Comments Off on SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –
Nov 162015
 
Spirit Lake Town Meeting, February , 2013

On Nov 22, 2013, Mr. Martin, below, senior aide to Senator Cantwell, made several disparaging remarks concerning ACF Regional Administrator, Thomas Sullivan.

In a rant, Mr. Martin said Mr. Sullivan no longer had his job, Mr. Sullivan lied about his mandated reports, and a hearing would prove the lie. Mr. Martin also accused me of “cherry picking” tragedies within Indian Country and said Spirit Lake is a story on its own.

However, THAT SAME DAY, I was forwarded the email at the bottom of this note. It is an email from ACF Regional Director Tom Sullivan to his superiors. It is timed stamped just three hours after my meeting with Mr. Martin. When shown the letter, Mr. Martin apologized.

Despite Mr. Martin’s claim in his apology below, he did know who Mr. Sullivan was – as he interrupted me with an exclamation before I had even finished introducing Mr. Sullivan to the conversation. ie: I was in the middle of saying, “Tom Sullivan, Regional Director of the… ” when Mr. Martin cut me off with his initial disparaging statement.

At any rate – we do need to continue to share Mr. Sullivan’s letter with as many as possible. Most importantly, we need to share it with the new chair of the House Government Affairs committee – ie “Oversight committee” – The Honorable Chairman Jason Chaffetz of Utah.

Mr. Sullivan has repeatedly reported that the ACF, BIA, FBI and US attorney have not been doing their jobs at Spirit Lake and other reservations. They are allowing tragedy to occur despite the pleas of the people living there. We do need our government to investigate Mr. Sullivan’s claims and the claims of others on reservations across our nation. We want that hearing Mr. Martin suggested.

Yet – two years later, a thorough hearing has not happened and the problems remain – again swept under the rug.

We need friends from every state to contact their Congressional offices as well as their own State Senators and Representatives, and ask for an investigation of Mr. Sullivan’s horrific claims.


Further — IF YOU HAVE PERSONAL STORIES CONCERNING SEXUAL AND PHYSICAL ABUSE THAT HAS BEEN IGNORED BY FEDERAL AND TRIBAL OFFICIALS – PLEASE REPORT YOUR STORY TO –

Report.ToOGR@mail.house.gov

~ PLEASE SHARE THIS WITH YOUR FRIENDS.

———————————————–

———- Forwarded message ———-
From: “Elizabeth Morris”
Date: Nov 22, 2013 10:16 AM
Subject: Re: Mr. Tom Sullivan’s email concerning Spirit Lake
To: “Martin, Kenneth (Indian Affairs)”
Cc: “Thompson, Mariah (Indian Affairs)”

Thank you for your note, Mr. Martin. I appreciate it.I hope you will also concede at some point that we are not “cherry picking.” It is time to admit the depth of what is happening on many reservations. No more playing politics with the lives of a vulnerable community – let alone vulnerable children.

My sisters-in-law, brothers-in-law, nieces, nephews – at the very least – are worth much more than that, (if I can speak personally. It is after all, for personal reasons that my husband and I began this work in the first place.)

But I will not stop with just our extended family. Too many people have come asking for help.

We insist that the facts Mr. Sullivan and others have presented be acted upon.

Thank you again for your response.

—————

On Fri, Nov 22, 2013 at 8:31 AM, Martin, Kenneth (Indian Affairs) wrote:
Ms. Morris,

Thank you for the email. I apologize as I must have misspoke, as I have no information on the issues surrounding Mr. Sullivan and did not intend to insinuate otherwise. Thank you for the opportunity to clarify.

Kenneth Martin

—————-

From: Elizabeth Morris [mailto:administrator@caicw.org]
Sent: Thursday, November 21, 2013 8:15 PM
To: Thompson, Mariah (Indian Affairs); Martin, Kenneth (Indian Affairs)
Subject: Mr. Tom Sullivan’s email concerning Spirit Lake
Ms. Thompson and Mr. Martin

Shortly after our conversation concerning Mr. Tom Sullivan of the ACF, I received this email. It appears to address some of the very issues we had discussed.

Mr. Martin, you had suggested that a hearing would prove Mr. Sullivan had lied. I wonder if it might come to that.

I would appreciate your comments concerning the below. Thanks –

—————————————-

Begin forwarded message:

From: “Sullivan, Thomas (ACF)”
Date: November 21, 2013 1:45:05 PM EST
To: “Mcmullen, Marrianne (ACF)”
Cc: “Chang, Joo Yeun (ACF)” , “McCauley, Mike (ACF)” , “Greenberg, Mark (ACF)”
Subject: Spirit Lake

Marrianne:

In the early evening of October 21, 2013, CNN broadcast a detailed and substantive report entitled “Sex Abuse Rampant on Indian Reservation” about the epidemic of child sexual abuse on the Spirit Lake Reservation. That broadcast ran a little more than 6 months after former Acting Assistant Secretary Sheldon’s April 15, 2013 letter to me prohibiting me, in my official capacity as Denver Regional Administrator for the Administration for Children and Families (ACF), from filing any more Mandated Reports about child sexual abuse at Spirit Lake. Since that policy applied only to me, I believed it was retaliatory and discriminatory.

Your refusal to announce this new policy with any of the other 1500 ACF employees across this country is a clear signal to me that I have been singled out for this retaliatory and discriminatory action which, because of your silence, continues to this very day.

Your continuing exclusion of me from any participation in efforts to address the problems at Spirit Lake is further evidence of retaliation and discrimination.

Mr. Sheldon’s letter to me was accompanied by letters to the BIA’s Ms. Settles and US Attorney Purdon. Unlike his letter to me, his letters to them were full of high praise for their efforts in addressing the epidemic of child sexual abuse at Spirit Lake..

Since I had no contact with Mr. Sheldon after October 11, 2012 and since at that time he had made clear his displeasure with my Mandated Reports, and since I had responded to that displeasure with extensive factual documentation of conditions at Spirit Lake, I was surprised by his letter to me. His unqualified endorsement of the efforts of Ms. Settles and Mr. Purdon was and still is shocking, lacking, as it did, any factual basis for the high praise heaped on them. This contrasted sharply with the factual detail provided in my Mandated Reports.

Believing that Mr. Sheldon must have had some factual basis for the position detailed in his letters to Ms. Settles and Mr. Purdon, I have asked twice for those facts. None have been provided. My emails have been ignored by both you and Mr. Sheldon. I can only presume there are no facts available to justify your position.

My sources have been complaining to Tribal, state and federal agency leadership for more than five years about conditions at Spirit Lake and the maltreatment of children there. Their complaints have been ignored and continue to be ignored. Their documentation unread and then shredded.

I have filed 13 Mandated Reports. All have been ignored or characterized as rumors or exaggerations by Tribal, state, BIA, DOJ as well as other federal agencies. Facts and truth mean little to those charged with defending both the status quo at Spirit Lake and themselves. More importantly the safety of abused American Indian children at Spirit Lake appears to have meant even less. As a result of their misleading puffery more than 100 children remain in the full time care and custody of sexual predators available to be raped daily.

On September 23, 2013, I sent an email to Mr. Sheldon concerning the situation with a young suicidal boy who had fled his foster home. You responded that “Marilyn Kennerson is working with the BIA and tribe to make sure all appropriate measures are being taken to assure this child’s safety.” My sources inform me that nothing has changed for this young boy.

Claims have been made that every allegation in my Mandated Reports have been investigated. Many of my sources say otherwise because they have not been interviewed by anyone in law enforcement. This claim becomes even harder to believe when the US Attorney for North Dakota has indicted, sought a plea deal or prosecuted only one case of child sexual abuse originating on the Spirit Lake Reservation in the last 25 months. I have been told by experienced child protection workers from Spirit Lake that in a typical year there are, on average, 50 cases of child sexual abuse reported, investigated, confirmed and referred for prosecution. Why has the US Attorney prosecuted only one case of child sexual abuse from Spirit Lake in the last 25 months, a case where the actual sexual abuse occurred between 2007 – 2009. Just learned the US Attorney for North Dakota has filed one more charge of child sexual abuse in the last few days, doubling his numbers for the prior 24 months.

Law enforcement at every level at Spirit Lake, including the FBI, BIA, Tribal police and the US Attorney have allowed the Tribal Council to determine which criminal activities will be investigated and prosecuted. For confirmation of this fact please review the last page of the Spirit Lake Tribal Council Meeting Minutes for September 27, 2013, attached for your convenience.

The apparent unwillingness of government at any level to protect the children at Spirit Lake from abuse creates the impression there is a large, unannounced experiment being conducted at Spirit Lake to determine what harm, if any, would be done to abused children who are returned to the care of either their abusive biological parents or abusive foster parents before these parents have completed their court-ordered rehabilitation therapy. But in order for such an experiment to be conducted there would have to be a rigorous research design, with control groups, opportunities for informed consent and extensive data collection. No such safeguards are apparent but children continue to be placed with abusive adults. How strange, all we have is abused children being returned to abusive parents with none of the other elements required for a legitimate research project. Why is such experimentation on these children being tolerated?

Certainly, no one can claim the hypothesis that abused children can be returned to their abusive homes without harm to those children has been proven. Who is responsible for attempting to prove it at Spirit Lake?

A perfect example of this experimentation and the Tribal Council’s control of criminal investigation and prosecution at Spirit Lake is the Tribal Court order from 5 – 6 months ago returning to a biological mother her children even though she has been charged with and convicted in Tribal Court of sexual abuse of her children – she was discovered by police in bed having sex with a male friend while all her children, one of them totally naked, were in the same bed.

The biological mom lives with her children’s grandfather. The children were recently evaluated at the Red River Advocacy Center (RRAC) and it was determined that two of the girls, ages 6 and 7, were being sexually abused by that very same grandfather. The recommendation of the RRAC was that these children were “not to be left alone with the grandfather”. There is a young teenage son in this family who attempted suicide three times before his 14th birthday. The grandfather who has never been charged or prosecuted for his criminal sexual assaults on his granddaughters is the uncle of a Tribal Council member. There is no indication that anyone from law enforcement has launched an investigation of the grandfather’s alleged sexual abuse. It is likely that Council Member would oppose any Council Motion to refer this situation for criminal investigation of his uncle.

The father of these children has petitioned Tribal Court to assume custody. I understand his petitions have been routinely dismissed even though he is ready, able and willing to assume responsibility for his children, caring for them in a safe home. The mother of these children is an enrolled Tribal member. Their father is not.

Conducting an assessment at this point after more than five years of complaints from my sources and after my 13 Mandated Reports seems to simply delay the desperately needed corrective action to get those 100 children to safety. As one of my sources recently wrote, “…when will the government realize we are serious about this….kids are being raped and nobody in law enforcement gives a damn”.

Natalie Stites, an enrolled member of the Cheyenne River Sioux Tribe, and former Project Coordinator in the Attorney General’s office on the Rosebud Reservation writing in LastRealIndians.com in December, 2011 speaks words that need to be considered here, “There are thousands of Lakota, Dakota and Nakota children experiencing abuse and neglect….. Over a third of women raped today were sexually assaulted as children. Sadly all too often abused and neglected children become perpetrators themselves as adolescents and as adults……..There are many complex reasons for the conditions facing the children today: lack of compassion, colonization, epigenetics, grief, violence, the feminization of poverty, the school-to-prison pipeline, organized sexual abuse, unemployment, mental illness, addiction, racism, cultural oppression. These are the roots of our current situation…………….

However, try explaining this to the 5 year old boy who hasn’t eaten a meal in two days, or a beaten 8 year old girl caring for an infant and a toddler like she’s the parent, or a 15 year old youth who faces and eventually joins his addicted parents and the drunken strangers they bring home to party every night. Try explaining to these children why family members, social workers, policy makers, police, courts, schools, health care providers cannot protect them, even after their own parents fail them, or abandon them, or hurt them. Who takes responsibility for this? We must.”

When will we take responsibility?

After your assessment? How long will that take?

How many more months will the Tribe allow this experimentation with their children to continue?

Have a great Thanksgiving.

Thomas F. Sullivan
Regional Administrator, ACF, Denver

———————————————-

From: Mcmullen, Marrianne (ACF)
Sent: Friday, November 01, 2013 6:22 AM
To: Sullivan, Thomas (ACF)
Cc: Chang, Joo Yeun (ACF/ACYF) (ACF); McCauley, Mike (ACF)
Subject: Spirit Lake
Good morning Tom: Attached and below is a memo about ACF’s work on Spirit Lake moving forward.

Tom, as a courtesy based on your expressed interest in matters at Spirit Lake, I wanted to let you know that Children’s Bureau has been actively working with the Spirit Lake tribe on improving their child protection services.

Currently, the National Resource Center for Child Protective Services, funded by CB, is conducting an assessment of Spirit Lake social services. As you may know, numerous assessments have been started over the past 18 months, but leadership changes have stalled and ultimately stopped these processes. Now, however, the new Tribal chair and the new social services director are moving forward with the assessment. Once this assessment is complete, it will provide a roadmap for the policies, practices, procedures and staffing levels that the Tribe needs to establish a successful agency. The Children’s Bureau will work hand-in-hand with the Tribe to follow that map and to ensure that all available resources are brought to bear for the Tribe to be successful in better protecting its children.

I want to be clear with you that the Children’s Bureau is leading this effort for ACF and will manage work with both the Tribal leadership and the Tribal social services staff moving forward. The Children’s Bureau will also be the principal liaison with the state of North Dakota, the Bureau of Indian Affairs and the Dept. of Justice to address child protective issues at Spirit Lake.

As the Immediate Office of the Assistant Secretary, the Children’s Bureau, and the Administration for Native Americans have worked to address concerns at Spirit Lake over the past year, it has become clear that Region 8 IORA involvement has damaged some of the most critical relationships needed for achieving progress for the children and families of Spirit Lake. It is our full intention to rebuild these relationships and move forward in a collegial and productive direction.

Tom, I know you share ACF’s goal of establishing a strong social service system at Spirit Lake that can act quickly and effectively to protect children who may be in danger. It is my expectation that you will refer all future inquiries to the Department concerning Spirit Lake to the Children’s Bureau and respect the Bureau’s role in leading and coordinating the Department’s efforts to achieve the goal of protecting Spirit Lake’s children.

————————————————————

### END FORWARDED MESSAGE

————————————————————

Received a couple days later from a friend – an attorney who has worked quite a bit with Indian law –

Lisa: Thanks for keeping me informed. I read your previous email a few mornings ago and it has been on my mind. In short, I will say that your good heart and good faith, I fear, have blinded you to the fact–I believe it is a fact–that in general not a single institution or person that works with them involved in federal Indian Affairs will ultimately decide to place the interests of individuals above that of Tribes.

And that is what allows so many wrongs, including to innocent children, Indian children, to continue unabated–unacknowledged and unaddressed. That and the personal self-interest of each and every one employed by the system that supports and implements federal Indian policy, from Congress on down.

There is nothing wrong with self-interest. We all have it. But when it combines with an institutionalized policy like federal Indian policy that so powerfully supports one group goal–tribal sovereignty–above all else, this serves to allow and even justify in some people’s eyes the submergence of the individual, their rights, their property, their lives, even their children.

The well-being, even the existence, of these, is sacrificed to the twin powers of federal Indian policy support for the preservation and expansion of tribal sovereignty and the self-interest of those involved.

It is difficult and tragic. In my opinion – and while you know I have worked with the law of this a long time, you should recall I have not worked in the trenches, with the individuals on the personal basis you have – the only way to make real change is through the courts recognizing the full individual worth and rights, most importantly federal constitutional rights, of each and every person in the U.S. in contact with tribal power; and that those rights, and the federal constitution, therefore, provide the limit of such tribal power beyond which it cannot go.

Without that, I think the institutions of federal Indian policy, and the individuals within them, will not help you and your allies accomplish the noble goals you have for Indian children.

====================

My response –

Elizabeth Morris
1:04 PM (14 minutes ago)

Thanks for your note. I appreciate your honesty.
I appreciate it as a confirmation of what we had suspected. It is such a hard thing to fathom. So impossible to absorb and accept – that even our FBI and our US Attorney won’t stand up against the atrocities being committed.

However – I can’t let it – even though true – stop our efforts to bring it down.

If nothing else – the knowledge that it is indeed, true, only strengthens my resolve. I can’t let the bad guys – the bullies – win. I just can’t.

I do want to continue working through the courts. I was encouraged by Justice Thomas’ concurrence in the June case. I haven’t given up on that avenue.

But I can’t stand down in this effort, either.
Thanks for your honesty – and thank you for being a good friend.

Lisa

~ ~ What, then, shall we say in response to these things? If God is for us, who can be against us? Romans 8:31

Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org

Twitter: http://twitter.com/CAICW ( @CAICW )
Facebook:

May 232015
 
Roland and his newborn, 1990

A friend or relative appears to be struggling with the difficulties of parenting and appears to either not understand the needs of children at varied points in their development, or is overwhelmed with inside or outside stress and has been unable to complete certain tasks.

You want to help, but are uncertain how. Should you tell yourself it is none of your business and look the other way, speak to the parents privately and appear to be a busy-body, or anonymously call CPS and let them be the bad guys?

You need to decide what degree of danger the children are factually in and take steps based on that determination.

Wearing the same clothes for two days in a row is not necessarily child neglect. Some parents might simply be good stewards of limited resources. I once knew a wonderful mom who checked the clothes for soil, and if they were fine, hung them up again for use the next day. This family was cutting down not only on laundry expense, but the wear and tear of good clothing (the lint trap in your dryer is evidence of the wear and tear of frequent washing.) This was simply a lifestyle choice.

In fact, there is nothing wrong with living in what others might call “poverty.” Some of our best years as a family were when we lived extremely low income. In rural Montana, out in the middle of a cornfield, we opted to go without government welfare programs, despite the fact we would have easily qualified. Instead, we obtained goats and chickens (most of which were given to us by friends), taught our kids chores, baked bread from scratch, and raised a garden in glorious view of the Mission Mountains.

This was a lifestyle choice – and it was a healthy choice for our family physically, emotionally and spiritually.

Difficulties only arose when we felt compelled to take in extra children after being called by county social workers in accordance with the Indian Child Welfare Act. My husband’s adult children were struggling with addiction, and someone needed to take the grandchildren.

You see, ICWA had no qualms about our “poverty” status. That was a non-issue. However…our inability to handle that many children – theirs and ours – under the age of 8 was also a non-issue. ICWA workers weren’t at all concerned about whether we were capable and didn’t do any kind of home study or background check prior to placing four children with us. The only concern they had was to find a relative home – no matter what condition the home was in.

Twenty years later, after having raised all the children to adulthood, we belatedly know how the situation could have been handled much better for all concerned.

What I will tell you next is how I wish it had been handled and how I now advise others to handle similar situations.

Know this, first off. The placement of a child by tribal social services is not always in the best interest of the child. We have numerous documented accounts of placements made out of expediency for tribal government and tribal social services with little regard for the factual needs of the child. You do not want to take children out of the frying pan and put them into the fire.

There is financial incentive for a tribal government to take jurisdiction over a child. Tribal governments do get more money per head. Federal dollars are tied to tribal rolls and the U.S. census. The fact that a child in question has never been enrolled previously only increases the incentive, as it means an addition of dollars the tribal entity had not had up to that point. The true purpose of ICWA is to protect tribal sovereignty, not children.

For more explanation of this and what has been factually happening to children, Read: – https://caicw.org/2015/05/21/ive-messed-up-and-someone-is-threatening-to-call-cps/#.VWDZE6jlY6k

Second, if a child has even the smallest – or even a suspected – percentage of heritage. social services and court systems of every jurisdiction across the country are advised to contact a tribal government to take jurisdiction if the tribe so chooses. It is a guideline right now, but could become a permanent rule within the year.

What if the family you are concerned with has had no connection to or interest in being associated with tribal government? What if the family has purposefully decided to distance themselves from the reservation system? According to the BIA guidelines, that is irrelevant. The only matter of concern is whether the tribal government wants the child as a member. If they do, no other entity can stand in the way, including the parents.

With all this in mind, you need to decide whether intervention is necessary for the family you are concerned with, and if so, what kind of intervention.

If you decide to speak to the parents directly and offer personal assistance, the following points could help:

#1) Assure the parents that they are capable of raising their child, but simply need some short term guidance and teaching. Many parents respond better if they feel they are respected and not mocked. Assure them that you love them all and want to help before some stranger calls CPS and causes trouble for them.

#2) Determine to help them bond well and stay bonded to their child. If together you decide the child should be moved to your home or the home of another in order to give respite to the parents, make healthy reunification the primary and foundational goal. You do NOT want to raise their child to adulthood.

#3) Understand your own needs and limitations. I did not do this. I did not understand at the time that I was factually a loner who thrives on alone time. I could deal with my own children, but dealing with children I did not know very well almost broke me.

If you are a loner, see if other family or friends might share the responsibility with you. If, for example, you take actual custody, perhaps others can commit to scheduled and consistent respite care for you.

#4) If at all possible, leave CPS out of this, especially if the child has tribal heritage. You want the parents to be successful as a family – not destroyed. While there are many social workers and systems throughout the country that also want the family to be successful, there is no guarantee this will happen once a tribal government intervenes, and the current BIA guidelines can (and the probable rules will) tie the hands of all well-meaning social services and courts.

I am not afraid to make the last statement. Documentation of dangerous placements by tribal courts abound. See ACF Regional Director Tom Sullivan’s whistle blower report as just one example of documented evidence. READ – https://caicw.org/2015/05/10/acf-regional-director-blowing-the-whistle-on-child-abuse/#.VWDZfKjlY6k

#5) The success in helping the family won’t be the result of separating them from their child – but in how patiently and lovingly you can teach the parents to be the best parents they can be….together with how willing and open they are to being taught.

Willingness will have to come from both sides. – they need to be willing to submit to at least weekly hands on teaching in the comfort and care of a child – spending the day with you, if possible – and the more often they do this, the more willing to be taught, the sooner they can resume as an independent family. This doesn’t have to take many weeks. It could end up being just a short time. It will depend on how willing they are to be taught.

#6) Speak the TRUTH – with Love. Yes, the truth can hurt. But outside of the truth, little will change. You will need courage and wisdom to identify the true problem areas and speak about them with gentleness. The parents will need courage and wisdom to accept the truth with humility and deal appropriately with it. God be with you all in the process.

#7) Leave money out of the issue if at all possible. Do not make this about money if you can avoid it. But in your teaching, encourage the parents to take increasing personal financial responsibility for the child’s physical and educational needs.

Take the hit and appear to be a busybody.

The government should be called where children are in danger and there is no other way to protect them.

Dec 052014
 

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

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

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

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

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

Attorney General Eric Holder;

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

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

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

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

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

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

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

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

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

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

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

The facts are:

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

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

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

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

To better protect children, we need to:

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

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

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

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

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

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

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

Infant brutally murdered by father –

 Comments Off on Infant brutally murdered by father –
Oct 252014
 

The death of 2 1/2 month old Joseph Jenkins on October 17, 2014, was just outside my husband’s reservation.

The Bemidji Pioneer news report states, “The St. Louis County medical examiner said the infant had experienced blunt force trauma as well as cuts and injuries to his chest, abdomen, hand, fingers, feet and toes, according to the complaint.

Investigators interviewed the infant’s mother, who said Jenkins bit their son many times because the baby was crying, according to the complaint. Jenkins wouldn’t allow the baby to go to a scheduled medical appointment because Jenkins did not want anyone to see the injuries.She also said they made up the story about the neighbor’s dog biting the baby, according to the complaint.Jenkins allegedly “committed multiple acts of child abuse on his infant son,” County Attorney John J. Muhar said in a statement.Jenkins has multiple convictions, including for domestic abuse and driving while intoxicated, according to court records.”

We don’t know yet if there was any tribal social service involvement – but the story illustrates again the pervasive violence within my husband’s community.

Many people (not all) in my husband’s community look the other way. That’s simple fact, whether admitted or not.

There is a climate of “mind your own business.” “This doesn’t concern you.” People who “stick their nose in where they don’t belong” can end up getting beaten, as well.

It is that climate, which disallows anyone from saying anything – that contributes to the cycle of depression, abuse, hopelessness, and suicide.

It is a climate of violence and fear. Increased federal funding or tribal sovereignty isn’t going to fix that. It just reinforces it – rewarding and protecting the lifestyles of abusers.

Blaming the past, or pushing hypotheses of “historical trauma,” and “white privilege” isn’t going to fix the extensive abuse, anger and depression either. Those faux concepts only INCREASE feelings of anger and hopelessness.

There are people at the top of the food chain who benefit from this garbage at the expense of everyone else. Power corrupts and absolute power corrupts absolutely.

They want people to keep on blaming – and never look inside to what is really going on.

Matthew 24:12 (NIV) “Because of the increase of wickedness, the love of most will grow cold”

Job 24:15,17 (NIV) “The eye of the adulterer watches for dusk; he thinks, ‘No eye will see me,’ and he keeps his face concealed… For all of them, deep darkness is their morning; they make friends with the terrors of darkness.”

Isa 29:15 (NIV) “Woe to those who go to great depths to hide their plans from the Lord, who do their work in darkness and think, “Who sees us? Who will know?”

Psalm 36 1-4 (NIV) “I have a message from God in my heart concerning the sinfulness of the wicked: There is no fear of God before their eyes. In their own eyes they flatter themselves too much to detect or hate their sin. The words of their mouths are wicked and deceitful; they fail to act wisely or do good. Even on their beds they plot evil; they commit themselves to a sinful course and do not reject what is wrong.”

Jeremiah 17: 9-10 (NIV) “The human mind is more deceitful than anything else. It is incurably bad. Who can understand it? I, the Lord, probe into people’s minds. I examine people’s hearts. And I deal with each person according to how he has behaved. I give them what they deserve based on what they have done.

1 Corinthians 4:5b “[God] will bring to light what is hidden in darkness and will expose the motives of the heart.

James 1:21 (NIV) “Therefore, get rid of all moral filth and the evil that is so prevalent and humbly accept the word planted in you, which can save you.”

Prov 28:13 (NIV) “He who conceals his sins does not prosper, but whoever confesses and renounces them finds mercy.”

1 Thes 5:5-8a (NIV) You are all sons of the light and sons of the day. We do not belong to the night or to the darkness. So then, let us not be like others who are asleep, but let us be alert and self-controlled. For those who sleep, sleep at night, and those who get drunk, get drunk at night. But since we belong to the day, let us be self-controlled.

Ps 119:105 (NIV) “Your word is a lamp to my feet and a light for my path.”

2 Cor 4:2,6 (NIV) “We have renounced secret and shameful ways… For God who said, “Let light shine out of darkness,” made his light shine in our hearts to give us the knowledge of the glory of God in the face of Christ.”

Ephesians 5:8-14 (NIV) “For you were once darkness, but now you are light in the Lord. Live as children of light (for the fruit of the light consists in all goodness, righteousness and truth) and find out what pleases the Lord. Have nothing to do with the fruitless deeds of darkness, but rather expose them. It is shameful even to mention what the disobedient do in secret. But everything exposed by the light becomes visible—and everything that is illuminated becomes a light. This is why it is said:

“Wake up, sleeper,
rise from the dead,
and Christ will shine on you.

http://www.bemidjipioneer.com/content/updated-itasca-county-man-charged-infant-sons-death

Aug 132014
 
https://www.youtube.com/watch?v=TEogtESN5Wo

Sage was 4-years-old and one of the first children to be hurt by the Indian Child Welfare Act in 1978. She was 6-years when she and the family she loved went on the run to protect her from the law that intended to force to live with an abusive birth parent. She was 13 when she was finally forcibly taken from her family to be placed on the reservation with the birth mother who had almost killed her.

She tells her story of going on the run with her chosen parents, her trauma of being taken from them, and ultimate relief when she was finally released from the reservation and allowed to return home. To this day, thirty-some years later, she is upset by what the government and ICWA put her through.

– http://youtu.be/TEogtESN5Wo

MN Teens Ask Us About ICWA –

 Comments Off on MN Teens Ask Us About ICWA –
Mar 202014
 

A couple 8th grade students wrote to us, asking for information concerning the ICWA. This was my response…

———- Forwarded message ———-
From: Elizabeth Morris
Date: Thu, Mar 20, 2014 at 1:12 AM
Subject: The Indian Child Welfare Act (ICWA)
To:

Hello, Cecilia.

I am happy to help two students from northern Minnesota. I was raised in the Twin Cities and my husband, Roland John Morris, Sr., was a member of the Minnesota Chippewa Tribe – Leech Lake. He passed away in 2004.

Although he was born and raised near Cass Lake, spoke only Ojibwe until he started kindergarten, and was raised practicing many traditions, he was very opposed to tribal government control over him and his family. He believed that many tribal governments are deeply corrupt and are harming people more than they are helping them. He believed the Indian Child Welfare Act was particularly harmful to children and families – and was opposed to tribal government having any jurisdiction over his children or grandchildren.

He went to Washington DC many times to talk to Congressmen about how tribal governments were hurting people. The last time he went was just three weeks before he passed away. His doctor told him not to go, but it is what he wanted to do.

I will tell you what we know of the ICWA.

Almost twenty years ago, a six-year-old boy and his five-year-old sister searched for breakfast while the adults in the house slept off the previous night’s party. He was used to having to care for his four younger siblings. Many times it had been his job to keep them all in the bedroom while adults were enjoying themselves in other areas. During those frequent parties, according to the boy, they weren’t allowed out of the room except to go to the bathroom. Although He was enrolled in the first grade and his sister was enrolled in kindergarten, they rarely made it to school, their hair was infested with lice, and their parents sold the baby’s formula to support their drug habit.

On this morning, instead of finding cereal, the two small children found “long guns” in the cupboard. No, despite the behavior of the adults in his life, he didn’t shoot his sister. However, a social worker commented later that had these children been of white or black heritage, they would have been removed from that home a long time earlier. But because they were of Indian heritage, they were not allowed the same protection that other children would have received.

Thirteen years ago, a teenage girl from Leech Lake, angry at the world because she had been taken from a safe, happy home and placed with dangerous relatives because of the ICWA, went along with her boyfriend to do violence against the very people she loved most and felt safest with. http://www.startribune.com/local/190953261.html?refer=y

On June 11, 1999, a non-tribal mother was given 30 minutes notice to show up in Red Lake Tribal Court to defend her legal custody of her children. Not having any time to obtain counsel, she stood by helplessly as the court transferred physical custody of all three children to the man that had fathered the youngest two. The man, who was a tribal member, then turned around and obtained an order to forcibly remove her from the reservation. On June 13, she was served the order to get off the reservation and wasn’t given any time to return home to get clothes and possessions.

In November of 1999, an 8-year-old Brenda Swearington was beaten to death by her great uncle, whom she, along with her siblings, was placed with under the Indian Child Welfare Act. According to a court transcript, the uncle was quoted as saying, “I just lost my temper. Hit her, kicked her too hard when she wasn’t doing what she was supposed to be doing.” A witness stated having seen him pick the little girl up by her throat, “put her against the wall, let go of her, kicked her.”

According to the Native American Press, after the child’s death, other relatives begged the Leech Lake Reservation to pull out of the ICWA program, blaming the program’s priorities and staff for the little girl’s murder. One relative stated that if the ICWA staff had actually looked at the record of the great Uncle and Aunt, they should never have been chosen as caregivers.

Kayla, a fifth grader raised by her non-tribal aunt since she was 8 months old, wanted to stay in the only home she ever knew. She wanted to stay in Kentucky and continue with her basketball and cheerleading. But in 1994, the North Dakota Standing Rock Sioux Tribe sued. A reporter wrote for the Associated Press that the tribe was needed her because they were struggling to keep their cultural heritage and identity intact. In that same article, a representative of a group called NARF 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. This is the true purpose of the Indian Child Welfare Act: to return children to the reservation for the tribal government’s benefit. All Kayla wanted was for life to go back to normal.

Around 1996, A young South Dakota mother was diagnosed with cancer. Wanting her three children raised in a better way than she had, she moved off the reservation and began going to a Christian church. Feeling so strongly about how destructive her life on the reservation had been, she refused to enroll her children or have them involved in tribal programs including “Head Start.” She also asked a friend to care for her children once she passed on. But before a legal will could be written, she died suddenly from a heart attack.

The State Court turned the children over to the tribe as mandated by the Indian Child Welfare Act, pulling them out of school and away from non-tribal relatives and friends and placing them into foster care on the reservation. Although an Indian/white couple that lived off the reservation was interested in adopting the children, the tribal court chose instead to leave them in a reservation foster home. During the process, a lawyer for the tribe confided that in this tribe of about five thousand members, they had about one thousand children in foster care.

On Jan 6, 2000 — more than 2 years from their first notice that “Carl” was living with non-Indians off the reservation — a tribal council voted to gain custody of the child, seeking to “protect his Native American heritage.” The tribal resolution indicated a transfer is more in the interest of the tribe than “Carl” when it stated; “Whereas, the Tribal Council has determined that there is no resource more vital to the continued existence and integrity of this Tribe than its children.”

However, the birth mother, an enrolled tribal member, voluntarily placed her baby in foster care with the county when he was 18 months old and told caseworkers she was opposed to her tribe’s intervention and that she had no ties to the tribe. The tribe subsequently declined jurisdiction, and continued to waive involvement over the next two years. The baby was placed in a white home. According to Carl’s custodial mother, “One problem we’re encountering is that when some of these people hear “ICWA” they just want to lay down and give up.”

This same scenario continues to be played out across America on a daily basis. Children who had never been near a reservation nor involved in tribal customs – including multi-racial children with extremely minimal blood quantum – have been removed from homes they know and love and placed with strangers chosen by tribal social services.

We hear story after story of children being used and abused by the system under the Indian Child Welfare Act, while tribal and federal authorities look the other way and pretend it isn’t happening. Everyone is too afraid to step on the toes of tribal government.

It is claimed that the Indian Child Welfare Act was passed in 1978 in effort to help prevent Native-American tribes and families from losing children to non-Native homes through foster care and adoption. We believe that was the story given to sell the bill to the American people, but evidence in the legislative record indicates that the real reason might have always been more about power and money than about helping kids.

The Act is now harming children all across the country as courts and tribes place culture and tribal sovereignty above children’s basic needs for permanency and stability.

1) Some Children have been removed from safe, loving homes and placed into dangerous situations.
2) Some families, Indian and non-Indian, have felt threatened by tribal government. Some have had to mortgage homes and endure lengthy legal processes to protect their children.
3) Equal opportunities for adoption, safety and stability are not always available to children of all heritages.
4) The constitutional right of parents to make life choices for their children including political associations has been interfered with.
5) The constitutional right for children of Indian heritage to enjoy Equal Protection has in some cases been denied.

Letters from tribal and non-tribal birth parents, extended family, foster parents and pre-adoptive families can be read at https://caicw.org/family-advocacy/letters-from-families-2/

The Indian Child Welfare Act of 1978 hurts children, parents, and caregivers. In addition to preventing children from getting the protection they need when they need it:

– Some Tribal governments have claimed jurisdiction over children that have little tribal heritage and are not enrollable according to their constitutions.
– 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.
– Many county courts and social services back away when ICWA is involved because they 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 – no matter clear evidence of child abuse.
– This law requires Federal, State, and Tribal authorities to favor a child’s tribal heritage over their Irish, Afro-American, Scottish, Latino, or Jewish heritage, or any other heritage the child has, no matter the percentages.

We believe the Indian Child Welfare Act is blatantly unconstitutional – a violation of the 10th and 14th amendment. Supreme Court Justice, Clarence Thomas, intimated in a concurrence he wrote in June, 2013, that he believed it is unconstitutional as well. In agreement with the ruling in the case, “Adoptive Couple v. Baby Girl,” he wrote:

‘The ICWA recognizes States’ inherent “jurisdiction over Indian child custody proceedings,” §1901(5), but asserts that federal regulation is necessary because States “have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families,” ibid.

However, Congress may regulate areas of traditional state concern only if the Constitution grants it such power. Admt. 10 (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”).

The threshold question, then, is whether the Constitution grants Congress power to override state custody law whenever an Indian is involved.

(Side note: Justice Clarence Thomas’ concurring opinion cited the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute. Rob Natelson was a friend to my husband, Roland.)

Dr. William B. Allen, Emeritus Professor, Political Science, MSU and former Chairman of the U.S. Commission on Civil Rights (1989) also stated about the Indian Child Welfare Act:

“… 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…”

Thank you so much for writing to us to ask about the Indian Child Welfare Act. I hope what I have shared here is helpful. If you have additional questions, please feel free to ask.

CHILDREN AS CHATTEL:

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Feb 282014
 

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Three little boys from South Dakota had been living Nov18286_001 with a wonderful family. The maternal relatives (tribal members) had a great relationship with the foster parents and ceremonially accepted them as part of the family. But the children were moved from that home a few months ago by tribal government. A paternal family member – who had previously shown no interest in the kids – requested custody of the children when it was announced federal government was paying each individual member – including children – a sum of money in a court settlement. Over the last few months since the transfer, several instances of abuse have been documented. The following are comments recently shared by family:

RS: “I am asking no I am begging for —- to undo the wrong he has created and make it right for these babies. I am begging the courts and tribal council to help get these kids to safety, you have the power you need to use it. You can undo the injustice that has been done. These kids are not only the victims of Cathy’s abuse now they are in the presence of their extremely abusive father, please, please, please help us to get these kids to safety before it is too late.”
February 15 at 10:59pm

RS: “Why is no one for our tribe helping these children…..”

BM: “Because the tribal courts, and counsel employees are heartless and don’t care what happens to these 3 lil’ ones. So much for protecting their people. That is a bunch of crap when they all allow the 3 lil’ angels to be taken away by their abuser.”

DB: “Was just informed that she took these children to …California with their abusive father and are being helped by another daughter … And was informed that individuals were rewarded greatly for doing this….wonder who that was ???? How does spilled children’s blood feel on your hands?”

See More about these three in this video clip: https://caicw.org/2014/05/03/three-south-dakota-children-given-to-abuser/#.U2ePZldRzbw

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Other children in need of prayer:

– – A Spirit Lake grandma sent a picture of her granddaughter and said the girl is living in the home of a sexual offender, but tribal social services won’t do anything about it.
An Oregon Tribe insists on jurisdiction over an unenrollable

– – 7-yr-old boy who was placed with his paternal grandmother by both birth father and mother and had been living with his paternal grandma for 2 years.
This child is NOT eligible for enrollment according to the tribe’s constitution – but tribal government desires to transfer child to maternal grandma, who has a record of abuse.
o The CAICW legal fund paid for a consultation between family members and ICWA attorney Mark Fiddler. The family was able to bring facts to the court room, refuting claims by the tribe.

– – 13-yr-old girl was taken from her non-native birth mother who had custody all her life and given her to enrolled birth father 3 months ago – for no reason other than tribal court decision. The tribe initially made it joint custody and gave him the school year. They’ve now served mom with papers giving the father sole custody.
o The CAICW legal fund paid for a consultation between the mother, her local attorney, and ICWA attorney Mark Fiddler. Unfortunately, she was not able to continue with the local attorney.

– – A 7-yr-old boy taken from his home in Wisconsin just before Christmas and his 7th birthday. His pre-adoptive parents begged he be allowed to attend his scheduled birthday party, but were refused. This was the 3rd time this little boy, who struggles with emotional issues, was removed from this same home due to whimsy of tribal government. The fact this pre-adoptive mom is a tribal member with the very same tribe made no difference. When the boys therapists testified to the emotional damage another move would bring, the tribe’s social services director stated, “Our kids are resilient.”

Many more…

Fact: According to the last two U.S. Census’ – 75% of Native Americans don’t live on the reservations. While some have moved for jobs, schooling, or other reasons and are still supportive of the reservation system, many, like the founder of CAICW, distanced themselves due to the high amount of tribal government corruption, chemical abuse, sexual abuse and other crime.

Fact: Tribal governments benefit financially from increased membership. It is no secret federal dollars for tribes are connected to the U.S. Census and tribal rolls. Abuse happens when you put a price on people’s heads. Abuse happens when humans are put in the position of chattel.

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

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Feb 112014
 
Lauryn Whiteshield, July 19, 2010 - June 13, 2013

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

February 11, 2014

Ms. McMullen:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thomas F. Sullivan

Regional Administrator, ACF, Denver

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Letter to McMullen 021114.docx

Mr. Sullivan Calls Superiors Out for Treating Kids Like Chattel

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Dec 212013
 
Lauryn Whiteshield, July 19, 2010 - June 13, 2013

Mr. Sullivan’s most recent letter to his superiors in Washington DC… please spread far and wide –

———- Forwarded message ———-
From: Sullivan, Thomas (ACF) Date: Thu, Dec 19, 2013 at 2:53 PM
Subject: Spirit Lake
To: “Mcmullen, Marrianne (ACF)” , “Greenberg, Mark (ACF)”
Cc: “Chang, Joo Yeun (ACF)” , “McCauley, Mike (ACF)” , “Murray, James (ACF)”

December 19, 2013

In my First Mandated Report of suspected Child Abuse on the Spirit Lake Reservation in North Dakota, filed more than 18 months ago, I wrote, “The children of the Spirit Lake Reservation are being subjected to actual abuse or the threat of such abuse due to the actions and inactions of adults who have responsibility to protect them from such abuse. These adults include their parents, neighbors, community leaders, Tribal program staff and directors, Tribal Council members, federal and state program leaders who have been notified and allowed the following conditions to persist. Thus, due to their inaction and excuses in some cases they have played an active role in fostering the development of conditions here.”

Testifying about child abuse

Testifying about Child abuse before Senator Dorgan’s committee, December 9, 2013


My fervent hope was that such a Report would lead to the development of a broad-based collaborative effort of tribal, state and federal agencies working with Spirit Lake community members as well as the private sector for the purpose of addressing the specific issues I had identified as well as all others that would emerge as we moved these Spirit Lake children to safety.

A collaborative effort did emerge not for the purpose I had expected but in defense of the status quo. That collaboration has devoted its’ energies against those of us who have spoken up about the problems at Spirit Lake. My sources and I have been subjected to an unremitting campaign of lies and threats. We have been treated as pariahs, outcasts, unfit to be heard or seen in polite society, fair game for whatever outrageous lies our opponents wish to spin. Those responsible for this campaign have tried to remain anonymous, relying on the spoken word in most cases, but some few have had the courage to emerge from the shadows and reveal themselves

All of our allegations have been in writing submitted through formal channels. The lies and threats have been, in most cases, made verbally and have been dropped into conversations so as to poison the minds of those who know little about conditions in Indian Country or Spirit Lake and who are too busy/lazy to dig into the facts of this case. These lies and threats have been calculated in every case to minimize the impact of the detailed factual Reports we have placed on the record. In practically every case when a source of these false statements has been publicly identified, I have written to them requesting a copy of their documentation of my “errors” so that I might correct the public record. None have been provided even though up to 16 months have elapsed since those requests were first made. This is quite surprising since I have made these written requests to the former TSS Director, BIA spokeswoman Darling, former Tribal Chair Yankton, US Attorney Purdon, former ACF Acting Assistant Secretary Sheldon and ACF Deputy Assistant Secretary for External Affairs Mcmullen.

Why should I risk my well-known reputation for integrity and accomplishment built over more than 45 years of service in the public and private sectors by lying about conditions at Spirit Lake?

I am deeply committed to seeing the unspeakable child abuse at Spirit Lake stopped. That is my only motivation.

As a result of these efforts to minimize the impact of our reports more than 100 American Indian children at Spirit Lake remain in the full time care and custody of sexual predators, available to be raped daily.

Who, among you, wants that crime to continue?

If you want it to stop, why are you establishing committees and study groups, delaying the movement of these children to safety for years?

If you want to stop it, just stop it!

There are an extraordinary number of contradictory statements made by those who oppose our efforts to assist the children of Spirit Lake to get into safe homes. There are essentially two types of contradiction in the following 9 examples. First, where two senior leaders of an agency or of different agencies take positions that are diametrically opposed to one another (Items # 1 and 4 fall into this category). Second, when agency leadership claims in broad general terms that everything has been solved and, by the way, many of those allegations were just exaggerations and an enrolled member or other informed citizen objects and factually challenges these claims (Items #2, 3 and 5-9 fall into this second category). The following brief examples outline these nine contradictions:

    1. On October 11, 2012 Acting Assistant Secretary Sheldon was in Denver for a brief visit to the Region. He spent a great deal of time telling me that I was being too hard on all those involved with the Spirit Lake Tribal Social Services program and that he had been assured by the Washington, DC leaders of the BIA and the Children’s Bureau that great progress had been made since I filed my first report, four months earlier. During that conversation, I responded to Mr. Sheldon’s claims with half a dozen examples of egregious systemic failures at Spirit Lake in the two weeks prior to his visit where children were being endangered by placing them in the care and custody of abusive parents or foster parents. He was unmoved by my examples that came directly from my sources living and working on Spirit Lake.

    On November 5, 2012, less than 4 weeks after that discussion with Mr. Sheldon, then Spirit Lake Tribal Chair Roger Yankton was asked, during a General Assembly, by an enrolled member of the Spirit Lake Nation, “Are there any lies in Mr. Sullivan’s Reports?” Mr. Yankton’s response was, “No, there are none.” He was then asked, “Do you have any proof that the conditions those children are living in and which are cited by Mr. Sullivan have improved?” Mr. Yankton’s response to this question was, “No, there has been no change.” Chairman Yankton’s statements were made almost five full months after I started filing my Mandated Reports, after seven of my Reports had been submitted. These seven Reports contained 90 – 95% of an unduplicated count of the factual allegations I have made.

    I reported this exchange at the General Assembly to Mr. Sheldon but never received any word from him indicating he had changed his mind from what he had expressed on October 11, 2012. To most readers, however, the contradiction should be obvious.

    2. In the November 4, 2012 issue, the Fargo Forum quoted BIA spokeswoman, Nedra Darling as saying, “The BIA is working hard to ….protect the youngest and most vulnerable members of Indian Country.”

    How does that statement square with Spirit Lake Tribal Chairman Yankton’s statement one day later that he knew of no change in the conditions about which I had been complaining in my Reports during the prior five months?

    A recent article from the October 28, 2013 issue of the Grand Forks Herald is even more damning of the BIA’s failures at Spirit Lake, “Lolly Diaz, a former member of the Spirit Lake social services board said there is little evidence of improvement since the BIA took the lead on child protection and foster placement. ‘Nothing has changed from putting it over to the BIA’, Diaz said. ‘There really isn’t any difference in my opinion. They’re on a revolving door basis’, she added, referring to BIA staff brought in to help. ‘We don’t have anybody permanent here.’

    In the last few days the following situation has been brought to my attention by a former TSS staff member who lives in close proximity to the Spirit Lake Reservation: a 13 year old little girl is staying with her grandmother approximately 80% of the time. Another relative an adult male also lives with the grandmother. This male is a registered, violent sex offender. The conduct of the 13 year old has been regressing and she has apparently told her non-custodial father that she is being sexually abused by this registered sex offender. The father has gone to BIA, TSS, Tribal Court and the Tribal Chair to complain about his daughter’s placement. He has been told by the BIA that it will be at least 30 days before they can even initiate an investigation.

    How many of us would be satisfied with Ms. Darling’s “working hard” when we understood it really meant at least a 30 day delay before any action would be taken to protect our 13 year old little girl from a vicious sexual predator?

    3. Ms. Darling in her November 4, 2012 comments to the press is quoted as saying, “The BIA maintains standards of professionalism and public safety…..” and “the highest levels of integrity and accountability of its employees.”

    Despite these claims the BIA ignored the domestic violence of their senior criminal investigator at Spirit Lake for more than a year even though during this time he mercilessly beat his wife on several occasions. Each of these occasions was public, known all across the Reservation and known to the former BIA Superintendent as well as to his Deputy (the current BIA superintendent). None of these people did anything to protect this defenseless woman from these beatings. When a friend of mine placed the victim’s affidavit into the hands of the number 2 person in BIA Law Enforcement in Washington, DC, BIA still did nothing.

    How do these actions up and down the chain of command in BIA contribute to the “highest levels of integrity and accountability of its employees”?

    4. Acting Assistant Secretary Sheldon in his April 15, 2013 letters praised both the BIA and DOJ for their efforts to address the situation at Spirit Lake and essentially condemned me for incorporating my “… own personal views” and that “those views might be misinterpreted or misreported as those of the Administration for Children and Families (ACF) or the Department of Health and Human Services.” Mr. Sheldon went on, “after evaluating your reports, the Department does not share your view that the Bureau of Indian Affairs or the United States Attorney’s Office have (sic) been derelict in their duties….. We know that improvements have been made.”

    In mid-August, 2013, you, Ms. Mcmullen, in a telephone conversation with one of my sources, Ms. Betty Jo Krenz, who was complaining about ACF’s refusal to allow me to attend a meeting in Bismarck, ND later that week said, “I don’t understand what could be gained by another meeting. We’ve been in meetings at Spirit Lake for two years and have seen little or no progress.” When I asked for a clarification four months ago, in late August, 2013, of the contradiction between these two positions, I was greeted with total silence.

    When I asked both the Acting Assistant Secretary and you, Ms. McMullen for the factual basis for those April 15 letters, I have been stonewalled. Nothing has been provided. Perhaps that is because there is no factual basis for those conclusions. Given the facts on the record, however, most readers will agree there is a basic contradiction between what you said in August to Ms. Krenz and the letters, Acting Assistant Secretary Sheldon sent to me, Ms. Settles and Mr. Purdon on April 15, 2013, a contradiction that ACF leadership seems unwilling or unable to explain, despite my continuing requests for an explanation.

    5. On June 19, 2012 in response to my First Mandated Report, Mr. Purdon, the US Attorney for North Dakota wrote, “the United States Attorney’s Office in North Dakota shares your concern for the safety of Native children as can be seen in our strong track record of prosecuting and convicting the hands-on perpetrators of abuse and neglect on the reservations in North Dakota.” When I read those words I was impressed and hopeful

    Hopeful, that is, until I reviewed the record of charges filed, indictments sought, plea deals made, trials and convictions for child sexual abuse originating from the Spirit Lake Reservation and could find only 2 cases in the last 25 months. I have been told that in most recent years there have been on average 50 cases of child sexual abuse per year reported, investigated and confirmed by child protection workers on Spirit Lake and referred to the FBI or US Attorney’s office for criminal investigation and prosecution.

    That dismal record of only two cases of child sexual abuse from Spirit Lake in a 25 month period can be explained best, I believe, by the alleged rape of a 12 year old little girl who had just turned 13 on September 29, 2012, who was home alone when a 38 year old male friend of her mother’s stopped by and raped her. (This account of what happened to this little girl was provided by an enrolled member of the Spirit Lake Nation.) She called the police who, when they responded were given the alleged rapist’s name, address and physical description. BIA police did not take a rape kit. BIA police did not question the suspect for three weeks at which time he told them that, “She wanted to have sex with me. What was I supposed to do?” It was bad enough that the BIA police swallowed this line but so did the FBI and US Attorney Purdon. When statutory rape occurs in this manner with such an age discrepancy and these are the standards applied to determine whether to prosecute or not, it is remarkable that any child sexual abuse cases made it into Court during the last 25 months.

    On February 27, 2013 US Attorney Purdon made the following statement, as told to me by an enrolled member of the Spirit Lake Nation who attended that Hearing, in a public meeting on the Spirit Lake Reservation, “Many of Sullivan’s allegations are just false.” Since he had never communicated such a view to me or to my sources, I immediately, that day, requested by email that he give me the courtesy of identifying which of my allegations were, in his words, “just false”. Now almost ten months later I await the documentation of his otherwise slanderous, self-serving characterization of my Reports.

    6. Both the BIA and US Attorney claim in many public statements that every allegation I have surfaced has been investigated. When I use the term “investigated” here, I assume this means that interviews with complainants and witnesses have been conducted, evidence has been gathered, reports filed with an appropriate supervisor and a determination made, based on that record, whether to recommend further legal action. I also assume that records of each investigation would be available for review by an appropriate independent, properly qualified reviewer.

    I have listed below ten possible crimes reported to the BIA and US Attorney which, if they have been investigated, that has been done privately without the benefit of interviewing those who were responsible for filing those complaints.

    Why has there been no investigation of my 14 month old complaint filed against FBI Special Agent Cima?

    Why has there been no investigation of the 15 month old charges of Domestic Violence against BIA’s Senior Criminal Investigator at Spirit Lake by his wife?

    Why has there been no investigation into the destruction of the Incident Report completed by the CI’s wife in the Devils Lake Mercy Hospital Emergency Room after a particularly vicious beating at the CI’s hands in mid-August, 2012 by the former Director of the Spirit Lake Victim Assistance Program?

    Why has there been no investigation of the complete and total failure of the state, FBI and BIA to investigate charges that were credibly brought several years ago against each of these entities?

    Why has there been no investigation into the withholding of critically needed intensive rehabilitative services from several Spirit Lake children who have been sexually abused and severely beaten? If the purpose of preventing these children from gaining access to this therapy is to prevent the names of their predators who damaged these children from being revealed to professionals who have a legal obligation to make this information known to law enforcement, is this obstruction of justice? If it is, the entire leadership of the BIA Strike team should be indicted.

    Why has there been no investigation into the Spirit Lake school system’s retaliatory actions against two mandated reporters – firing one and giving the other a letter of reprimand, simply because they were attempting to help a young child having difficulties in his foster home placement?

    The Tribal Elder who observed two little boys engaging in anal sex in her yard called police immediately when she observed this behavior. No one in law enforcement took her statement. She tried to tell her story at the February 27, 2013 Hearing but she was shushed by US Attorney Purdon, the BIA leadership and all those on the platform. The US Attorney did say publicly he would speak to her privately after the Hearing concluded. He did not. Nor did anyone from his office take her statement. Why has there been no investigation into this complete failure of law enforcement in this particular case at Spirit Lake?

    One day later, on February 28, 2013, these same two boys were observed by two little girls engaging in oral sex on a Spirit Lake School Bus. The little girls reported this to the bus driver, their teachers and the school principal. All of these supposedly responsible people said and did nothing about this incident. None of them filed a Form 960 as required. Why has there been no investigation into the failures of these adults to fulfill their responsibilities? What else are they failing to do?

    Why has there been no investigation of the decision to place a four month old, previously meth-addicted infant in the unsupervised full time care and custody of her meth-addicted mother. The mother had been required to complete a lengthy drug treatment program with periodic, unannounced testing to make sure she was still not using. She never completed that treatment program and refused to take any tests during it. Despite these facts this infant was returned to her full time care and custody by the Tribal Court.

    Why has there been no investigation of the unexplained removal of a child from her mother’s home without cause in December, 2012, the perjured, sworn testimony of the BIA Social Worker self-identified as Gabrielle who swore that she had sought kinship care but could not find any kin willing to take this child. This child’s aunt is Ms. Molly McDonald, former Tribal Judge and one of my sources, and her grandfather is Leander McDonald, current Tribal Chair. Neither was contacted by this or any other BIA social worker. When this child was finally returned in April, 2013 her mother was told that she was prohibited from speaking to her aunt, my source, Ms. Molly McDonald. Why is the BIA resorting to such tactics? Is there some fear that the truth might emerge?

    All of the information in these accounts of possible criminal activity which has not been investigated at Spirit Lake have been provided by sources who are enrolled members or former employees with close ties to a large number of enrolled residents of Spirit Lake.

    The bias reflected in all of these non-investigations at Spirit Lake may well rise to the standard set by the Ninth Circuit Court of Appeals in their decision in the Oravec case.

    7. On June 27, 2013, a meeting was convened in Bismarck, ND in the offices of Scott Davis, Indian Affairs Commissioner for the state of North Dakota. The meeting was attended by Mr. Davis, congressional staff from the offices of the two senators and one representative and a delegation of enrolled members from the Spirit Lake Nation, including several Elders, former Tribal Judges, a former Tribal Chair and several former Council members.During the meeting Mr. Davis made several derogatory remarks about me and the Reports I had been filing. Mr. Davis has never made any attempt to me to speak with me or to discuss my Reports with me.

    Ms. Molly McDonald, a former Spirit Lake Tribal Judge challenged Mr. Davis on his derogatory remarks about me. She said, “I have never met Tom Sullivan but he is the only fed we trust. After more than five years of complaining about conditions at Spirit Lake to tribal, state and federal government officials who did nothing in response to our complaints, he is the only one who returned our calls. What is in his reports are our stories told to him by us, faithfully recorded and reported by him. Tom Sullivan is the only one we trust in government at any level.” I am not aware of any response from Mr. Davis to Ms. McDonald.

    Mr. Davis is a good example of those who have libeled and slandered me. They have never met me and apparently have not read my on-line bio available at the ACF Region 8 web site. Clearly most have done little more than skim thru my 13 Reports about Spirit Lake, if they have done even that. None have sought me out to discuss the basis for my strongly held opinions about the unacceptable treatment of so many Native American children at Spirit Lake. For many, like Mr. Davis, those children seem to be an after-thought.

    8. I believe the highest obligation for every adult, whether working for government or not, who is aware of this situation is to insure the safety of those children who were abruptly removed from safe, off-reservation placements and returned to on-reservation placements in many cases to the full-time care and custody of known sex offenders where they were available to be raped daily as well as those children placed in unsafe homes in the care of addicts and abusers as a result of decisions made by BIA, TSS and Tribal Court.

    The leadership of my agency has instructed me that my belief that the safety of those children is paramount in this matter does not reflect the policy position of either my agency or my department. Despite my request for the Agency’s and Department’s policy in these circumstances, no one in that leadership has provided any information on what that is.

    From what my sources and I have experienced during the last 18 months the highest priority of the state, the FBI, BIA as well as other federal agencies has been to silence us, to label us as liars, as incompetents not qualified to identify the abuse of a child, to minimize the seriousness of this situation with their fabricated, self-serving claims. Among those claims are, “It’s a new problem.”; “This problem arose because the Tribe lost the person responsible for filing their forms.”; “If those whistleblowers would shut up everything would be fine.”; “Everything is fine.”; “They are making great progress.”; “You are expecting too much progress too quickly.”; “They are working hard.”; “it’s all fixed.”; “We’re doing a great job for kids.”; “You are not a subject matter expert.”

    None of these claims were true when spoken. None are true now.

    If that self-serving approach were held by those who served on the Grand Jury that indicted Jerry Sandusky on 45 counts of child sexual abuse, there would have been no indictments. It would have been decided that none of the witnesses against Sandusky were credible because Jerry would have told the Grand Jury all of those witnesses were lying and they would have believed him.

    Are the children of State College, PA more deserving of protection from child rape than the American Indian children of Spirit Lake, ND? If not, why the lengthy delay in rescuing the children of Spirit Lake from their rapists?

    It appears that every agency involved with Spirit Lake has elected to follow a path that leaves young, defenseless children in the full-time care and custody of addicts and sexual predators rather than getting these children into safe homes as quickly as possible. In doing this, these agencies and their actions track the same path followed by the leadership of both Penn State and the Catholic Church when these organizations sought to protect their institution’s reputation by covering up the rape of children. I believe such an approach is wrong, disastrous for those children and with the capacity to do significant long term damage to the reputation of the agencies involved.

    If your son or daughter were in the full time care and custody of known addicts and rapists and had been for more than a year, would you agree with those public agencies which wished to study the issue to determine what course of action to follow, knowing the study would take another year? Or would you demand that your children be removed immediately from the care and custody of addicts and rapists and that those same addicts and rapists be indicted for their crimes?

    9. Almost a month ago a good friend and supporter of mine sent me an email recounting a conversation she had just had with a congressional staff member by the name of Kenneth Martin who works for the Senate Indian Affairs Committee. Apparently, Mr. Martin had a quite strong reaction when my name came up during their meeting. I understand Mr. Martin to have said, “He no longer has that job.” “It would be illegal to prohibit him from filing Mandated Reports.” “Mr. Sullivan is a liar and that would be proven in a hearing.”

    Mr. Martin has never attempted to speak with me. He has never sent me any written inquiries about my Reports. If he has copies of them, I doubt that he has spent much time in reviewing them. I can only assume his comments were driven by prior conversations with Washington, DC staff from BIA, DOJ or my own agency. Wherever they come from, he has made slanderous statements about me.

    I still work for ACF as Regional Administrator in Denver.

    I also believe prohibiting me from filing Mandated Reports is an illegal act. I trust he has initiated a congressional oversight investigation into this matter to determine whether there is a factual basis to proceed to indictments.

I would be pleased to appear before the US Senate Indian Affairs Committee if I were subpoenaed, placed under oath and asked to answer any questions about conditions at Spirit Lake. Then we would know who the real liars are.

Thomas F. Sullivan
Regional Administrator, ACF, Denver

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