Mr. Thomas Sowell – Christian Alliance for Indian Child Welfare

Is the BIA Another Corrupt Bureaucracy?

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Jun 082013

On June 9, 2013, as our family honors the June 9, 2004 anniversary of Roland J. Morris, Sr.’s passing, I feel called to bring his memory and his brave actions to the attention of our newest members and supporters, many who may be unfamiliar with Roland’s legacy.

Roland and I founded CAICW in February 2004 to fill a critical need for all families affected by the ICWA and the destructive forces of reservation life. In my book, ‘Dying in Indian Country,’ I chronicle our family’s own struggles and losses as a result of Indian policy, our decision to leave and our ultimate redemption through Jesus Christ. Roland and I both believed then, as I still do now, that the solutions to the problems we seek to expose and resolve rest in the hands of God. Even on the hardest days, we must trust Him to provide the direction and the answers to our prayers. In the meantime, CAICW remains committed to our original Christian ministry to share His Word while advocating for families at risk of harm due to the Indian Child Welfare Act (ICWA). Our efforts are judicial and educational, as well as a prayer resource for families and a shoulder to cry on.

Roland, of 100% heritage, spoke Ojibwe as his first language. He was born and raised on the Leech Lake Reservation in Minnesota and spent his entire life watching friends and family die—physically, spiritually and emotionally—from the effects of alcoholism, drugs, violence and suicide. He himself was a survivor of these destructive behaviors and the more he came to know God, the more convinced he became that monumental change was needed to help his people.

He was especially concerned for the children and distressed by the lack of concern he witnessed by many adults within Indian country. He longed for the self-destruction to stop. God led Roland to step out and speak up for change in Indian country. It took great courage to do so then and it still does. Today, nine years after Roland’s passing, instead of hearing about positive change in Indian country, we continue to witness more of the same abuse and neglect, but on a much larger, more evil scale. And yet, tribal and federal government officials continue to turn a blind eye to the situation.

Roland was particularly concerned about the Indian Child Welfare Act (ICWA), whose dictates perpetuate the abuse of children with Indian heritage by entrapping them in corrupt tribal systems. Instead of providing for the best concerns and welfare of children, this law has served to financially prop up corrupt tribal governments, more often serving the best interest of the tribe, social workers and federal officials than the children it is suppose to serve. The most high profile example of the complications and abuse of this law today are exemplified by the “Baby Veronica” case heard in April 2013, by the United States Supreme Court. In Adoptive Couple v. Baby Girl, two-year-old Veronica had been given for adoption as a newborn by her non-Indian mother, only to be later removed from the only home she ever knew on the basis of 1.12% Cherokee heritage.

The U.S. Supreme Court is expected to hand down their ruling this month.

Not long before Roland’s passing, in April 2004, the Minneapolis Star Tribune published a series by Larry Oakes entitled, ‘The Lost Youth of Leech Lake,’ which chronicled many horrific accounts of destruction and despair happening to the children of Leech Lake. While the series initially caused a great stir, in the end it was not enough to bring about any significant change.

One of the victims highlighted in the series became an integral part of CAICW’s continued mission to expose the abuses in Indian country and urge action to bring positive change. Sierra Goodman, who was first given to a man to be used for sex at the age of ten, attempted to run away more than a dozen times to return to the only family she felt loved and safe with—a non-Indian foster family she had initially been placed with then taken away from because of the ICWA. After attempting to hang herself at the age of 16, Sarah was finally allowed to return to the family who loved her. This past February, Sierra joined CAICW in Washington, D.C. to personally tell her story to lawmakers and urge them to make changes to the ICWA by sighting the physical and emotional damage she has suffered as a result of the law.

As Roland spoke out against Indian policy, he appeared in numerous newspaper articles across the country. On May 14, 2004, Washington Times reporter Jennifer Lehner wrote:

“Mr. Morris said that once children are relocated to the reservations, they are subject to the corrupt law of the tribal government. Instead of preserving culture…the tribal leadership uses the ICWA to acquire funds provided through the legislation…ICWA is supposed to help children, but instead it helps tribal governments.”

Nine years later, tribal governments are no less corrupt, and the ICWA has become an integral funding source for all tribal issues. Lawyers, social service programs, social service workers, care providers, grant writers, foundations and tribal leadership are all getting rich as a result of this law. In the meantime, the children continue to suffer. In the past year, people we have seen new voices speaking to these concerns. The New York Times and Frontline’s Kind Hearted Woman documentary revealed these same issues and the abuses taking place on the Spirit Lake Reservation of North Dakota. Thomas Sowell penned the article, “Whose Welfare? The Injustice of the Indian Child Welfare Act,” in a January 2013 National Review Online article, while former Oglala Sioux Tribal Judge Patrick Lee recently wrote about the problems in his article “Why I filed a complaint against the Oglala Sioux Tribal Council.”

After attending a South Dakota conference in May that was aimed at hearing the grievances of reservation tribal members affected by the ICWA, native author David Rooks penned an article in the Rapid City Journal titled, “Rooks: Questions unasked, unanswered.” Rook is brave enough to write,

“Have there been problems with the implementation of ICWA? You bet. But while we’re gathered, let’s ask some additional questions. Questions, perhaps, no one wants to ask, like: Why are so many Native children winding up in foster care?”

He goes on to state,

“If we’re to be honest, we’ll look at each other and ask: What is going on with our families? What really is the problem? How do we restore our own cultural imperatives? How do we—not someone else—mend our own Sacred Hoop? Yes, children are sacred. Why is it so many of ours need to flee our people to be safe?”

Yes, like Roland did, people are finding their voices to bravely speak out and expose the truth, but after 13 Mandated Reports about the abuse of children on the Spirit Lake, ND reservation and NOT ONE SINGLE action being taken is it possible that change will never come to Indian country? Are the problems in Indian country just another long-running scandal the federal government is working 24-7 to keep in the dark? In honor of Roland, and most importantly for the sake of the children, I urge you to continue to vigilantly monitor and speak up about these atrocities. The U.S. Constitution defends the rights of all U.S. citizens and CAICW is calling on our government to equally protect children of all heritages.

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In memory of Minnesota Chippewa tribal member Roland J. Morris, Sr., the Christian Alliance for Indian Child Welfare is sponsoring an essay contest on June 9-15, 2013, to draw attention to the widespread and ongoing physical and sexual abuse of children living within Indian Country. The topic of the contest is ‘Why Children Are More Important Than Politics’ with a subtopic of ‘Why Is Our Federal Government Ignoring Ongoing Child Abuse?’

The 800-1500 word submissions can be sent to WriteUs@caicw.org.

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13th Mandated Report re: Spirit Lake Child Abuse

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Apr 052013

Senator Hoeven,

Spirit Lake Town Meeting, Feb 27 2013

Thank you again for your concern for the vulnerable in our state. I have received a copy of the 13th mandated report from Mr. Thomas Sullivan of the Denver office of Administration for Children and Families. I have attached a copy.

According to Mr. Sullivan, the situation remains the same on the Spirit Lake Reservation and children continue to be abused while perpetrators go free. Further, he reports that we were lied to by the U.S. attorney on February 27 when those gathered at the Spirit Lake town hall meeting were assured that he was going to speak to the elderly woman who stood up last to tell her story. Mr. Larson will remember her, I am sure. She tried very hard to speak at that meeting but wasn’t allowed to. Tragically, because of the neglect of her story, the two children she tried to talk about – who obviously, desperately, need to be taken from that home immediately and given intense counseling, have been observed continuing the same behavior and another child was hurt. May God be with us – how is it that we as a state and nation allow this to continue?

It has also been inferred that Mr. Sullivan could lose his job if he continues to stand up for the families and children.

Lastly, this report supports and affirms Representative Cramer’s assertion that justice in the Spirit Lake tribal court is far from assured. I applaud Rep. Cramer for his courage.

Please insist on hearings as to how Spirit Lake is being handled. Please also protect Mr. Sullivan to the extent that you can, and continue to stand up for all of us.

If our opponents believe we will sooner or later get tired and go away, they are wrong. We will not. I have been trying to bring attention to these types of things since 1996 and it has only gotten worse. I am not going away.

Thank you.

Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
https://caicw.org

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March 29, 2013

This is my Thirteenth Mandated Report concerning Suspected Child Abuse on the Spirit Lake Reservation. It is being filed consistent with the Attorney General’s Revised Guidelines.

The two weeks following the submission of my Twelfth Mandated Report on February 22, 2013 were marked by a remarkably intense Public Relations campaign by both the Department of Justice and the Bureau of Indian Affairs. They sought to convince all that the children of Spirit Lake were safe, that all of the problems at Spirit Lake were well on the way to being fixed, that all allegations had been or were being investigated, witnesses had been interviewed and statements taken. The facts, however, do not support their misleading PR puffery.

Their puffery campaign took several different approaches, all calculated to raise questions about the credibility of my Reports:

1. Public statements were made that many of the allegations contained in my Reports were false. There are two problems with those self-serving statements. Even though innocent citizens of Spirit Lake have been beaten, raped and required hospitalization to recover from their wounds you folks claim there has been no crime because the investigation was done so unprofessionally, there was no investigation or the paperwork has been “lost”. When this occurs once or twice, it is an unfortunate error. When it occurs routinely as it does at Spirit Lake, it is nothing short of a corrupt abuse of power which DOJ and BIA apparently endorse since there appear to be no limits to their praise for Spirit Lake law enforcement..

Second, all of you ignored the statement of Tribal Chair Roger Yankton made on November 5, 2012 in a Tribal General Assembly, “I know of no lies in Sullivan’s Reports.” When Mr. Yankton made that statement I had filed Seven Mandated Reports containing 90 – 95% of the specific, unduplicated allegations I have made. The Tribal Chair was honest. The best that can be said of the DOJ and BIA leadership is that they were self-serving.

2. Another attempt to diminish the credibility of the allegations contained in my Reports was to refer to them as “second or third hand”. While I have not personally witnessed any of the incidents I have been reporting, they ———————– Page 2———————–

have been witnessed by Tribal Elders, a Nun, a former Tribal Judge, foster parents, parents, all enrolled members of the Spirit Lake Nation. None of these people have any reason to lie about what they were reporting on their Reservation. Some allegations come from individuals who are not enrolled members but who are former long term employees of the Tribe who have been reporting Tribal wrongdoing for years to the state, DOJ and BIA .

All of these sources, both enrolled Tribal members and non-enrolled, are furious their allegations have been ignored for years exposing the children of Spirit Lake to continued abuse and neglect. They believe even now they are still being ignored for the benefit of the addict, the predator and the corrupt.

All of my sources have been threatened by the supporters of the Tribal Council with loss of employment, jail, as well as physical harm to themselves or their families. While I have not been directly threatened, I have been told my persistence in this matter places me at the same risk as my sources. I am deeply offended that all of you refuse to defend the innocent of Spirit Lake when my sources and I are placing our physical safety on the line. Your cavalier dismissal of my reports which accurately reflect the stories of my sources is especially troubling.

3. Within this context it is hypocritical for the leaders of DOJ and BIA to now tell tribal members that “the most important thing they can do to protect children is to immediately report any criminal activity to law enforcement.”

The twelve year old who had just turned thirteen and was raped on September 29, 2012 by a 37 year old man reported the rape to police immediately. The name address and a description of the rapist were provided to the responding officers. No rape kit was collected. No charges were filed because the BIA/FBI decided the sex was consensual, in the 37 year old rapist’s words, “She wanted to have sex with me. What was I supposed to do?” How naïve do you think we are that you believe we will swallow such patent nonsense? How does this decision protect children?

The Tribal Elder who observed two little boys engaging in anal sex in her yard did call police immediately. 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 the US Attorney, the BIA leadership and all of those

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on the platform. The US Attorney did say publicly that he would speak to her privately after the Hearing concluded. He did not. Nor did anyone from his office take her statement. How did these actions protect children?

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 responsible people kept quiet about this incident. None filed a Form 960 as required. How do these actions protect children?

On March 14, 2013 law enforcement went to the home of these two boys because one of them tried to sexually assault a three year old female neighbor who is developmentally delayed.

Police were called last summer when adults and very young children observed a 15 year old boy having intercourse with a 10 year old girl on the steps of the church in St. Michaels at mid-day. No one responded to the call. How did this non-response protect children?

How long must this horror continue? How many more children will be raped before one of you decides to do your job and protect these children? To carry out your sworn responsibility to enforce the law and to get these children the intensive therapeutic services they so desperately need?

4. The US Attorney spoke in glowing terms about the high quality of law enforcement working on the Spirit Lake Reservation even though they routinely fail to conduct investigations, do lousy investigations and “lose” reports of investigations. Is there anyone working for BIA on that Reservation who does not have a record of Domestic Violence?

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

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

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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 current Director of Spirit Lake Victim Assistance?

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 those 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 BIA’s 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 some difficulties in his foster home placement?

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

5. The US Attorney in a televised interview on Grand Forks television station, WDAZ, spoke about the fine job he and his office were doing protecting all North Dakota children especially those at Spirit Lake and said that the press releases on his website contained all of the information on every case he had brought to trial or conclusion during his tenure in office.

I could only access the last 15 months of these releases. They were quite informative. There were only two cases in which sexual assault was charged. Both of the victims were adult women. None were children.

On the Spirit Lake Reservation it has been credibly claimed there have been, on average 50 reported, investigated and confirmed cases of child

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sexual abuse or statutory rape annually in each of the last several years. These confirmed cases are routinely referred to the US Attorney for investigation and prosecution. Within this context it is troubling that the US Attorney has apparently not brought a single case of child sexual abuse/statutory rape in the last 15 months.

If the residents of Spirit Lake report criminal activity when they see it, what good does it do if the US Attorney will not bring a case to court for prosecution?

6. Most Registered Sex Offenders when they are released from prison are required by law to keep a specified distance from children. The Tribal Chair said on November 5, 2012 there were no lies in my reports and the placement of children in the full time care and custody of known sex offenders was a major point in my First Report, filed more than nine months ago, well before that November 5, 2012 statement.

Why has the US Attorney failed to direct his crack FBI and BIA agents to investigate and charge those sex offenders and have them returned to prison for violating this provision of their release and have the children placed in safe foster homes?

7. There are credible allegations that the Tribal Court decisions favor the addict and the sexual predator in practically every case brought before it. I have multiple examples of the Tribal Court’s bias in favor of the addict and predator. I will use only two here.

The placement of a four month old infant who was born addicted to meth and who had to remain in the hospital for one month after birth in order to shed all traces of that drug is a good example of this Tribal Court’s bias in favor of the addict and the predator. This infant was returned to the full time care and custody of his mother even though she had not completed the required, Tribal Court ordered drug treatment program.

The decision of the Court to return three children to the full time care and custody of their biological father who just a few months previously had beaten them with electric cords, choked them, raped them and made his children available to his friends for their sexual pleasure even though there was an outstanding criminal charge against him is another example of the Tribal Court’s bias in favor of predators. Their father is a close relation of the Tribal Chair.

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Why has none of this been investigated by either the BIA or FBI?

Why have no federal charges been filed against the father for his extraordinary abuse of his children? They have spoken about their abuse to therapists. Have these therapists failed to notify law enforcement about what they have learned? Or is law enforcement ignoring these reports again?

Why is that infant still in the unsupervised care of his meth addict mother? How much damage has her neglect done to this child in the few months she has had full time care and custody of him?

Why has Tribal Court been allowed to endanger the children of Spirit Lake with impunity? What has law enforcement done to protect these children from the Tribal Court’s malfeasance?

The good people of Spirit Lake have every reason to believe that society has abandoned them when government leaders spend their time attempting to shore up their own reputations while refusing to protect those who are being raped and abused. Your persistent efforts at PR puffery, essentially denying the plain facts at Spirit Lake, betray your unwillingness to fulfill your sworn obligation to protect and defend. Your record of non-investigation and non-prosecution is now in the spotlight. What will you do?

Thomas F. Sullivan
Regional Administrator, ACF, Denver

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

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Dec 122008

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

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

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

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

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

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

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

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