BRIEF OF CHRISTIAN ALLIANCE FOR INDIAN
CHILD WELFARE AND ICWA CHILDREN AND
FAMILIES AS AMICI CURIAE SUPPORTING
PETITIONERS
Read the entire brief here:
SCOTUS 21-378 21-380 Amici Curie Brief
BRIEF OF CHRISTIAN ALLIANCE FOR INDIAN
CHILD WELFARE AND ICWA CHILDREN AND
FAMILIES AS AMICI CURIAE SUPPORTING
PETITIONERS
Read the entire brief here:
SCOTUS 21-378 21-380 Amici Curie Brief
October 11, 2021
Washington, DC – Wiley, a preeminent DC law firm, submitted an amicus brief to the U.S. Supreme Court on behalf of the Christian Alliance for Indian Child Welfare in Brackeen v. Haaland. The brief was filed in support of adoptive families and states in this high-profile case, which urges the Court to review a Fifth Circuit decision involving the rights of Native American children and their families under the Indian Child Welfare Act of 1978 (ICWA). The brief was joined by seven individual signatories who are former ICWA children or are parents to ICWA children, all of whom have been harmed by ICWA.
Wiley partner Stephen J. Obermeier and associate Krystal B. Swendsboe, who authored the amicus brief, are members of the firm’s Issues and Appeals Practice and are representing the nonprofit Alliance on a pro bono basis.
The case, which stems from a child-custody dispute, addresses the harm suffered by Indian children and their families as a result of ICWA – such as the denial of the full range of rights and protections of the federal and state constitutions to the petitioners when subjected to tribal jurisdiction under the ICWA.
“For nearly fifty years, ICWA has imposed race-based classifications on Indian children and their families – a clear violation of Equal Protection – and has caused horrendous individual suffering as a result,” Obermeier and Swendsboe explained in the Alliance’s brief.
As noted in the brief, this case raises particularly significant issues for Alliance because its members are birth parents, birth relatives, foster parents, and adoptive parents of children with varying amounts of Indian ancestry, as well as tribal members, individuals with tribal heritage, or former ICWA children – all of whom have seen or experienced the tragic consequences of applying ICWA’s race-based distinctions. The brief includes, as examples, stories from the individual amicus signatories who have been harmed by ICWA’s race-based distinctions and discriminatory placement preferences.
In addition to violating the U.S. Constitution’s Equal Protection Clause, the ICWA exceeds the authority granted to Congress under the Indian Commerce Clause, according to the amicus brief.
Congress “may not exercise power over family and custody matters under the guise of regulating commerce with Indian Tribes,” the brief argued. “ICWA, therefore, exceeds Congress’s power to regulate commerce, as it is entirely unrelated to commerce and intrudes on noncommercial subjects belonging entirely to the states.”
The BIA and ACF in Washington DC have finally accomplished their goal of firing Tom Sullivan for his persistent reporting of physical and sexual abuse of children on many reservations – most specifically Spirit Lake.
Our DC Bureaucrats are entirely unaccountable. When people get fired for actually doing their jobs, is it any wonder that so many federal employees are reluctant to stick their necks out against the status quo?
(Read some of the past documentation:)
[gview file=”https://caicw.org/wp-content/uploads/2016/05/MU-Tom-Sullivan-Termination-Decision-5-6-16.pdf”]
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.
Ms. Rodina Cave and Ms. Elizabeth Appel
Office of Regulatory Affairs & Collaborative Action
Indian Affairs, U.S. Department of the Interior
1849 C Street NW, MS 3642
Washington, DC 20240
Re: Notice of Proposed Rulemaking—Regulations for State Courts and Agencies in Indian Child Custody Proceedings—RIN 1076-AF25—Federal Register (March 20, 2015)
Dear Ms. Cave and Ms. Appel,
Thank you for allowing our organization, the Christian Alliance for Indian Child Welfare, to meet with you on Monday, May 4, 2015, concerning the Notice of Public Rulemaking (NPRM) regarding Regulations for State Courts and Agencies in Indian Child Custody Proceedings.
Please accept this letter as our official comments in the matter regarding said rulemaking for State Courts and Agencies in Indian Child Custody Proceedings.
As I explained in our meeting, my husband, a member of the Minnesota Chippewa Tribe, began speaking against the Indian Child Welfare Act and its usurpation of his rights almost twenty years ago. After dozens of families found our website and started writing to us from across the country, telling us of how their children were being hurt by the ICWA, our organization arose.
In April of 2014, our organization commented during the initial discussions concerning ICWA guidelines. I was dismayed to hear the hosts of a Thursday, April 24, 2014 listening session state a belief that tribal leaders are the only real ‘stakeholders’ in the ICWA issue. This infers that children, their parents, and extended family are not ‘stakeholders’ in their own lives. It infers that tribal members and potential tribal members are chattel for tribal leaders, and not the individuals of varied backgrounds, worldviews, heritages and needs that they are.
Our membership and I are ‘stakeholders’ in all decisions concerning ICWA. Our voices, feelings and needs are just as important as those of tribal leaders. Our children deserve a level of protection and services equal to that of non-tribal enrolled children.
Fortunately, I have learned over the last few weeks that several in Congress recognize us as stakeholders, value our children for their individuality, and have been stunned by the tenor of the proposed ICWA guidelines. Several Congressmen, in discussion, have recognized the tyranny of the rules as well as the unconstitutionality.
Tribal members who have rejected tribal jurisdiction, non-member parents of heritage who rejected the reservation system and/or have never lived under it, and hundreds of thousands of non-Indians across the nation are in fact “stakeholders” in this law – whether the federal government recognizes it or not.
Non-Indian stakeholders include non-Indian birth moms, dads, grandparents, aunts, uncles, and cousins of children adversely affected by the Indian Child Welfare Act. There are hundreds of thousands of them. You cannot say these families are not “stakeholders” if they have to fight a tribal government over rights to their own children and grandchildren.
Families are the center of all cultures. Our communities and children are gifts from the Lord God. The Indian Child Welfare Act has not been protecting our families. It has been harming them.
Federal and tribal governments do not have a right to interfere with our children or mandate political affiliations that parents do not agree with. Over the last twenty years, family upon family have contacted our organization with stories of how they have been hurt by the Indian Child Welfare Act of 1978 (ICWA).
Many parents have taken their children and left Indian Country for justified reasons related to tribal government corruption and crime. The BIA has been made aware of documented and rampant sexual abuse of children on many reservations. It is appalling that, in light of these documented reports of rampant abuse and suicides and the circumstances surrounding them, the BIA is proposing rules that will only increase risk for our children, as well as infringe on personal, parental, and privacy rights of families.
Substantive ICWA regulations that provide rules for its implementation in state courts and by state and public agencies will only hurt our children and families more.
The ICWA has been applied in custody cases for almost four decades now. The ICWA has led to the unnecessary break up of families and placement instability for children of varied heritage. Native children and families need agencies and courts that implement ICWA to understand just how much damage this law has done. If the ICWA’s original purpose was truly to protect children, it has not been doing so.
If the BIA has the authority to issue regulations, we are asking you not to use that authority to continue to hurt our families.
We have current cases of extended birth family having to fight tribal governments for their own children. Children have become footballs for tribal leaders seeking revenge, money or other purposes. Reservations currently attacking the rights and decisions of “stakeholder” birth family include Cheyenne River, the Cherokee Nation, and Warm Springs, among others.
Further, the federal government is mandating jurisdiction of children to a political entity many families have no connection to outside of mutual ancestors. It is assumed by some that this law only affects persons who have chosen to be part of that political entity, but it affects many who have chosen not to be – and if these rules go into effect, will interfere with the lives of many times more children and families.
Neither Congress, the BIA, nor tribal governments should be mandating race-based political affiliation for our children. Many tribal members or potential tribal members who are part of our organization made conscience and purposeful decisions to distance themselves from tribal government due to crime and corruption within Indian Country, including crime and corruption by their tribal councils and governments.
Many, many more children have left Indian Country in the custody of their parents than have left in the custody of social services or adoption agencies.
People make various choices in how they live their lives. Many U.S. citizens of Native American heritage have purposefully chosen not to live under the auspices of tribal and federal government – nor in the limited “cultural” box defined by entities such as NICWA, NARF and the Casey Foundation – despite the many attempts by these organizations to close people into that box.
According to the last two U.S. censuses, Seventy-five percent of those considered Native American do not live in Indian Country. Further, multi-heritage families are the norm. The majority of children affected by ICWA have OTHER extended family, roots, traditions, and worldviews – all equally important and acceptable.
Neither Congress, the BIA, nor tribal governments have a right to decide which worldview or ‘culture’ should be primary for our children.
The guidelines and rules claim to clarify existing law for the protection of families – despite marginalizing the rights of birth parents as well the reality of extended non-tribal birth family. There is no acknowledgement that the vast majority of eligible children are multi-racial and 75% of eligible families live outside of Indian Country.
Tribal entities use misleading statistics, such as that “more than 50% of Native kids adopted are placed in non-Native homes” – while failing to mention that many of those children are of primarily non-native heritage and have no trouble living amongst others of their primary heritage.
In the famous case “Adoptive Couple vs. Baby Girl,” the child in question was 74% Caucasian, 25% Latino and 1% Cherokee Nation. If one believes that children need to be placed in homes with heritages reflecting their primary heritage, then her placement in a Caucasian home was fitting to her primary heritage.
We, on the other hand, are primarily multi-heritage families and do not believe claims that it is vital to match heritages. We are not as concerned with matching ethnicity and heritage as much as we are concerned with matching the child with families and environments they are familiar and comfortable with. Our heritage does not define us. It is merely an interesting data point. All men are created equal, and we yearn to be judged – as wisely noted by Martin Luther King – on the content of our character, not the color of our skin.
Bad enough our federal government has forced the children of some purposefully distanced families of 100% tribal heritage into a political relationship with tribal government, but our federal government has been requiring children of scant heritage to be placed before tribal entities for decisions concerning the most important aspect of their private lives – their home and family – as well.
Tribally appointed decision makers frequently interfere in families despite knowing little more about a child than their percentage of heritage. It is impossible for any entity to know the emotions and needs of a child if they do not have active knowledge of or relationship with that particular child.
But many of the decision makers as well as the BIA do not appear to want to know more about the children they are corralling – as the rules mandate that no “best interest” argument outside of ICWA needs to be entertained. The true aspects of that individual’s life and personality appear irrelevant.
Let us be clear that what tribal governments, NICWA, NARF, NCAI and the Casey Foundation describe as the emotional needs of children with Native American heritage do not reflect my children or the children of our membership. If these entities are unable to accurately describe the needs, thoughts and feelings of our children, they are most certainly unable to speak for them.
Forty years ago, ICWA was enacted under the premise that it would keep children in their families and in the culture and environment to which they were most accustomed. These new BIA rules prove that keeping children in their accustomed environment is irrelevant to ICWA and its supporters.
These rules clearly mandate seeking out children who have had absolutely no evident connection to or need for Indian Country, notifying any potential tribal government of the child’s existence, and giving that tribal government the option to steal that child away from the only home, family, culture and environment the child has ever known.
The Casey Foundation, NICWA, NARF and some tribal governments are now claiming this is necessary due to an unscientific “study” purporting the existence of a condition they call “Split Feather” syndrome. No one articulates clearly what this syndrome derives from, but they don’t appear to be talking about a virus. What appears suggested is either that it is a spiritual issue or that all children of even the slightest heritage have some kind of ‘inherent gene’ that will cause the child to suffer if not connected to tribal government.
If the suggestion is that it is genetic, this is the epitome of racism – the suggestion that persons of a certain heritage are inherently and genetically different from the rest of the human race.
Thankfully, the Human Genome project – a scientific study mapping all human DNA – has put to rest all such incredible notions.
The Genome project proved that no separate classifiable subspecies (race) exists within humans – meaning, there is no genetic ‘racial’ difference between a person of Indian heritage and a person of English heritage.
In other words, we are all brothers and sisters – having come from the same seed. Differences found in individuals are ‘familial,’ i.e.: family related genetic blueprints, not tied to any ‘race’ gene. Eye color, the shape of a cheekbone and texture of hair are all distinct genes, separate from each other and passed down from both parents to their child. European physical traits pass equally with all others.
If they are not suggesting the condition is genetic, the only other source of this “syndrome” they attribute to children who have not had any connection to Indian Country must be spiritual. If this is what ICWA supporters are suggesting is the source of their syndrome, CAICW would be interested in seeing the study supporting the theory.
Federal government appears to cater to tribal government demand for jurisdiction over our children – even when clearly contrary to a child’s well-being – purely for reasons of political expediency. “Stakeholder” arguments dispelled, we would like to know why federal government assumes the right to use our children as chess pieces – political stakes – as they negotiate land and treaty issues with tribal governments. Federal government should be aware that as they continue to “lower the stakes” and interfere with an increasing number of primarily ‘non-tribal’ children, and increasing number of non-tribal taxpayers will be affected.
What is clear is that tribal governments, NICWA, NARF, NCAI and the Casey Foundation all receive large amounts of money in relation to enrolled children. It is no surprise that an interest in funds would affect an appetite for more children.
The proposed ICWA Rules are dangerous to the well-being of our children. They state, in part:
1. It doesn’t matter if the child has never been connected to Indian Country.
– Our response: It does matter. Our children should not be forced into drastically different and frightening home situations. We oppose this mandate over our families.
2. There is no need for a certain blood quantum. Tribal governments have complete say over whether a child is a member and subject to ICWA.
– Our response: Families should have final say concerning membership – not tribal officials. We oppose this unwarranted and unwanted mandate over our families.
3. EVERY child custody case MUST be vetted to see if it is ICWA, because there are so many of scant heritage who have never been near Indian Country and thus aren’t readily apparent. Courts will be required to question the heritage of EVERY child in order for strangers from a tribal government to step in take custody if they choose.
– Our response: We oppose this stealing of children from their beloved homes and families. There seems to be no regard for the emotional destruction this callous and unwarranted intrusion will cause children and their extended families.
4. If there is any question that a child is Indian – he is to be treated as such until proven otherwise.
– How does one explain this to a child – especially when it is found later that this child was not eligible for membership? The best interest of the child in relation to permanency is irrelevant. Why are the child’s rights and feelings irrelevant? – We oppose this mandate over our families.
5. The BIA claims the tribe has a right to interfere in a family even if the child is not being removed from the home.
– We oppose this intrusive mandate over our families.
6. No one is to question the placement decision of tribal court, because pointing out problems – for example, that a certain home has a history of child abuse – undermines the authority of tribal court.
– Our response: We have documentation of many, many children placed in known danger by tribal courts, with the child victim ending up abused, raped, or even murdered. 3-year-old Ahziya Osceola of Florida, whose body was found stuffed in a box just last month, is case in point. – We oppose this mandate over our families and – for the sake of our children – will continue to question potentially dangerous custody placements made by any entity in any jurisdiction – appealing to media as often as necessary.
Some tribal governments are reticent to admit they do not have enough safe homes to place children in, and not wanting to place the children off the reservation, they have placed children in questionable homes. (Based on reports from ACF Regional Director Thomas Sullivan and Tribal police officer LaVern Littlewind)
Abuses are rampant on some reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.
It has become increasingly apparent that to some in federal government – as well some in tribal government – that it is more important to protect tribal sovereignty than it is to protect our children.
In fact – some are choosing to protect tribal sovereignty at the expense of our children.
If it was not obvious to some in the years leading up to this that the ICWA is more about protecting tribal sovereignty than it is about protecting children, than these BIA rules confirm it.
According to the BIA, the only ‘best interest’ of importance is keeping the child with the tribal government. The BIA rules repeat that Congress has:
“a presumption that ICWA’s placement preferences are in the best interests of Indian children; therefore, an independent analysis of “best interest” would undermine Congress’s findings.”
To paraphrase the above quote, the true best interest of our individual children is irrelevant. Don’t even try to argue it.
This flies in the face of everything we know about child psychology and development, let alone what we know about our own 4-year-old children.
These BIA rules reiterate a prejudicial assumption that everyone with any tribal heritage has exactly the same feelings, thoughts and needs. It prejudicially assumes it is always in the best interest of a child to be under the jurisdiction of tribal government, even if parents and grandparents have chosen and raised them in a different environment with different worldview – and even if the child himself/herself has made it clear what he/she needs and prefers.
Speaking as the birth mother and grandmother of enrollable U.S. citizens, I need our Congressmen to understand that these children are not the tribal government’s children.
They are our children.
The following are a list of proposed ICWA changes CAICW would like to see:
1. Children of tribal heritage should be guaranteed protection equal to that of any other child in the United States.
a) Children should never be moved suddenly from a home that is safe, loved, and where they are emotionally, socially and physically comfortable simply because their caregivers are not of a certain heritage. The best interest of the child should be considered first, above the needs of the tribal community.
b) State health and welfare requirements for foster and adoptive children should apply equally to all. If there is proven evidence of emotional and/or physical neglect, the state has an obligation to that child’s welfare and should be held accountable if the child is knowingly or by Social Service neglect left in unsafe conditions. ( – Title 42 U.S.C 1983)
2. Fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage and superseding wishes of tribal government. US Supreme Court decisions upholding family autonomy under 5th and 14th Amendment due process and equal protection include Meyer vs. Nebraska, Pierce v. Society of Sisters, and Brown v. Board of Education.
3. The “Existing Indian Family Doctrine” must be available to families and children that choose not to live within the reservation system.
a) In re Santos Y, the court found “Application of the ICWA to a child whose only connection with an Indian tribe is a one-quarter genetic contribution does not serve the purpose for which the ICWA was enacted…” Santos y quoted from Bridget R.’s due process and equal protection analysis at length. Santos also states, Congress considered amending the ICWA to preclude application of the “existing Indian family doctrine” but did not do so.”
b) In Bridget R., the court stated, “if the Act applies to children whose families have no significant relationship with Indian tribal culture, such application runs afoul of the Constitution in three ways:
– it impermissibly intrudes upon a power ordinarily reserved to the states,
– it improperly interferes with Indian children’s fundamental due process rights respecting family relationships; and
– on the sole basis of race, it deprives them of equal opportunities to be adopted that are available to non-Indian children and exposes them…to having an existing non-Indian family torn apart through an after the fact assertion of tribal and Indian-parent rights under ICWA”.
c) In re Alexandria Y., the court held that “recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA” and held that the trial court had acted properly in refusing to apply ICWA “because neither [child] nor [mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve.”
Question: If current ICWA case law includes many situations where existing Family Doctrine has already been ignored, then have serious constitutional flaws already occurred?
4. United States citizens, no matter their heritage, have a right to fair trials.
a) When summoned to a tribal court, parents and legal guardians, whether enrolled or not, have to be told their rights, including 25 USC Chapter 21 § 1911. (b) “Transfer of proceedings [to tribal jurisdiction] …in the absence of good cause to the contrary, [and] objection by either parent…”
b) The rights of non-member parents must be upheld: for example: 25 USC Chapter 21 § 1903. Definitions “Permanent Placement” (1) (iv) “shall not include a placement based … upon an award, in a divorce proceeding, of custody to one of the parents.
c) Non-members have to be able to serve county and state summons to tribal members within reservation boundaries and must have access to appeal.
d) Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.
5. Adoptive Parents need well-defined protections. These citizens among us have been willing to set aside personal comforts and take in society’s neediest children. Adoptive parents take many risks in doing this, the least of which is finances. People build their lives around family. Adoptive parents risk not only their own hearts, but also the hearts of any birth children they have as well as the hearts of their extended family. These parents have an investment in the families they are building and have a right to know that they can put their names on the adoption paper with confidence. If we, as a society, continue to abuse these parents, we will find fewer people willing to take the risk of adoption and more and more children will languish in foster homes.
6. A “Qualified expert witness” should be someone who is able to advocate for the well-being of the child, first and foremost: a professional person who has substantial education and experience in the area of the professional person’s specialty and significant knowledge of and experience with the child, his family, and the culture, family structure, and child-rearing practices the child has been raised in.
a) There is nothing a tribal social worker inherently knows about a child based on the child’s ethnic heritage. This includes children of 100% heritage who have been raised totally apart from the tribal community. A qualified expert witness needs to be someone who has not only met the child, but has worked with the child, is familiar with and understands the environment the child has thus far been raised in, and has professional experience with some aspect of the child’s emotional, physical or academic health. This is far more important than understanding the customs of a particular tribe.
7. Finally, if tribal membership is a political rather than racial designation, (as argued) than is it constitutional for the definition of an Indian child to include “eligible” children, rather than “enrolled” children?
a) 25 USC Chapter 21 § 1903. Definitions: (4) ”Indian child” means any unmarried person who is under age eighteen and is either
i) member of an Indian tribe or
ii) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;
However;
1. Tribal governments have been given the right as sovereign entities to determine their own membership at the expense of the rights of any other heritage or culture as well as at the expense of individual rights.
2. ICWA does not give Indian children or their legal guardians the choice whether to accept political membership in the tribe. Legal guardians have the right to make that choice for their children, not governments.
3. Non-member relatives are told these children are now members of an entity with which the family has had no past political, social or cultural relationship.
4. So is it then the blood relationship that determines membership? Bridget R., stated, “If tribal determinations are indeed conclusive for purposes of applying ICWA, and if, … a particular tribe recognizes as members all persons who are biologically descended from historic tribal members, then children who are related by blood to such a tribe may be claimed by the tribe, and thus made subject to the provisions of ICWA, solely on the basis of their biological heritage. Only children who are racially Indians face this possibility.” Isn’t that then an unconstitutional race-based classification?
5. Keeping children, no matter their blood quantum, in what the State would normally determine to be an unfit home on the basis of tribal government claims that European values don’t apply to and are not needed by children of tribal heritage is racist in nature and a denial of the child’s personal right to life, liberty and the pursuit of happiness.
6. Even with significant relationship with Indian tribal culture, forced application of ICWA conflicts with the Constitution in three ways:
(1) It impermissibly intrudes upon a power ordinarily reserved to the states,
(2) It improperly interferes with Indian children’s fundamental due process rights; and
(3) On the sole basis of race, it deprives them of equal opportunities to be adopted that are available to non-Indian children.
We are aware that certain tribal entities and their supporters – those who are in the business of jurisdiction over our children – are adamant that these rules be enforced as written. We realize it would be messy and difficult to defy the demands of tribal governments. We understand that many will not want to do that.
Please understand that we will never stop fighting to protect our children from those who wish to exploit them for profit. Our children are more important than tribal sovereignty.
Thank you for listening to all the stakeholders.
Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
Attached:
Tom Sullivan’s 29 Page Whistleblower report (2015, April)
References:
ACF. (2007). Tribal Child Counts. Washington DC: Child Care Bureau, Office of Family Assistance.
Associated Press. (2014, April 28). 42 people killed in homicidal violence in 2013 on country’s largest Indian reservation. Retrieved from: http://www.foxnews.com/us/2014/04/28/42-people-killed-in-homicidal-violence-in-2013-on-country-largest-indian/
Belford, D. (2012). Life with James [Video].
Benedict, J. (2000). Without Reservation. New York: Harper.
CAICW Testimony: CHILD PROTECTION AND THE JUSTICE SYSTEM on the Spirit Lake Reservation: Oversight Hearing before the Subcommittee on Indian and Alaska Native Affairs; COMMITTEE ON NATURAL RESOURCES of the House of Representatives, 113th Congress, (2014, June 24)
CAICW Request. Letter to Senator Tom Coburn, urging Inspector General Investigation, (2014, July 31)
Domestic and Sexual Violence outside the Reservations in North Dakota get lots of attention from the ACF. (September 2013) Email Correspondence between ACF Officials
In re SANTOS Y., B144822 (Cal. App. 4th, Second Dist. Div. Two July 20, 2001).
Jackson, J. C. (1999, February 12). Director of Government Affairs. (U. C. Rights, Interviewer) Retrieved from Jack C. Jackson, Jr., Director of Governmental Affairs, National Congress of American Indians, Statement on the importance of an accurate census to American Indians and Alaska Natives, before the U.S. Commission on Civil Rights, Washington, D.C.,
Karnowski, S. (2013). Feds Say Native Mob Gang Dented but Work Remains. Minneapolis: ABC News.
Kershaw, S. (2006, February 19), Tribal Underworld: Drug Traffickers Find Haven in Shadows of Indian Country, New York Times
Lawrence, William (Bill). (2007). Publisher. Native American Press/Ojibwe News.
LittleWind, LaVern ‘Bundy’. (2014) Audio Tapes between tribal police officer Bundy Littlewind and Spirit Lake Social Services. Retrieved at https://caicw.org/2014/09/25/five-hours-later-he-died-in-a-car-wreck/#.VUo2LSFVjBE
Morris, E. (2007). VIEWPOINT: Law could tear children from a ‘tribe’ they love . Grand Forks: Grand Forks Herald.
Morris, E. (2013) To Better Protect the Children
Morris, Roland John. Testimony before the Senate Committee on Indian Affairs (1998) – Concerning tribal corruption and jurisdiction
Morrison, S.K., (1998), Testimony before the Senate Committee on Indian Affairs on tribal sovereignty and tribal courts, Choctaw Attorney; Wilburton, Oklahoma;
Necessary Corrective Action. (2012, February) BIA Regional Social Worker assessment of changes needed to ensure protection of children at Spirit Lake – sent to BIA Superintendent
Omdahl, L. (2013, July). Commentary by Former ND Lt. Governor. Grand Forks: Grand Forks Herald.
Oversight Hearing. (2014). CHILD PROTECTION AND THE JUSTICE SYSTEM ON THE SPIRIT LAKE INDIAN RESERVATION. Subcommittee on Indian and Alaska Native Affairs; Committee on Natural Resources (p. June 24). Washington DC: HOUSE OF REPRESENTATIVES, 113th Congress.
Quilt. (2004). Child Counts. Warm Spring: NCCIC
Rowley, Sean. (2015, April). ICWA Discussed at Symposium Seminar. Tahlequah Daily Press
Smart, P. M. (2004). In Harm’s Way. The Salt Lake Tribune.
Sullivan, Thomas F., R. A. 12th Mandated Report concerning Suspected Child Abuse on the Spirit Lake Reservation. (2013, February) To ACF Superiors in Washington DC
Sullivan, Thomas F., R. A. 13th Mandated Report concerning Suspected Child Abuse on the Spirit Lake Reservation. (2013, April) To ACF Superiors in Washington DC
Sullivan, Thomas F., R. A. Attempt to go to Spirit Lake, (2013, August) – email correspondence between Tom Sullivan and his DC Superiors
Sullivan, Thomas, R. A. (2014, April 4). Sullivan rebukes his DC Superiors for their negligence of children on Indian reservations. To ACF Superiors in DC. Retrieved from: https://caicw.org/2014/04/04/tom-sullivan-rebukes-his-dc-superiors-for-their-negligence/
Sullivan, Thomas F., R. A. (2014, May 6). Criminal Corruption continues at Spirit Lake. To DC Superiors with the Administration of Children & Families. Retrieved from: https://caicw.org/2014/05/06/criminal-corruption-continues-at-spirit-lake/#.U9cSg7FsLFQ
Sullivan, Tom, R. A. (2014, June 10). Continual Rape of 13-yr-old Ignored. To Superiors at the Administration of Children and Families. Retrieved from:https://caicw.org/2014/06/10/tom-sullivan-continual-rape-of-13-yr-old-ignored/#.U9b7y7FsLFQ
Sullivan, Thomas F., R. A. Response to Chairman McDonald’s Hearing Testimony (2014, June 25) by Thomas Sullivan, Regional Director of the Administration for Children and Families
Sullivan, Thomas F., R. A. Response to ACF Superior Ms. McMullen, (2014, July 1) – by Thomas Sullivan, Regional Director of the Administration for Children and Families
Tevlin, J. (2013, February 12). Tevlin: Sierra shares lessons on Indian adoption. StarTribune.com. Retrieved from: http://www.startribune.com/local/190953261.html?refer=y
Tilus, Michael R., P. M. (2012, March 3). Letter of Grave Concern: Spirit Lake Tribal Social Services Grievances. To Ms. Sue Settle, Chief, Dept. of Human Services, BIA Retrieved from: https://caicw.org/wp-content/uploads/Letter-of-Grave-Concern-Dr.-Tilus-March-3-2012.pdf
NPR ICWA Series Discredited: SD: Indian Foster Care 1: NPR Investigative Storytelling Gone Awry – National Public Radio Ombudsman – August 09, 2013
My finding is that the series was deeply flawed and should not have been aired as it was. Also: S. Dakota Indian Foster Care 2: Abuse In Taking Children From Families?: http://www.npr.org/blogs/ombudsman/2013/08/09/186943868/s-dakota-indian-foster-care-2-abuse-in-taking-children-from-families?ft=1&f= Also: S. Dakota Indian Foster Care 3: Filthy Lucre: http://www.npr.org/blogs/ombudsman/2013/08/09/186943952/s-dakota-indian-foster-care-3-filthy-lucre Also: Indian Foster Care 4: The Mystery Of A Missing $100 Million: http://www.npr.org/blogs/ombudsman/2013/08/09/209282064/s-dakota-indian-foster-care-4-the-mystery-of-a-missing-100-million Also: S. Dakota Indian Foster Care 5: Who Is To Blame For Native Children In White Homes?: http://www.npr.org/blogs/ombudsman/2013/08/09/209528755/s-dakota-indian-foster-care-5-who-is-to-blame-for-native-children-in-white-homes Also: S. Dakota Indian Foster Care 6: Where It All Went Wrong – The Framing: http://www.npr.org/blogs/ombudsman/2013/08/09/203038778/s-dakota-india
Full NPR Ombudsman Report: http://www.scribd.com/doc/159252168/Full-NPR-Ombudsman-Report-South-Dakota-Foster-Care-Investigative-Storytelling-Gone-Awry
http://www.npr.org/blogs/ombudsman/2013/08/09/186943929/s-dakota-indian-foster-care-1-investigative-storytelling-gone-awry
The Bureau of Indian Affairs issued new ICWA guidelines on February 25. These guidelines, effective immediately, are not binding. But the proposed rules, matching the guidelines and currently in comment period, will be.
These rules negating the rights of children have been proposed despite well-documented evidence of wide-spread physical and sexual abuse in Indian Country.
The most recent example: Last month, ACF Regional Director Tom Sullivan (Administration of Children and Families) released a 29-page Whistle Blower report detailing consistent and rampant physical and sexual abuse of children in Indian Country.
The ACF and BIA are both very aware of Mr. Sullivan’s report and other reports. The BIA does know physical and sexual abuse is rampant in many corners of Indian Country.
Hard enough to understand why our federal government will be enforcing rules that so deeply infringe on the personal, parental, and privacy rights of citizens of every age and heritage – it is impossible to understand why the BIA has the authority and gall to write rules which so obviously increase risk for abuse of displaced children.
READ the 29 page Whistle Blower report on rampant child abuse written by Regional Director Tom Sullivan of the Administration of Children and Families: – Thomas F Sullivan WB April 2015
Additional documents from Mr. Sullivan:
Tom Sullivan’s 12th Mandated Report, February 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation
Tom Sullivan’s 13th Mandated Report, March 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation
Reading the BIA’s proposed rules alongside Mr. Sullivan’s detailed report should clear up any question as to why these rules are brutally dangerous to children of every heritage in every state of this country. The rules state that it does not matter if the child has ever lived in Indian Country nor does it matter if the child has any significant heritage. All that matters is whether the tribal government wants to claim the child as a member.
Reading the rules will also clear up any question as to who the ICWA is factually intended to protect. They are not written to protect the rights and safety of children. They are written to protect the claimed rights of tribal leaders and to protect tribal sovereignty.
The proposed new BIA rules for ICWA can read here: http://www.bia.gov/cs/groups/public/documents/text/idc1-029447.pdf – (Beginning in middle of the page, right – “Regulations for State Courts and Agencies in Indian Child Custody Proceedings.”) The Public Comment period ends May 19.
Finally – we are questioning why the Administration for Children and Families under HHS has ignored Mr. Sullivan’s reports, and why they have recently suspended him for supposedly not filling out a leave of Absence form correctly.
You have about ONE WEEK LEFT to make comments CONCERNING the new Rules for ICWA – the BIA’s “Regulations for State Courts and Agencies in Indian Child Custody Proceedings.”
Comments must be received on or before May 19, 2015. You can submit comments via e-mail to comments@bia.gov; include “ICWA” in the subject line of the message.
You may also mail comments or go through the federal rule making portal at – http://www.regulations.gov/#!documentDetail;D=BIA-2015-0001-0001
OUR SUMMARY: https://caicw.org/2015/04/12/educating-congress-on-the-new-bia-regs-concerning-our-children/#.VU8OWiFVjBE
Friends, we need more of your friends and family to understand what the BIA is doing, as well we need you to call your Congressmen and Senators and TELL them in you own words how these rules could – or do – affect you, your family, your friends, your neighbors… And simply what an unconstitutional affront this is to all Americans of every single heritage – as, (contrary to what its authors portray)… It DOES affect families of every heritage.
SHARE with friends and family – and CALL your Congressmen and Senators! Educate them!!
1) READ the BIA ICWA Rules – http://www.bia.gov/…/…/public/documents/text/idc1-029447.pdf (Beginning in middle of the page, right – “Regulations for State Courts and Agencies in Indian Child Custody Proceedings.”)
2) CALL your State Senators and Congressman! (If you need their phone numbers, please ask us – write ‘administrator@caicw.org’ )
3) PLEASE COMMENT ON THE NEW FEDERAL RULES CONCERNING ICWA… Comments must be received on or before May 19, 2015. You can submit comments via e-mail to comments@bia.gov; include “ICWA” in the subject line of the message. You may also mail comments or go through the federal rule making portal at http://www.regulations.gov/#!documentDetail;D=BIA-2015-0001-0001
There is also a public teleconference concerning these rules to be held on Tuesday, May 12, from 1 – 4 p.m. Eastern Time. The number to call is 888-730-9138, the Passcode is INTERIOR –
Tom Sullivan’s 12th Mandated Report, February 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation
Tom Sullivan’s 13th Mandated Report, March 2013, concerning Suspected Child Abuse on the Spirit Lake Reservation
Letter’s from George Sheldon say “Ignore Tom.”
ADDITIONAL DOCUMENTS FROM TOM SULLIVAN
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Tom Sullivan, recently suspended for purportedly not filing correct ‘Leave of Absence’ forms following major surgery, responds to his superiors and calls them out on the REAL reason for their vindictive indictment of him – the fact that he won’t keep quiet about the abuse of children at Spirit Lake… (bold added)
PLEASE SHARE THIS – with friends, family – and very importantly, with your Congressmen. Ask them to help Tom. We NEED to stand up for and protect government workers who are trying to do their jobs with honesty and courage.
https://files.acrobat.com/a/preview/c889cab0-486a-480f-97c4-ee07bb4f4014
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Ms. Mcmullen:
This is in response to Mr. Murray’s March 23, 2015 letter threatening me with a 14 calendar day unpaid suspension.
As usual his letter is short on facts and long on bureaucratic nitpicklng. The following facts are incontrovertible evidence of his bias against me:
1. Mr. Murray says nothing about my hip replacement surgery, major surgery with substantial potential for significant, adverse effects • a pulmonary embolism being one of the primary ones;
2. Mr. Murray says nothing about the last year When every step I took with my bone-on-bone hip was excruciatingly painful, necessitating the limited ingestion of powerful pain medication during the last few months pre-surgery. As a friend told my wife in October, 2014, after observing me walking, “From the look on his face I can tell every step he took was pure agony.” Even though my painful walking was apparent lo anyone with eyes to see, Mr. Murray never mentioned the possibility of Reasonable Accommodation lo me as required;
3. Mr. Murray says nothing about the fact that my hip was initially damaged in a workplace accident:
4. Mr. Murray libels me as he has done in the past still refusing to answer my earlier request (seven months ago) to provide factual data justifying his libelous statements or apologize In writing for writing factually inaccurate statements about me;
5. Mr. Murray says nothing about the fact that I am a whistle blower and that his actions against ma are nothing more than raw reprisal for my whistle blowing;
6. Mr. Murray says nothing about his non-compliance with regulations requiring him to notify me about my options under “Reasonable Accommodation” as soon as he observed my painful walking or when he learned about my surgery on February 24, 201S;
7. Mr. Murray says nothing about his premature denial of my Reasonable Accommodation request even before receiving a recommendation from the Federal Occupational Health Office;
8. Mr. Murray says nothing about my surgeon clearing me for work from home more than two weeks all<), before he denied my request rot a Reasonable Accommodation, while he demands that I not work and take leave when there is absolutely no medical reason preventing me from working; 9. Mr. Murray says nothing about his reprisals against me over the last two years for my whistle blowing; 10. Mr. Murray fails to mention that even though I believe his March 17, 2015 email to me is a prohibited personnel practice, as defined by the Office of Special Counsel, reflecting his retaliatory reprisal against me, I have complied with all of his requirements, stopping all telework activities as he demanded and taking leave on every work day; 11. Mr. Murray fails to mention that even if I use up all of my accumulated leave that I can apply for inclusion in the Donated Leave Program or request Advanced Sick Leave - a program made available to me in my first year of federal employment, when I had only Career-Conditional status as an employee of the Department of Health education and Welfare. I believe a supervisor is obliged by regulation to counsel his staff about such options Page 2 of 2 whenever they clearly have a medical problem even if they have said nothing to him about it;. Given the 11 factual failures of Mr. Murray, it is strange that I am being threatened with a 14 calendar day unpaid suspension and that Mr. Murray continues, thus far, to escape any censure for his failures. But you, Ms Mcmullen, have been several orders of magnitude worse than Mr. Murray in your retaliatory actions against me.
You have sought to force my agreement with you that the placement of young American Indian children in the homes of sexual predators. available to be raped or sodomized daily, is not a problem.
You have sought to force me to agree that all was OK when children’s stories about being abused that were brought to my attention by my Sources and which I referred to you for follow-up were not being investigated by either tribal social services, tribal or BIA law enforcement or the FBI.
You have sought to force me to endorse the former US Attorney from North Dakota’s position that a 12 year old little girl who had just turned 13, home alone, had consensual sex with a 38 year old man. Where in this country is sex between a 12 or 13 year old little girl and a 38 year old man not statutory rape?
Your actions have prevented me from speaking with either the media or members of Congress in clear and direct violation of the Whistle Blower Protection Act es amended.
My whistle blowing has properly characterized what you have done and continue to do. Even so you have appointed yourself as judge and jury in this matter. You fancy yoursalf as an independent arbiter. You are neither.
You are a party to this matter, a party who is deeply interested in silencing me by whatever means, including reliance on the prohibited personnel practices as defined by the Office of Special Counsel.
With every email and letter you write you expose yourself and your retaliatory reprisals against me for more and more to see and understand.
Your cavalier disregard for the welfare of the American Indian children at Spirit Lake and all across Indian Country has established a broad and deep record comparable to those that existed at Penn State and in the Catholic Church before their transgressions against children began to be revealed.
I therefore, request that the threatened 14 calendar day unpaid suspension not be applied to me since there is nothing on the record to justify it.
Thomas F. Sullivan
Regional Administrator, ACF, Denver
Radio Interview on Boston station “Chuck Morse Speaks” – January 8, 2015
Click Link to listen to interview (One hour) –
LINK: Child abuse on Native American Reservations –
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This audio is of Spirit Lake Tribal member/BIA Police Officer ‘Bundy’ talking to BIA Social Services Supervisor Bill McKie about abuse of his children. In the audio Bundy talks about getting the run-around. McKie berates Bundy for pursuing the child abuse – tells him he is running around going “yap-yap-yap” and is obsessed with the issue. This happened about 3 weeks before Bundy died. Aug. 30, 2014, Fort Totten, North Dakota – Spirit Lake Reservation.
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Three weeks ago while I was walking, I found these beautiful Flowers growing out of a crack in the cement sidewalk. Today, listening to Mr. Mckie’s attempt to shame and intimidate Bundy, these flowers seemed appropriate. RIP Lavern ‘Bundy’ Littlewind. God Bless you.
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Can’t view this video? Try this link:
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https://www.youtube.com/watch?v=AGEw7jq9hig&feature=youtu.be
A few people have asked what they can do to stand up for Bundy and continue what he started.
1. Bundy wanted these documents to be seen. He wanted to prove that Social services is not doing its job and needs an honest, genuine shake-up and change, not just fluffy talk and pretend. So – Please share his stuff so that the Media and Congressman in New York and DC can’t ignore it as they have been. Especially share this last audio, the longest one. It really shows the attitude of tribal social services and the BIA.
2. Senator Hoeven and Rep. Cramer were given this material and the week prior to Bundy’s passing and have had time to look at it. Now we need to know now what they are going to do to push for genuine change in tribal social services. We don’t want more fluff talk and posturing from DC, the BIA, Casey family services or the ACF. We want the people of Spirit Lake to finally get some honest respect and real action. So please call their offices and ask them what is going to be done to change tribal social services. Be persistent. Don’t allow anyone to snow you with nice words that are only meant to pacify.
Senator Hoeven: 202-224-2551
Rep. Cramer: 202-225-2611
Rep. Cramer was very good to call the BIA on the carpet in June. His office actually asked Bundy to testify at the Oversight Hearing that month, but Bundy was nervous about the custody battle and thought the tribal government might use his kids against him if he did that. That was very understandable – as many of us have seen that kind of thing happen.
We are very grateful for Rep. Cramer’s for what he did in June. He has been a hero doing things others have been too afraid to. But we can’t let our politician’s rest on their laurels. We want to know what Rep. Cramer’s next step is.
(It doesn’t do much good to call Senator Heitkamp’s office. She has not yet been willing to take genuine, immediate action to change things for the better.)
Bundy’s 10 page affidavit –
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The image with this audio is Bundy’s final affidavit to the tribal court on 8/26/2014. You an read it better at https://caicw.org/2014/09/26/bundys-additional-statement-august-2014/#.VCikHxamSSo
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Can’t view this video? Try this link:
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If you are having trouble viewing the video, try this link…
We are not witnesses to the events that transpired in this family. We don’t know what went on. But what is clear in this and other audios is that the system set up to protect children at Spirit Lake, as well as at many other reservations, isn’t working.
Do you want to know why abuse continues at Spirit Lake despite everything that has happened to children there, and despite the BIA supposedly overseeing everything now?
It is because our federal government has set up a system that supports and even encourages it.
The Social worker in this audio doesn’t appear to be overly concerned with investigating the allegations from either parent. What she appears to be saying is that if any more 960’s are filed by either parent, the children will be placed in foster care. The criteria she indicates for removing the kids doesn’t appear to be on the merits of one of the currently filed 960’s, or even the merits of whatever a new 960 would be. It would simply be because one more 960 had been filed, making life more difficult for social services.
So – if a parent like Bundy had a genuine issue to be concerned about – they are now in fear of saying so.
We are all very concerned that if what Bundy is saying is true and he is no longer here to protect his kids, the system won’t help them and they could be placed in danger. But even Bundy said the point of publishing the audios goes beyond that. After all, he had no idea when he sent this material that within a few days, he would be gone. He did not know his kids would be at risk within the week. What he did know is that everything is messed up and needs to change.
This is about a good man – Bundy and his courage and passion to try to do something about what he was seeing. It is about his kids and the love he had for them along with his desire that they be safe.
It is also about the apathy and ineffective attitude within the BIA, ACF, Spirit Lake Social Services – and tribal social services on several other reservations. It is about a nation-wide system that routinely looks the other way because it is easier to do that than deal with the rampant abuse and neglect endemic on many reservations.
What has to be understood is:
1. The mother isn’t alone. If Social Services were to take action on some of the things this mother was doing, they would need to take similar action against many other parents. That would be exhausting considering the size of the problem.
2. Some parents don’t think they are doing anything wrong because so many others are doing the same thing – or worse. So some parents and their relatives are sincere when they say the believe a person is a “good” mother, despite certain behavior.
3. Some of the behavior is so common, kids are growing up thinking it is normal on the rez. Even some social workers behave in similar manner with their own children, so they certainly aren’t going to call other parents on the carpet for it. Bundy himself fell into some of that. He didn’t use seat belts the night of the accident. It’s not uncommon on the Rez for people not to use seat belts. Many of those who are criticizing him for it don’t use seat belts either. It is simply one of the things that is so common it is accepted.
4. Some within tribal leadership, supporters of the status quo, and even federal government claim that tribal members have different standards than “European” families and shouldn’t be held to the same familial standards as “white” people. There are some aspects of life where that is true. But not when it comes to abuse or neglect. The kind of behavior Bundy is talking about has been rationalized and determined to be acceptable by too many people on many reservations. Deep down, we all know abuse and neglect is NEVER okay, no matter who is doing it or what the person’s heritage is. When you hear the argument that tribal members can’t be held to “European” standards, realize that some use this as an excuse for abuse that allows it to continue.
5. Realize that many tribal members, just like Bundy, know abuse and neglect when they see it and want it stopped – but are powerless in the face of tribal corruption and the rhetoric of people in orgs like NARF, NICWA and the Casey Foundation. These orgs have spun a yarn and the federal government has bought it. Bundy, Roland Morris, Sr. and many others with no power have attempted to speak and tell the truth, but have been ignored.
6. It is claimed by supporters of the current system that tribal members are allowed a “higher standard” of proof before they can be accused of neglect or abuse. Talk about turning something on it’s head. What are they talking about when they say a “higher” standard? According to our federal government, children of Native American heritage need to be neglected and abused far more than children of any other heritage before they can be protected. That is clearly a LOWER standard.
7. The Indian Child Welfare Act is being protected at all costs – even the cost of children’s lives. Talk about an ironic turn-around. But that is what happens when you put a price on people’s heads; each tribal member amounts to additional federal funding for tribal governments. Think about this: If the BIA and tribal social services were to pursue and investigate every instance of abuse and neglect that they hear about, it would:
a) cost a lot of money.
b) involve finding foster care outside of the reservation, because there are already too few foster homes on the reservation.
c) threaten the credibility of the rhetoric that has been spun.
So instead, neglect and abuse is ignored, the number of incidents is hidden or played down, rhetoric is expounded, and tribal governments, tribal leaders and their cronies continue to receive their money and power.
And kids continue to suffer – and some even die.
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Passing the buck:
The judge had said for him in the last audio to go to tribal social services to get the recommendation for supervised visits, while this social worker is telling him he needs to ask the court for what he needs and bring evidence.
He has already said that he gave both the judge and the social services many pictures and documents.
If you have trouble viewing this audio/video, try this link…
August 22, 2014 – Meeting with BIA Social Services Supervisor Fernanda Shay
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AUDIO LINK – Patty Twohearts, court secretary tells Bundy that the judge has stopped visitation until investigation is completed
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BELOW:
Emergency Visitation order, redacted April 25, 2014
He died in a car wreck on Monday, Sept. 22, 2014. Just five hours earlier, he was talking to us on the phone, telling us the audios he had sent us a few days earlier were recorded during his meetings with social services and tribal court. He wanted his story to be public. He wanted others to know why child abuse thrives on the reservation.
He was a tribal member and BIA policeman at Spirit Lake. He had lived there all his life. He said he was raised to be a warrior – protecting women, elders and children… He said he can’t imagine doing anything else. He said, “That’s what warriors do.”
But too often, the tribal gov’t wants him to sweep abuse under the rug… He said lots of stuff on the Rez gets swept under the rug – because it was easier than investigating and dealing with it. He said too many on the Rez aren’t protecting the children – and many are upset with him because he keeps telling the truth and pushing for what it right, while many others just want to leave things as they are. Social services treated him like he was a pest.
Bundy was his nick-name. He was trying to protect his own children. He was bringing hospital reports and other evidence of his ex-wife’s abuse to social services to get them to DO something and protect his kids, ages 3 and 5. He had even taken drug paraphernalia out of his daughter’s mouth once after she had returned from visiting her mother. He turned it over to the crime lab, and has been waiting for three months to get the results back.
All he wanted was supervised visits. He made arrangements with SAAFE – a place near her house where she could easily visit with the kids. But tribal court wouldn’t make the order – and social services wouldn’t make the recommendation.
He sent us audio tapes between himself and a couple Spirit Lake, BIA social workers. The man in the audio, who is currently the superintendent for social services there, was telling him he looks like a fool for running around “yap-yap-yapping” all the time about his kids. “He said, “You seem obsessed. What is it that is REALLY bothering you. Is it because she left you?” He told Bundy, “I’m telling you this for your own good. Stop doing this.” “You have a ‘responsible position.’ You should think about what you are saying.”
Yes – he said that to him. We have the audio tape here on my computer.
The man who said that is currently the superintendent of Spirit Lake Social Services. We have his name – Bill McKie – his voice – and his effort to intimidate and shame Bundy.
But we don’t have Bundy. Most importantly, his children don’t have Bundy anymore.
The children were also in the car and are currently in the hospital.
God be with those children. We ask this in the Holy Name of Jesus.
Bundy wanted us to spread the documents. He had been asked to testify at the oversight hearing in June, but he was still too afraid at that time. Not for himself, he said, but because he was fighting for his kids and was afraid what would happen to them if he went against the tribe. But yesterday, he told us he had had enough. He was ready to talk to the world. He told me I could arrange a radio interview with one of the hosts we have gone on several times. He told me that just five hours before he died.
Bundy had sent the documentation to Senator Hoeven’s office last week. It was sent to Rep. Cramer’s office as well.
The pen – which Bundy brought to the Bismarck crime lab – is hard evidence. The hospital reports are hard evidence. The bruises, lice and scabies were hard evidence. The testimony of the dispatcher was hard evidence.
Yet, tribal Social services chose to ignore hard evidence and deride Bundy for attempting to protect his kids. That’s the whole point.
The BIA was called in two years ago to oversee, improve care, and protect the kids. Casey Family Services and the ACF were supposed to be overseeing, improving care and protecting the kids.
Tribal social services doesn’t protect kids, they protect neglectful parents. That is why we continue to see this cycle go on and on and on.
That’s why we need to honor Bundy’s request and publish his tapes.
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The following is a timeline we put together based on the documents he had sent us. We were able to ask him a couple questions pertaining to the timeline during our hour long talk the afternoon of Monday, Sept. 22nd. We didn’t get a chance to finish the questions.
Italicized events are from Bundy’s statements. Events with bold dates are backed by documentation he had given us.
We will be posting the Documents and linking them to this time line as we go through and finish redacting from the documents.
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(February 2, 2014 – Kids were dropped off by mom at Spirit Lake police dept. after a visitation. Daughter was chewing on hollowed-out pen. Bundy noticed the pen at a gas station on their way home. He told her not to chew on that kind of thing and took it from her. She said, “Give me back that pen. It’s mine. My mom gave me that.” Holding the hollow pen up to the light, white powder could be seen in it. Pen was brought to the Spirit Lake police dept., Criminal Investigator. Pen was put into evidence. 960 was never completed. Pen was left in desk drawer for months. 960 on the pen was never given to BIA In July, Bundy retrieved the pen and took it to Bismarck crime lab on his own. He has not yet gotten the results back. )
(February, 2014 – Kids treated by hospital for scabies after returning from visit with mother.)
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April, 2014 – AUDIO TAPED – Brief confirmation from Patty Twohearts, tribal court Secretary
– Bundy was told that the kids would stay with him until SS does an investigation.
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(June 3, 2014, custody/visitation court hearing)
(June 20, 2014, court order resuming visitation for mother)
(June 26, 2014, Mother took daughter to ER, alleging Bundy’s older child from a different relationship hit the daughter in the groin with a baseball bat. ER report states daughter had a UTI.)
(June 27, 2014, BIA Social Services Daryl Lebeaux told Bundy that the children will remain with the mother until the investigation is completed.)
(June 30, 2014, BIA Social Services Mark Fryer told Bundy he will look into it and find out why the children are remaining with the mother until the investigation is completed.)
(July 2, 2014, BIA Social Services Mark Fryer told Bundy he believes the case was closed as evidence was unfounded. will look into it and find out why the children are remaining with the mother until the investigation is completed. It appears the investigation was on Bundy, not on the mother. Bundy asked that the children be returned to him by July 6, 2014)
(July 8, 2014, Bundy got hold of Special agent Jerard Hoegar as he was told this was the person who needed to close the case. Hoeger stated it was closed on June 26 – the day at the ER – after an interview with the daughter – evidence was unfounded. He stated that BIA social services knew this and the children should have been returned to Bundy on the 29th as there was no documentation for the mother to keep the children. will look into it and find out why the children are remaining with the mother until the investigation is completed. It appears the investigation was on Bundy, not on the mother. Bundy asked that the children be returned to him by July 6, 2014)
(July 9, 2014, children were returned to Bundy. Daughter needed treatment for lice)
(July 10, 2014, met with BIA Social Worker Jesse Hunt concerning lice, bruises, and reports by children of physical abuse and gun under seat of truck. Bundy gave her full documentation, pictures, reports. Hunt took notes of what was said.)
(July 10, 2014, Bundy took children to Mercy where bruises were documented. Discharge report was given to BIA social services and tribal court.)
(July 11, 2014 – Mother called police dispatcher to say she won’t be picking up the kids that weekend.)
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July 11, 2014 – Document – 10 page statement by Bundy to the Spirit Lake Tribal court
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(July 29 court hearing?)
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July 15 or 16 – AUDIO TAPED – Judge Billy Dean Cavanaugh
– The judge says the court never got Bundy’s documents, med reports, 960’s. They need social services to send the documents.
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August 22, 2014 – AUDIO TAPED – Meeting with BIA Social Services Supervisor Fernanda Shay
– said documents are missing. Said visits have to continue. Shay tells Bundy to talk to the judge about the abuse and take strong evidence. Bundy needs to get the judge to order supervised visits if that is what he wants.
She also said Bundy has filed too many 960’s – and BIA Social Services will take the kids away if he and the mother keep filing 960’s. Shay seemed unwilling to actually investigate the situation and find out what is really going on. She seemed to just want the reports to stop.
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August 26, 2014 – Document – Additional Statement by Bundy to the court concerning BIA’s claim that his file – with its documentation – is missing. Abuse continues.
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This below, I was unsure about dates and he didn’t get a chance to clarify….
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August 29, 2014 – AUDIO TAPED – Meeting 1 with BIA Social Services Superintendent Bill McKie
– Said social services has to petition for supervised visits –Bundy can’t simply ask the court on his own for them.
Bundy responds that mother was told June 3rd that if there is more abuse, visits will be supervised.
McKie says Bundy has to give the mother her visits. He says there is no substantiation. McKie says, “Keep in mind we need “factual evidence” – physical, concrete evidence.”
McKie: “The court only made a recommendation. SW has to petition for supervised visits. And they won’t do it without physical proof.” The SW does not appear willing to investigate the allegations.
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August 29 – AUDIO TAPED – Judge Billy Dean Cavanaugh
Can’t find the judge or Patti the clerk – then judge comes in. He says he can’t get answers from Social services either. Judge says to get social services to recommend supervised visits and he will sign it.
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If anyone STILL has questions as to why abuse continues at Spirit Lake and other reservations, they only need to listen to this audio….
August 30 – AUDIO TAPED – Meeting 2 – BIA Social Services Bill McKie
– Bundy told him that the court wants recommendations for supervised visits from social services and they will change the court order.
McKie doesn’t appear willing – and seems to be accusing Bundy of having ulterior motive.
McKie appears to totally justify their lack of concern on the basis that Bundy has complained too much.
Finally says they will write a recommendation on Monday.
McKie appears to turns things around to blame the Dad. Also seems to attempt to threaten and intimidate, by telling Bundy he looks foolish and vindictive in his constant complaints – and that he has a “responsible position” and should think more about that before continuing with his complaints.
McKie also tells Bundy he is “obsessed” with the issue (protecting his own kids?) Tells him to take a different approach.
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CALL TO ACTION
A few people have asked what they can do to stand up for Bundy and continue what he started.
1. Bundy wanted these documents to be seen. He wanted to prove that Social services is not doing its job and needs an honest, genuine shake-up and change, not just fluffy talk and pretend. So – Please share his stuff so that the Media and Congressman in New York and DC can’t ignore it as they have been. Especially share this last audio, the longest one. It really shows the attitude of tribal social services and the BIA.
2. Senator Hoeven and Rep. Cramer were given this material the week prior to Bundy’s passing and have had time to look at it. Now we need to know now what they are going to do to push for genuine change in tribal social services. We don’t want more fluff talk and posturing from DC, the BIA, Casey family services or the ACF. We want the people of Spirit Lake to finally get some honest respect and real action.
So please call their offices and ask them what is going to be done to change tribal social services. Be persistent. Don’t allow anyone to snow you with nice words that are only meant to pacify.
Senator Hoeven: 202-224-2551
Rep. Cramer: 202-225-2611
Rep. Cramer was very good to call the BIA on the carpet in June. His office actually asked Bundy to testify at the hearing that month, but Bundy was nervous about the Custody battle and thought the tribal government might use his kids against him if he did that. That was very understandable – as many of us have seen that kind of thing happen.
We are very grateful to Rep. Cramer’s for what he did in June. He has been a hero doing things others have been too afraid to. But we can’t let our politician’s rest on their laurels. We want to know what Rep. Cramer’s next step is.
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
Chairman Don Young, Congressman Kevin Cramer, and other distinguished committee members, I want to thank you for this opportunity to address child protection and the justice system on the Spirit Lake Reservation.
My name is Elizabeth Sharon Morris. I am the widow of Roland John Morris, a U.S. citizen of 100% Minnesota Chippewa heritage who was born and raised on the Leech Lake Reservation, speaking only Ojibwe until he started kindergarten. I am the birth mother, grandmother, foster and adoptive mother to several enrolled or eligible members, and an aunt and sister-in-law to dozens. I was an accepted ICWA home for seventeen years.
I am also the Chairwoman of the Christian Alliance for Indian Child Welfare, a national non-profit founded by my husband and myself in 2004. CAICW represents children and families across the nation who have been hurt by federal Indian policy – most notably the Indian Child Welfare Act – and who, as U.S. citizens, do not want tribal government control or interference in their family’s lives.
Our interest in Spirit Lake stems from not only having been contacted by several Spirit Lake residents asking for our help and prayers, but from a very personal level as well. My husband’s 16-yr-old grandson was shot and left for dead in a field at Spirit Lake on July 26, 2013. To this date, no one has been charged for the attempted murder of my husband’s grandson.
Family members have their own story of what happened and who shot him, but just as with so many traumatic abuses happening at Spirit Lake, Leech Lake, Red Lake, White Earth, Pine Ridge, Standing Rock, Cheyenne River, Flathead Lake, Blackfoot, Warm Springs, and many other reservations – family talk is all there is. Violent crime goes often unreported, or when it is reported, nothing is done. While details of the shooting of my husband’s grandson remain unclear, the fact is that another child was hurt in the ongoing violence without anyone being charged for it – despite Spirit Lake being under the direct oversight of the BIA, FBI and U.S. Attorney. We look forward to and request an investigation into the real facts.
Drug and Gang Activity:
The family talk is that Jr. possibly stole drugs or money from his father, who is a member of a Minneapolis gang dealing drugs on the Spirit Lake Reservation. The two started physically fighting in the field, and family members report that Jr. was “getting the best” of his dad when he was suddenly shot. It is unclear whether it was his Dad or uncle who shot him.
Some might say that Jr., nearly an adult, asked for trouble. Others point out that his Dad is a member of a gang, selling drugs openly at Spirit Lake despite the ongoing presence of the BIA, FBI, and U.S. attorney – and that Jr. is another young person caught up in the climate of crime and violence so many children are threatened with in Spirit Lake and other reservations.
A 2013 ABC news article about gang activity on reservations reported:
“In the latest case, investigators said they were targeting a criminal enterprise that used intimidation and violence to maintain power. Prosecutors said the case was important not only because of its size, but because the racketeering charge is rarely used against gangs.
“The 2011 National Gang Threat Assessment called the Native Mob one of the largest and most violent American Indian gangs in the U.S., most active in Minnesota and Wisconsin but also in Michigan, North Dakota and South Dakota. It is made up of mostly American Indian men and boys, and started in Minneapolis in the 1990s as members fought for turf to deal drugs. The Native Mob is also active in prison.
“The Native Mob had about 200 members, with a structure that included monthly meetings where members were encouraged to assault or kill enemies, or anyone who showed disrespect, according to the indictment. Authorities said McArthur would direct other members to carry out beatings, shootings and other violent acts to intimidate rivals.”(KARNOWSKI, 2013)
Jr’s Dad was arrested and jailed for two days, but then released. As far as the Leech Lake family knows, nothing has happened since.
Misrepresentation of the Needs of Children:
So much for what many tribal leaders, along with their friends at the Casey Foundation, NARF and NICWA, glowingly refer to when they say family is the “single most important mechanism of [Ai/AN] culture.] (Cross, 1995a, p. 3) and separation most assuredly endangers the child.
It is these very organizations that, in our experience, are a huge part of the problem in Indian Country as they continually infer that leaving children in dangerous homes on the reservation rather than providing them with safety and stability is not only better for the children – but somehow an inherent need.
They advocate leaving defenseless children in dangerous situations, arguing that only tribal government truly knows what they need and can care for them. They have convinced society that interference is akin to child abuse on the rescuers part – and possibly even a form of genocide.
This argument is made even if the tribal government does not have a working system to care for the children. This argument is made so often and so forcefully that it is believed, even as real evidence shows to the contrary.
A July 12, 2013, commentary in North Dakota papers, attorneys rebuked a local politician’s outcry over the murder of Spirit Lake 3-year-old Lauryn Whiteshield. Rushing and Moddelmog stated, “studies showed that American Indian children who have been removed from their ethnic and cultural heritage often suffer a host of psychological and identity issues, not counting the damage caused by the initial removal.” (Moddelmog, 2013)
The study referred to by Mr. Rushing and Mr. Moddelmog, just as with a 2012 NPR series purporting to investigate ICWA abuse (Ombudsman, 2013), was seriously flawed and came to extremely questionable conclusions. Tribal government apologists claim that children of even minute heritage who’ve never lived anywhere near a reservation or with a tribal member are going to suffer identity issues, as if there is an inherent gene that makes these children different from any other. In some circles, that is referred to as “racism.”
Interestingly, without any concern for psychological effect, ICWA is frequently used to remove children from non-Indian homes that better reflect the cultural heritage they are most comfortable with (ethnicity does not determine cultural heritage) than a home on the reservation.
It is also often claimed that Native American children do not need to live “by European Standards.” In 2006, an attorney for the Tohono O’odham Nation of Arizona, in attempt to justify taking children from a home they loved and placing them in a potentially unsafe home with strangers, claimed in an Arkansas court that Native American children don’t need beds and are content sleeping on floors. (Morris, 2007)
That statement is not only offensive and insulting, but untrue. Again, as a mother and representative of many families, I can attest that most of the children we are connected to would prefer a bed over a floor. Sometimes in our family’s chosen poverty, our children have slept two to a bed – but they would rather that than sleep on the floor.
Rushing and Moddelmog conclude with a quote from Judge William Thorne that “more than 60 percent of American Indian children in non-native foster care who age out of the system “are homeless, in prison, or dead by age 20.” They neglected to quote comparison percentages for children raised in foster care chosen by tribal government. Further, these children were fostered due to abuse, neglect, or abandonment. Many suffer with fetal alcohol related issues. How can one assume the sole reason for struggle is due to non-native homes?
This line of reasoning appears to be believed even as it flies in the face of common sense. There is factually no DNA to make children need a particular heritage or upbringing. In fact, the Human Genome Project has proven that no separate classifiable subspecies (race) exists within modern humans. In other words, there is no genetic racial difference between a person of Indian heritage and a person of English heritage. There exists only familial genes for facial structure, hair texture, eye color, and similar individual traits. This means it impossible for any entity to know the emotions and needs of a child if they do not have active knowledge of or relationship with that particular child.
Therefore, there is nothing a tribal social worker inherently knows about a child simply due to the child’s ethnic heritage. This includes children of 100% heritage who have been raised totally apart from the tribal community. A qualified expert witness needs to be someone who has not only met the child, but has worked with the child, is familiar with and understands the environment the child has thus far been raised in, and has professional experience with some aspect of the child’s emotional, physical or academic health. This is far more important than understanding the customs of a particular tribe.
To believe that one group of children is inherently more comfortable with and accepting of less safety and security than any other group of children is the epitome of racism. Believing such things might make it easier for federal government officials to deal with the human crisis on many reservations, but it is not unlike the degrading claims made against persons of Jewish heritage as part of Nazi rationale for putting them in slums. It is shocking that these unfounded assertions are coming from tribal leaders and their supporters – the very people who claim to represent the best interest of U.S. citizens of Native American heritage.
This is a huge disservice to the well-being of children – including my own and those we represent – who are individuals, not tribal assets, and who have their own voices, feelings, thoughts, goals, motivations and needs – none of which appear to be described accurately by these entities.
As the birth mother to several children of heritage, I strongly attest that my children have needed and thrived on safety, stability, and love. Like most people, they have had some interest in the various heritages of ancestors, but there has been no inherent need to be raised within Native American culture any more than that of their German Jewish or Irish Catholic heritages.
As the chairwoman of an organization representing families across the country – I attest the same for the families we represent. Safety, security and love are the vital needs of their children.
Former ND Lt. Governor Lloyd Omdahl stated in a July 1, 2013 news commentary that ICWA is “sacrificing children to protect the heritage of the tribes.” This appears to be the case every time tribal sovereignty is used as the reason to keep a child in dangerous home rather than choose a non-tribal home. (Omdahl, 2013)
Lauryn Whiteshield of Spirit Lake is one example. Other examples around the country include:
1. A Detective in Bonney Lake, WA, was forced by ICWA social workers to leave a toddler he’d been raising at the home of suspected drug dealers. The child was forced to stay there about 6 months before he was moved somewhere else. (Belford, 2012)
2. Because social workers believed ICWA demanded it, the Rodriguez boys of California were taken from the home of Hispanic grandparents and placed with their maternal grandmother on the Ute Reservation – a woman who’d abused and lost custody of her own kids. Within three weeks, the oldest was permanently brain damaged from being beaten. (Smart, 2004)
3. Sierra McGaughey, who joined us in DC in February, 2013, told Congressional staff she was torn from a safe home outside the Leech Lake reservation at the age of nine and placed in a relatives’ home, where she was given to a man as a sexual partner. She begged to return to where she felt loved, but wasn’t allowed to until she tried to hang herself at age 16. (Tevlin, 2013)
These are just some of the many stories.
Quoting Mr. Omdahl, “It is time to take another look at the federal foster care and adoption policy that keeps Indian children in homes that threaten their well-being while safe homes are automatically ruled out.”
Changing Demographics:
Criminal elements have taken over whole communities on many reservations because state and county law enforcement can’t reach them as easily within reservations boundaries. Further, casino money on reservation land is more profitable, and money can be made with drugs on the reservation. As these criminal elements moved in, many non-criminal tribal members have purposefully taken their families and moved out.
According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country – and many, like our families, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system.
As a result, it isn’t just the lack of licensed foster homes plaguing Spirit Lake and other reservations – it is the inability to meet the mandates of the Indian Child Welfare Act in the form of safe, willing, relative homes. The lack of safe homes of relatives is what brings tribal governments to make placement in the homes of unsafe relatives.
– Thomas Sullivan concerning unsafe relatives:
Thomas Sullivan, Regional Administrator of the Administration of Children and Families in Denver, stated in his 12th Mandated Report concerning Spirit Lake to the ACF office in DC, February 2013:
“In these 8 months I have filed detailed reports concerning all of the following:
1. The almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders, at the direction of the Tribal Chair. These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.2. The 45 children who were placed, at the direction of Tribal Social Services (TSS), BIA social workers, BIA supervised TSS social workers and the BIA funded Tribal Court, in homes where parents were addicted to drugs and/or where they had been credibly accused of abuse or neglect. Since I filed my first report noting these placements, nothing has been done to remove these children to safe placements. I trust the Tribal Court, with the recent resignation of a judge who failed a drug test, will begin to be responsive to the children whose placements they oversee.
3. The 25 cases of children most of whom were removed from physically and sexually abusive homes based on confirmed reports of abuse as well as some who still remain in those homes. Neither the BIA nor the FBI have taken any action to investigate or charge the adults in these homes for their criminally abusive acts. Many, of the adults in these homes are related to, or are close associates of, the Tribal Chair or other Council members.
“Since I filed my first report detailing these failures to investigate, charge, indict, prosecute those adults, my sources and I have observed nothing to suggest this has changed. Those adults remain protected by the law enforcement which by its inaction is encouraging the predators to keep on hunting for and raping children at Spirit Lake.
“When was the last time the US Attorney indicted a child rapist at Spirit Lake? How many child rape cases from Spirit Lake has he declined to prosecute during the last 18 months? How many Spirit Lake child rape cases have been prosecuted during those same 18 months? (Sullivan, 2013)”
Why had NICWA, NARF, NCAI and the Casey Foundation – all of whom make a large amount of money off what we have begun to call the “Indian industry” – not noticed that these children were living in such dangerous circumstances? What action did they take to get these children into immediate safety? How many children on other reservations is this happening to?
JULY 2014 NOTE:
– An attempt appeared to be made to discredit Mr. Sullivan during the oversight hearing Jun 24, 2014. It was claimed, for example, that he had never been to Spirit Lake Reservation, or at the least, was there only once 6 years ago, when in fact he had been there 3 or 4 times in the last 4 years (See attached July 1st letter). It was further omitted that he’d attempted to go meet with members of Spirit Lake in August of 2013 at the request of said members, who attested he was the only one they trusted to talk to. But his superiors in DC refused his travel request. (See attached email correspondence between Mr. Sullivan and ACF Superiors.)
– On July 3, 2014, Mr. Sullivan sent a letter to his superior expressing disappointment that he had never been informed by ACF that he had been invited to testify at the oversight hearing on June 24, 2014. (See attached June 25th letter)
Many families who have consciously left the reservation system in order to raise their children in a healthier setting have also become – due to the Indian Child Welfare Act – overly burdened with the need to raise the children of extended family members who had not left the system.
ICWA has scared some of us into taking children into our homes out of fear of what will happen to them if we don’t.
We were one of those families, overwhelmed raising four troubled grandchildren along with our five, but retaining custody of the four out of fear of what the tribal government might do with them.
All four grandchildren in our home suffered from varying degrees of fetal alcohol as well as some crack exposure and desperately needed was a loving, therapeutic home of any heritage. The “race” of the home should have been irrelevant in the face of their need for structure and strong, nurturing guidance. They were not given that gift.
In early 2013, I was asked to take a niece’s child. I was first asked to take him when he was just a few weeks old but declined at the time. I received several more calls about him throughout 2013, and was finally called in December by an ICWA worker from Leech Lake. I was later told by a county worker that I was the last hope and if I didn’t take him, he would be placed in the home of a relative where another child had died. So, of course I considered taking the now 14 month old baby. But after lots of thought and prayer, I decided I just can’t go through that again – taking a child out of fear. It had been too emotionally difficult. So after being assured they would not place him in the home they had mentioned to me, that they would keep me in the loop as to what was happening and that I could always change my mind if things went south for him, I gave them the final answer “no.”
This is the ridiculousness of the current situation for many children of tribal heritage. The county as well as the tribal ICWA worker, in this case, were considering placing a baby for adoption with a 53-yr-old non-native widow (me), rather than allowing the child to be adopted by a non-native father and mother who were a healthy, twenty years younger, and actively looking to raise a child.
What all these children have needed – but weren’t allowed to have – was licensed, trained, loving foster or adoptive homes that were open and ready to take them.
Many children at Spirit Lake and on other reservations, like it or not, are suffering from drug and alcohol exposure and need the gift of homes that can deal with the complex issues that come with that. In our extended family, we have several fetal alcohol adults raising fetal alcohol children. There is no wonder so many in the community struggle. The effects of alcohol on the brain are well-documented in relation to impulsivity and fearlessness of consequences. It’s time to quit putting our collective heads in the sand, pretending all of today’s issues are totally “the white man’s fault”. There is a whole lot more going on than just that.
Frankly, many in our extended family and those we represent in our organization do not know what NICWA, the Casey Foundation and others are referring to when they claim “formal foster care services are still foreign to Indian culture” (Cross, 1995b, P. 3) – as if our children are locked in some time warp.
What some in the tribal elite describe as the emotional needs of children with Native American heritage do not reflect our children at all. If they are unable to accurately describe the needs, thoughts and feelings of our children, they are most certainly unable to speak for them.
Why are Tribal Governments doing this?
According to Chrissi Nimmo, assistant attorney general for the Cherokee Nation, in 2012 the Cherokee Nation alone had over 100 attorneys targeting about 1,100 active Indian Child Welfare cases involving some 1,500 children across the nation.
Across America, children who had never been near a reservation nor involved in tribal customs, some with extremely minimal blood quantum – as well as some with maximum quantum – have been removed from homes they know and love and placed with strangers chosen by tribal governments.
What has become apparent is that several tribal governments have made control over children paramount. The child’s best interest has become secondary to a belief that tribal government has an inalienable right to whatever child they deem “theirs.” Some tribal governments, once they have decided they want a particular child, appear to pursue that goal whether or not there is an appropriate home available. Once obtained, the child is placed with whomever is willing to take them.
Federal dollars are connected to the U.S. Census and tribal rolls and tribal governments benefit financially from increased membership.
– According to Jack C. Jackson, Jr., Director of Governmental Affairs, National Congress of American Indians, “…American Indians and Alaska Natives have a significant stake in the outcome of the 2000 census…A significant portion of this federal aid is based on the information collected in the census.” (Jackson, 1999)
– According to the Administration For Children and Families, “Tribal Child Counts – For funds that become available in FY 2008, ACF will calculate grant awards based on the number of children under age 13. A Tribe must submit a self-certified Child Count Declaration for children under age 13 (not age 13 and under), in order to receive FY 2008 CCDF funds.”…“Levels vary from year to year. Child count does not reflect the number of children who actually receive services.” (ACF, 2007)
– According to QUILT, “Originally, ACF used existing, nationally published data for children under 16 … as the basis for tribal child counts. The change to self-certified counts of children under 13 was challenging for many Tribes …the Child Care Bureau gradually implemented the self-certification process over a number of years. (Quilt, 2004)
It is common sense that abuse happens when you put a price on people’s heads. Abuse happens when humans are put in the position of chattel.
Our organizations experience with Spirit Lake:
1. A Spirit Lake grandmother sent us a picture of her little girl and said the girl is living in the home of a sexual offender and is being abused, but her attempts to talk to Spirit Lake tribal social services about it have been met with hostility. She faxed what appears to be some documentation from the off-reservation Devil’s Lake Police and social services in the past. (attached)
2. I attended the Spirit Lake town hall meeting in February, 2013, where one member after another stood up to tell the panel of tribal and federal officials tragic stories of abuse, and how they had tried to get tribal police, the BIA and the U.S Attorney to pay attention and do something. As they told their stories of continuing abuse of children, officials on the panel claimed that everything that can be done, has been done. “Investigations take time” U.S. Attorney Tim Purdon said over and over.
• Concerning the many reports of abuse that Sullivan had written to his superiors, U.S. Attorney Purdon claimed at the town hall meeting that Sullivan had “misrepresented the facts. Mr. Purdon failed to realize when saying this – that he was saying it to the very people who had been reporting the abuse to Sullivan.
• An elder got up at the end of the meeting and tried to tell the panel about abuse she had witnessed, but was shushed by the tribal chair and not allowed to speak. He said, “We all know your story already. Tell it to someone after the meeting.” He closed the meeting without her telling her story. As I rose to leave, I asked others around me what it was she had been trying to say. They said she had seen a 6-year old and 8-year old having anal sex on her front lawn. She called the police, but no one ever came to take her story. To that day at the meeting, law enforcement had never taken her story. The children were related to a council member. A few days later after the hearing, the children were seen on a school bus involved in another sexual act with each other. The tribal chair had stated that everyone knew her story. If so – why was nothing ever done?
3. In June 2013, we were asked to write about and post the story of 3-year-old Lauryn Whiteshield, who, under the BIA and US Attorney’s watch was murdered after having been taken from a safe home in Bismarck and placed with her grandfather, who was living with a woman known to abuse children. The woman abused both her and her twin sister and murdered this little girl within a month of her arrival. This case did get media attention in North Dakota, and as a result, the perpetrator was quickly arrested, tried, convicted and imprisoned all within five months. Jeanine Russell, the non-native foster mom for the surviving twin, was asked by the FBI to write and read a victim’s impact statement for the sentencing of Hope Whiteshield, the murderer of Lauryn. We were told she asked the judge to hold her accountable but also hold a broken system accountable. She talked about the lost life of a little girl but also how the federal governed allowed it to happen, and said ICWA can be an evil law when twisted to fit the tribes wants or needs. That said, Spirit Lake is just a microcosm of abuse that appears widespread in Indian Country. About the same this happened to these twins in North Dakota, the same thing was happening to twin boys in South Dakota. As of this writing, no one has been convicted for the murder of that twin boy, although we are told much evidence points to the father.
4. Two foster mothers have written to us, concerned for the Spirit Lake children they were caring for and asking for our help to keep those children safe.
5. A birth mother who is an enrolled member of Spirit Lake contacted us in June, 2014, asking for help as she prepared to go before tribal court.
6. A law enforcement officer connected to Spirit Lake, who asked to remain anonymous, contacted us just prior to the June 24th oversight hearing to tell us additional stories of abuse and his concern that in many cases, he and others have felt their hands were tied having to submit to whatever the tribal government wanted done with abused children or other victims.
It is impossible for us to wrap our heads around how and why this can continue to be allowed. How can our country – our government – stand by while a certain segment of children are routinely abused?
Our Congress didn’t stand by when the best interest of children in Russia was in question. Late Tuesday night, January 1st, 2013, the U.S. Senate unanimously passed S. Res. 628, expressing disappointment over a Russian law banning adoption of children by American citizens. Senator Inhofe, one of two Senate Co-chairs of the Congressional Coalition on Adoption, stated,
“It is extremely unfortunate and disheartening that the Russian Duma and President Putin would choose to deprive the children, the very children that they are entrusted to care for, the ability to find a safe and caring family that every child deserves…It is nothing more than a political play…that ultimately leads to greater hardships and more suffering for Russian children who will now be denied a loving family.”
CCA Members of Congress have also sent a bi-partisan letter to President Putin urging him to veto the legislation, stating,
“We fear that this overly broad law would have dire consequences for Russian children…Nothing is more important to the future of our world than doing our best to give as many children the chance to grow up in a family as we possibly can.”
Further, on June 30, 2014, U.S. President Barack Obama stated in a letter to Speaker John Boehner that the children crossing our southern border are an urgent humanitarian situation and the U.S. has a legal and moral obligation to make sure they are appropriately cared for.
That being the case, and Native American children already wards of the United States government, why has so little been done to alleviate the humanitarian crisis within our reservation system?
Cause?
We are told the cause of crime and corruption in Indian Country is poverty and “Historical Trauma,” and that additional funding will solve the problems. Yet, crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money.
Despite claims by tribal leaders and entities such as NICWA, NARF and Casey Foundation, our families don’t suffer from “Historical Trauma.” If my personal family were to suffer from any type of historical trauma, it would more likely be due to relatives dying in the Holocaust in Germany.
However, if any in my immediate family, other than my father who experienced it, were to exhibit trauma related to the Holocaust, it would likely be regarded as unhealthy. Prolonged, delayed, or otherwise unresolved grieving over a long period of time is considered unhealthy – even more so if the trauma occurred to someone else, was not witnessed by oneself, and didn’t even happen in one’s lifetime.
We further disagree with the offensive premise by many that low income is the cause of crime simply because some people with little income have committed crime. Persons with middle incomes and even extremely high incomes have been known to exhibit criminal behavior as well. Criminal intention comes from within the heart, not outside of it.
Lastly, tribal members are not permanently destined to be forever victims, forever in need of government assistance. The very suggestion is profoundly insulting and paternalistic.
We all have varied choices in how we live our lives. Interestingly, many of U.S. citizens of Native American heritage have purposefully chosen not to live under the auspices of tribal and federal government – nor in the limited “cultural” box defined by entities such as NICWA, NARF and the Casey Foundation – despite the many attempts by these organizations to close people into that box.
It is often hard to hear the true voices of many tribal members. If there is one thing that seems to run culturally, it is the choice to remain relatively silent in the face of tribal government corruption. But social media has been opening people up across the nation. Note this public Facebook post by a tribal member on Friday, June 27, 2014. It is similar to what our organization hears from affected people every day…
Leech Lakers Unite
Good evening to all of you. Thank you for all your comments. There are many issues that seem so fixable if we would have one person willing to stand up and be the voice for the people and lead by example at the RBC level. We all see and know of individuals who are using company cars for their personal use. Driving their families and friends around. Yet even when employees are not held accountable for killing with tribal owned vehicles our infamous RBC still allows some to drive company vehicles. The white laws are the only ones holding these men accountable. Where is a public apology to these families from our leaders. Robbie Howe now wants severance huh? She already got her severance when she got paid for not coming to work. If she gets one, you can thank our so called leaders for that. We hear she is sick and if this is the case and it stopped her from performing her daily job functions she should have stepped down and our joke of a Chair, Carri and Secretary/treasurer should have asked her to step down. Here they come, Archies crew. Mike Myers, non band member. Randy Finn and Frank Bebeau, another non band member who has never won a single case for Leech Lake EVER! Yet has Archies loyality. It will never change people until you demand more out of of so called leaders. Vote count was lower and bravo to all of you who made a statement by not voting in someone you dont believe in. You should check and see if your name was used illegally just in case.
The facts are:
1) According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country – and many, like our families, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system.
2) The abuses at Spirit Lake in North Dakota are well known, but it is also known that Spirit Lake is just a microcosm of what’s happening on many reservations across the country.
3) Gang activity involving drugs is heavy and rampant on many reservations. There are children dying within Indian Country whose names don’t make it to the media – and for whom justice is never given.
4) These abuses are rampant on many reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.
5) Many, many times more children leave the reservation system in the company of their parents, who have mass exited – than do children who have been taken into foster care or found a home in adoption. But tribal leaders can’t admit many parents are consciously taking their kids out of Indian Country in attempt to get them away from the reservation system and corrupt leaders. It makes a better sound bite to blame it on evil social services
It’s time to stop listening to those with a vested financial interest in increasing tribal government power, and learn more about the physical, emotional, sexual and financial abuse of tribal members by other tribal members and even many tribal leaders.
Every time power to tribal leaders is increased, tribal members – U.S. citizens – are robbed of civil freedoms under the constitution of the United States.
More power given to tribal leaders means less freedom and constitutional rights for tribal members. Equal Protection, for example, is a constitutional right.
To better protect children, we need to:
A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.E. Include well defined protections for Adoptive Parents.
F. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.
G. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”
Read more detail and citations for these points in the attached document, “To Better Protect the Children.”
It is time for balder-dash to end and genuine concern begin.
Thank you again for your patience and willingness to hear our concerns.
Elizabeth Sharon Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
administrator@caicw.org
References:
ACF. (2007). Tribal Child Counts. Washington DC: Child Care Bureau, Office of Family Assistance. Log No: CCDF-ACF-PI-2007-02
Belford, D. (Director). (2012). Life with James [Video Clip].
Benedict, J. (2000). Without Reservation. New York: Harper.
Cross, T.L. (1995a). Heritage & helping: A model curriculum for Indian child welfare practice, Module II: Protective services for Indian children. Portland, OR: National Indian Child Welfare Association.
Cross, T.L. (1995b). Heritage & helping: A model curriculum for Indian child welfare practice, Module IV: Family-centered services for Indian children. Portland, OR: National Indian Child Welfare Association.
In re SANTOS Y., B144822 (Cal. App. 4th, Second Dist. Div. Two July 20, 2001).
Jackson, J. C. (1999, February 12). Director of Government Affairs. (U. C. Rights, Interviewer) Retrieved from Jack C. Jackson, Jr., Director of Governmental Affairs, National Congress of American Indians, Statement on the importance of an accurate census to American Indians and Alaska Natives, before the U.S. Commission on Civil Rights, Washington, D.C., http://www.ncai.org/ncai/resource/documents/governance/cvrightcensus.
KARNOWSKI, S. (2013). Feds Say Native Mob Gang Dented but Work Remains. Minneapolis: ABC News.
Kershaw, S. (2006, February 19), Tribal Underworld: Drug Traffickers Find Haven in Shadows of Indian Country, New York Times
Lawrence, B. (2007). Publisher. Native American Press/Ojibwe News.
Moddelmog, T. R. (2013). Rebuttal. Grand Forks: Grand Fork Herald.
Morris, E. (2007). VIEWPOINT: Law could tear children from a ‘tribe’ they love . Grand Forks: Grand Forks Herald.
Morris, Roland John. (1998). Testimony before the Senate Select Committee on Indian Affairs. Seattle: Concerning Tribal corruption and Jurisdiction.
Morrison, S.K., (1998), Testimony before the Senate Committee on Indian Affairs on tribal sovereignty and tribal courts, Choctaw Attorney; Wilburton, Oklahoma;
Omdahl, L. (2013, July). Commentary by Former ND Lt. Governor. Grand Forks: Grand Forks Herald.
Quilt. (2004). Child Counts. Warm Spring: NCCIC. http://www.nccic.org/Tribal/effective/warmsprings/childcounts.html
Smart, P. M. (2004). In Harm’s Way. The Salt Lake Tribune.
Sullivan, T. F. (2013). 12th Mandated Report. Denver: ACF.
Tevlin, J. (2013, February 12). Tevlin: Sierra shares lessons on Indian adoption. Retrieved from StarTribune.com: http://www.startribune.com/local/190953261.html?refer=y
SD: Indian Foster Care 1: NPR Investigative Storytelling Gone Awry
National Public Radio Ombudsman – August 09, 2013
My finding is that the series was deeply flawed and should not have been aired as it was. Also: S. Dakota Indian Foster Care 2: Abuse In Taking Children From Families?: http://www.npr.org/blogs/ombudsman/2013/08/09/186943868/s-dakota-indian-foster-care-2-abuse-in-taking-children-from-families?ft=1&f= Also: S. Dakota Indian Foster Care 3: Filthy Lucre: http://www.npr.org/blogs/ombudsman/2013/08/09/186943952/s-dakota-indian-foster-care-3-filthy-lucre Also: Indian Foster Care 4: The Mystery Of A Missing $100 Million: http://www.npr.org/blogs/ombudsman/2013/08/09/209282064/s-dakota-indian-foster-care-4-the-mystery-of-a-missing-100-million Also: S. Dakota Indian Foster Care 5: Who Is To Blame For Native Children In White Homes?: http://www.npr.org/blogs/ombudsman/2013/08/09/209528755/s-dakota-indian-foster-care-5-who-is-to-blame-for-native-children-in-white-homes Also: S. Dakota Indian Foster Care 6: Where It All Went Wrong – The Framing: http://www.npr.org/blogs/ombudsman/2013/08/09/203038778/s-dakota-india
Full NPR Ombudsman Report: http://www.scribd.com/doc/159252168/Full-NPR-Ombudsman-Report-South-Dakota-Foster-Care-Investigative-Storytelling-Gone-Awry
http://www.npr.org/blogs/ombudsman/2013/08/09/186943929/s-dakota-indian-foster-care-1-investigative-storytelling-gone-awry
Attached:
A Pilot Study of Compliance in North Dakota, (December 2000) by NICWA and Casey Family Programs
BIA ICWA Guideline Changes (April 30, 2014) by Elizabeth Morris
Documents from a Spirit Lake family asking for help with Granddaughter (2013)
Domestic and Sexual Violence outside the Reservations in North Dakota get lots of attention from the ACF. (September 2013) Email Correspondence between ACF Officials
Feds Say Native Mob Dented, but Work Remains (2013), by Steve Karnowski
Routine Cruelty (2001), by Thomas Sowell
Testimony of Roland John Morris Sr. before the Senate Committee on Indian Affairs (1998) – Concerning tribal corruption and jurisdiction
Tom Sullivan’s attempt to go to Spirit Lake, (August, 2013) – email correspondence between Tom Sullivan and his DC Superiors
Tom Sullivan’s Response to Chairman McDonald’s Hearing Testimony (June 25, 2014) by Thomas Sullivan, Regional Director of the Administration for Children and Families
Tom Sullivan’s Response to ACF Superior Ms. McMullen, (July 1, 2014) – by Thomas Sullivan, Regional Director of the Administration for Children and Families
To Better Protect the Children, by Elizabeth Morris
Numerous letters of pain from Families across the U.S.
———- Forwarded message ———-
From: Sullivan, Thomas (ACF)
Subject: Criminal Corruption Reaches New Heights at Spirit Lake
To: “Mcmullen, Marrianne (ACF)”
Cc: “Greenberg, Mark (ACF)”
Ms. McMullen:
One month ago I wrote a four page email documenting the level of control exercised by the criminally corrupt at Spirit Lake.
This was not the first time I had raised their control over events at Spirit Lake. Almost two years ago, in my First Mandated Report, dated June 14, 2012, I quoted favorably from a letter composed by former Tribal Judge Molly McDonald who had written, “I grew up on this reservation and witnessed many acts of violence and abuse. This is normal to us. Our tribe has adopted this as a way of life, violence and hopelessness. When does the cycle end?…The abuse is reported but nothing is done by Social Services or Law Enforcement. Where do we go from there?…. Please consider that if an investigation had been done, many children could have been saved from further abuse, and possibly, they would have been alive today…..our tribe is attempting to cover up these issues that plagued our reservation for many years……Whatever picture our tribal council or chairman want to paint, it simply is not the case. There is a dire need for professionals …that know their boundaries and will not overlook issues at the request of Tribal Council.”
When former Tribal Judge McDonald wrote that letter in the Spring of 2012, the criminally corrupt controlled the levers of power at Spirit Lake. They still do. Now, however, after going unchallenged by anyone in authority for so many years, they may have gone too far for most responsible people.
In item # 2 in my December 19, 2013 email to you I referenced the allegation that a 13 year old little girl was being raped by a known sex offender, that this had been reported to the Tribal Chair and Council, BIA and Tribal law enforcement. The child’s non-custodial father was told by the BIA that they would not be able to investigate this allegation for another thirty days at the earliest. I have periodically referenced this child’s situation in my subsequent emails to you. To my knowledge, more than 6 months after this allegation was first reported to the BIA, no investigation has yet been conducted. This is how innocent victims are treated at Spirit Lake! Would such a failure to investigate these allegations, to stop the abuse and to protect the innocent victim be tolerated in Devils Lake, ND, the nearest off reservation majority community?
Clearly the criminally corrupt do not control Devils Lake. Even though the alleged rapist, referenced above, resides on the Spirit Lake reservation, the State’s Attorney for Ramsey County (Devils Lake is the county seat for Ramsey County) has obtained four felony indictments against this man for child abuse, endangerment for actions he engaged in off the reservation in Ramsey County. My sources and I suspect these indictments are for child sexual abuse but have not thus far been able to obtain confirmation of our suspicions. Nevertheless, these are felony level charges involving the abuse of a child. I believe most thinking adults, knowing this, would consider those to be serious charges. This is not an opinion held by the Spirit Lake leadership because they are refusing to allow this alleged rapist of a 13 year old little girl, the subject of four felony indictments involving child abuse, to be extradited to Ramsey County.
Apparently this is how it works at Spirit Lake: the allegations of little girls who report they are being raped are ignored while their alleged rapists the subject of four felony indictments for child abuse is shielded from the law. If this isn’t a new extreme in criminal corruption what is?
Thomas F. Sullivan
Regional Administrator, ACF, Denver
Wait… whoops… I am so SO sorry! That’s NOT what he said today… rats, that’s the wrong story. It’s from a June 3rd article about the surge of immigrant children from Central America
So, so sorry. I’ll find an article describing President Obama’s speech at Standing Rock… I am certain he will have said the same thing – citing the same urgency. Certainly, I am sure of it…
I mean – there wouldn’t be a contradiction in what feds and tribal officials claim to be absolutely necessary for NA kids – as opposed to what is absolutely necessary for Central American kids, right?
Quoting the June 3rd article – “More than 90 percent of those sheltered by the government [were] driven north by pervasive violence and poverty in their home countries. They are held in agency-contracted shelters while a search is conducted for family, a sponsor or a foster parent who can care for them through their immigration court hearings, where many will apply for asylum or other special protective status…
“Rampant crime and poverty across Central America and a desire to reunite with parents or other relatives are thought to be driving many of the young immigrants.”
Quote another article — “The children, mostly teenagers from Central America, are among the more than 47,000 unaccompanied minors taken into custody at the border since October. Fort Sill is one of three facilities where the children are being held. The others are in Texas and California.”
————-
Friends – we need to know why rhetoric is constantly spewed as to how NA children will suffer from separation from Indian Country – and how they are “resilient” – able to withstand untold abuse and stress because they aren’t like those soft “European” children…yet – we are assured that the kids from Central America WILL suffer and die if returned to their native home.
We need to hear from every tribal official and Congressman as to why it is okay to warehouse children from Central America (non-US citizen) in military facilities, with plans to eventually put them in foster homes (with “Sponsors”) – rather than immediately reunite them with their “culture and extended family” in Central America.
(Tribal leaders, explain to us. Why is a warehouse better for them then their ancestral home?)
Or – tell us the reverse – why it is okay to force Native American (US citizen) children to live amid rampant crime and corruption – with known abusers and sexual offenders, instead of allowing them to live in homes off the Rez that they know, love and feel safe in. I’m not even talking warehouses – but real homes and families.
Why are we spending millions of dollars to keep many NA kids IN dangerous and abusive environments – while at the same time spending millions of dollars to warehouse CA children to keep them OUT of dangerous and abusive environments.
(I am actually thinking we have a flipped thing going on here. It makes a LOT more sense to repatriate non-US citizens with their home land and allow their government to see to their care, than it does to force US citizen children with no connection to tribal government onto a reservation where many have never been before.)
Make up your collective federal mind – and have one policy – an “Equal Protection” – concerning the safety and welfare of children.
http://latino.foxnews.com/latino/politics/2014/06/03/extra-14-billion-needed-to-care-for-flood-migrant-children-crossing-border/
.
To: Various Legislative Staff – 1:33 PM
I am forwarding to you a letter written today by Administrator Tom Sullivan. I was aware of an 8-month-old passing away last week at Spirit Lake, but this was the first I heard about the newborn.
We are very distressed by this letter. What it says is beyond comprehension.
Some of whom I am writing to are genuinely concerned. Others don’t appear to be or don’t believe he is telling the truth. Yet – more than a few independent media reports have come out over the last couple years verifying and supporting exactly what Mr. Sullivan says is happening.
An April 28, 2014 report from the Associate Press notes new FBI statistics that show the “Navajo Nation [pop. 180,000] saw a sharp increase in the murder rate in 2013 and finished the year with 42 homicides, eclipsing major metropolitan areas like Seattle and Boston.” It said the 42 people killed “surpassed 40 in Boston and 32 in Seattle, both cities with populations of more than 600,000.”
No mention of how many of those in the report were below the age of 18. We won’t hazard a guess.
People – we are talking about children. We realize how difficult the problem is. But we are talking about children. Shame on all those who continue to cover up horrific crimes happening on reservations all over the U.S. simply because standing up to a tribal government complicates their jobs or reelection opportunities. We are talking about children.
Our org and many others will not go away until ALL children in the United States – no matter their heritage – are afforded safety, respect, love, and equal protection. Our government must quit treating children of tribal heritage as if they are worthless, expendable political pawns.
Our children are U.S. citizens first and foremost, and have constitutional rights. Begin to recognize that. We are not going away.
Regional Administrator Sullivan’s letter –
———- Forwarded message ———-
From: Sullivan, Thomas (ACF)
Subject: Criminal Corruption continues at Spirit Lake
To: “Mcmullen, Marrianne (ACF)”
Cc: “Murray, James (ACF)”
Ms. Mcmullen:
The criminally corrupt remain in charge at Spirit Lake. By this I mean that whenever a decision is to be made where there is a choice between the welfare and safety of children and the welfare and safety of abusers, rapists and sodomizers, the latter always seem to prevail. This is evidenced by the following eleven facts:
1. In the first week of February, 2014 the Spirit Lake Tribal Council fired Spirit Lake Associate Judge Jennifer Cross. Former Judge Cross had apparently incurred the wrath of the Council by several decision she had rendered during the prior few weeks, decisions to remove children from the homes of convicted rapists and abusers. These rapists and abusers went to the Council and prevailed on them to fire Judge Cross. They did. The Tribal Chair and another council member opposed this action but they were outvoted. The Chair does not normally vote unless there is a tie vote. How does this action of the Tribal Council contribute to the welfare and safety of Spirit Lake children?
2. The reason given by the Tribal Council for the termination of Judge Cross’ employment was that she had not passed the Bar. Judge Cross is a graduate of an accredited Law School and had been preparing for the Bar exam when fired. I understand the current Chief Judge of the Spirit Lake Tribal Court has taken and failed the state bar exam on two different occasions. Judge Cross’ replacement on the Tribal Court has only a high school diploma, no education beyond high school. How will the replacement of Judge Cross with this man contribute to the safety and welfare of the children of Spirit Lake?
3. After Judge Cross was fired these same families asked the Chair and Council to return the children who had been removed from their homes. One of those former foster parents, a twice-convicted rapist, was overheard outside the Council chambers telling the BIA Spirit Lake Superintendent how to handle the paperwork returning the two pre-teen girls back into his full time care and custody by placing only his wife’s name on those documents and keeping his name off of them. How does the placement of these pre-teen girls back into the home of a twice-convicted rapist contribute to their safety and welfare?
4. When Judge Cross applied to the Tribal Chair and Council for reinstatement, she was told by Councilwoman Brownshield, in an open meeting of the Council, “I don’t agree with your decisions.” All the other Council members nodded their heads in agreement. The Tribal Chair spoke on behalf of Judge Cross being retained. Since the vote was 4 to 0 against Judge Cross the Chair did not even have an opportunity to vote. Has this Tribal Council adopted a policy that they will fire any tribal employee who takes actions inconsistent with their desires? How does such a policy contribute to the welfare and safety of the children of Spirit Lake? How will such a policy effect the willingness of competent, qualified staff to come to Spirit Lake to work under such uncertainty?
5. One senior tribal official told me that several years ago former Tribal Social Services (TSS) director Kevin Dauphinais left two children at his home. They were a 4 year old girl and a 2 year old boy who, according to Mr. Dauphinais, needed a place to stay for a few days. They are still in that home. It was immediately obvious that both required medical attention. Subsequent review at the Grand Forks Advocacy Center (GFAC) revealed that the little girl had been being raped by her biological father. When the mother learned this, she kicked the bio dad out of their home. Shortly thereafter the bio mom brought a live-in boyfriend into that home. The live in, soon after arriving in that home, sodomized the 2 year old boy and fled the home immediately. Both BIA law enforcement and FBI were on hand at the GFAC when the rapes and sodomy were confirmed. In the intervening several years there has been no investigation of these sexual assaults on these two little children. There has been no prosecution of these monsters who sexually assaulted these two children. These monsters remain free to walk the streets of their communities, raping and sodomizing little children with no apparent fear of prosecution or imprisonment. I understand no rehabilitative services have been provided to these children to help them overcome the trauma they suffered. How does acting as though nothing bad has been inflicted on these two children contribute to the welfare and safety of children at Spirit Lake?
6. Even though it has been almost four full weeks since the four of you returned from your brief “fact-finding” visit to Spirit Lake, I have yet to see a report of your findings. I am going to receive a copy, aren’t I? I was deeply disappointed to learn from my sources and others who you met with that you had an exceptionally “rosy view” of conditions at Spirit Lake and that you really did not wish to hear any details about the abusive conditions many children have been placed in there, where they are available to be raped and tortured on a daily basis, and the failure of all supposedly responsible adults whether in positions of responsibility in tribal, state or federal government agencies, advocacy groups, religious leaders or the media to stop the carnage. If that is “fact-finding” as you define it, that is most unfortunate. How your “rosy view” and how your refusal to listen to the factual details about the continuing abuse and rape of children contributes to the safety and welfare of those children of Spirit Lake escapes me. May I ask how all of you arrived at the conclusion that your “rosy view” of Spirit Lake was a more accurate descriptor of conditions there than the detailed facts provided to you by my sources and I? What information did you rely on to reach your “rosy view”? Who provided that information? If that information is in written form, may I see a copy of it? How were you able to substantiate the accuracy of that information? How does your “rosy view” of conditions the children of Spirit Lake have been placed in contribute to their welfare and safety? Doesn’t that “rosy view” just spread a little powder and perfume around to cover up the stench emanating from the homes where these Spirit Lake children are available to be tortured and raped daily?
7. In my Tenth Mandated Report I provided detail about the father who was found by the local police in a Devils Lake motel naked in bed with his then 10 year old daughter who was also naked. The Ramsey County Attorney investigated that allegation in my Report and brought an indictment against the father for a class two felony of Gross Sexual Imposition. I find it fascinating that a county attorney receiving a single report from me is able, with only limited resources as compared to those available to the FBI, US Attorney and the BIA, to investigate and indict on facts made available in one of my Reports. There are hundreds of comparable allegations made in my thirteen Mandated Reports which fall into the jurisdiction of the FBI, US Attorney and the BIA. How odd that not one of those resulted in an arrest, indictment or tribal warrant! How does one justify your “rosy view” under these circumstances? How does one explain such gross failures by federal law enforcement?
8. I understand from my sources that you clearly stated that you are drawing a line in the sand in order to restrict the issues you will deal with to those occurring after your brief “fact-finding” visit to Spirit Lake. That means that the hundreds of those children who were placed on the orders of the prior tribal chair in homes with those who neglect, abuse and rape will be ignored in any future efforts at Spirit Lake. This also means that nothing will be done to find those dozens of children who have simply disappeared from the reservation, perhaps trafficked into the Bakken oil field man camps or into other forms of sexual slavery. This also means you will do nothing to help those parents who have been caring for undocumented children without any pay for at least two years and who now will be left to fight the county, state and tribal governments to get the papers allowing them to register these children in school, qualify for Medicaid, etc.. This also means that those young children who have been professionally evaluated, identified as being subjected to unspeakable physical and sexual abuse and who have been prevented from receiving necessary rehabilitative services by the tribal Council will continue to be ignored. Nothing will be done for them to help them to heal! How does leaving all of these Spirit Lake children behind, ineligible in your universe to receive any services, contribute to their welfare and safety? It is clear that your line in the sand will cast a broad, protective net over all those abusers and rapists who have had their way with the children of Spirit Lake for years and, in your universe, will continue without any fear of exposure, prosecution or imprisonment for their prior abuse, rape and torture of these children. Sounds like amnesty to me. By whose authority have you declared that amnesty?
9. It is my understanding that all of you have passed the word to your staff, grantees and contractors that nothing negative about conditions at Spirit Lake will be tolerated in any reports, etc. submitted to you. How sad. Children are in the full-time care and custody of predators available to be raped daily and you are whitewashing any report you get that factually describes conditions at Spirit Lake so no one’s sensibilities will be offended by any word contrary to your “rosy view”. How does such a cover-up contribute to the safety and welfare of the children at Spirit Lake?
10. The Spirit Lake Tribal Chair at a General Assembly meeting on April 29, 2014 in Fort Totten rebuked a local TV reporter for reporting on the death on Thursday, April 24, 2014 of an 8 month old who, reportedly, choked to death on a baby bottle. The reporter was excluded from the meeting as well by the Chair. Unpleasant news is never easy to handle but attempts to cover up such unpleasantness have, in my experience, lead to even more unpleasant publicity. At the same meeting one Tribal Council member tried to ban one of my sources from the reservation. No vote was taken on this matter that evening. It is intriguing that within the space of a few weeks’ time, we have conditions at Spirit Lake described in terms of a “rosy view”, I hear of an organized federal effort to stop any negative publicity about Spirit Lake and the Tribal Chair and Council openly speak of silencing the media and my sources. What a coincidence! Or as a poster I saw recently proclaimed: “Sometimes a coincidence is a plan in disguise.” Whether all of this is a plan or just a coincidence, please tell me how does any of it contribute to the safety and welfare of the children at Spirit Lake?
11. Facts do have a way of interfering with stories that are false. Within the last week, I understand there have been two infant deaths at Spirit Lake. The first was on April 24, 2014 when an infant boy, eight months old, choked to death on a baby bottle. On Tuesday, April 29, 2014, I understand, an infant less than a week old was found dead in his home in Fort Totten. This child had been born in Minot and had been brought home to Fort Totten by his 17 year old mother over the weekend. Dead bodies of infants are difficult to sweep under the rug, especially when there are two of them in five days. It is difficult to maintain that “rosy view” under these circumstances. Reports can be manipulated, if that is your intent. The press can be intimidated and people barred, if that is your intent. If you are able to do all of that, you are still left with two dead babies, hundreds of children in the care and custody of abusive and predatory biological and foster parents, available to be raped or tortured daily and dozens of children who have simply disappeared from the Reservation. What will your “rosy view” and all the rest of your efforts to minimize any discussion of the harsh conditions these children are living in contribute to the safety and welfare of these children?
How many more Spirit Lake children will never grow up because of this continuing criminal corruption? How many more Spirit Lake children will grow into adult lives of severe dysfunction as a result of the abuse, rape and torture imposed on them by the criminally corrupt?
Thomas F. Sullivan
Regional Administrator, ACF, Denver
—
Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 460
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org
Twitter: http://twitter.com/CAICW ( @CAICW )
Facebook: http://www.facebook.com/fbCAICW.org
First Published May 2, 2014 by the authors
Quote from Author:
“This is a PODCAST INTERVIEW with a South Dakota family that was torn apart by the court system. These children have not seen their foster parents since November 1, 2013. The State of South Dakota put these children into a home on the reservation where they we HEAVILY ABUSED, MOLESTED, AND NEGLECTED!!!
This video is in NO WAY ANTI-TRIBE PROPOGANDA. . . Our page (the Angel page) was started by Randal Bohn, a 18 year old member of the Yankton Sioux Tribe.”
While we appreciate most efforts do something to address the severe abuse and neglect occurring on many reservations, we do not believe NICWA is willing to address the core of the problems. “Raising awareness” by sending packets to ICWA offices isn’t going to change anything – and hasn’t to date.
Further, continually blaming non-Indians – from past, present and future – will never stop child abuse. It is more likely to increase the abuse, because it allows abusers to play the victim and point the blame at someone else. As long as an abuser never has to take personal responsibility, they have no reason or impetus to change.
Reading the information NICWA has put on the website concerning their minor efforts to combat child abuse – while at the same time spouting additional misinformation and blame – it appears to be nothing more than a “fluff” effort – a show of effort – rather than a real effort to help children.
http://www.nicwa.org/child_abuse_prevention/
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February 2013, CAICW attended a Spirit Lake town hall meeting where one member after another stood up to tell the panel of tribal and federal officials tragic stories of how they tried to get the tribal police, BIA and U.S Attorney to help. But criminals continue to roam unchallenged. As tribal members told of continuing abuse of children, officials claimed everything that can be done has been done. “Investigations take time” U.S. Attorney Tim Purdon said over and over.
Tom Sullivan, Regional Administrator of the Administration of Children and Families in Denver, had written report after report to DC detailing the abuse and number of children who’d been removed from safe homes off reservation and placed into dangerous homes – even homes of sexual offenders – at Spirit Lake. At the town hall meeting, Purdon claimed Tom Sullivan “misrepresented the facts.
Yet, while Spirit Lake was under oversight of the BIA, FBI, and Purdon in 2012 and 2013:
• An elder witnessed two young boys doing something unspeakable on her lawn, but despite her many attempts to report it – it was ignored by tribal & federal authorities. The boys are related to a councilman.
• 3-year-old Laurynn Whiteshield was placed in a relative’s home where she was beaten to death in June, 2013.
• Roland Morris’s grandson was shot and left for dead at Spirit Lake in July 2013. No one has been charged, though it is common knowledge he was shot over drugs by relatives who are part of a Minneapolis gang.
In Tom Sullivan’s 12th Mandated Report to the ACF office in DC, February 2013, (https://caicw.org/wp-content/uploads/Twelth-Mandated-Report-Concerning-Suspected-Child-Abuse-on-the-Spirit-Lake-Reservation.htm). he stated:
“In these 8 months I have filed detailed reports concerning all of the following:
– The almost 40 children returned to on-reservation placements in abusive homes, many headed by known sex offenders… These children remain in the full time care and custody of sexual predators available to be raped on a daily basis. Since I filed my first report noting this situation, nothing has been done by any of you to remove these children to safe placements.
– The 45 children who were placed, at the direction of Tribal Social Services (TSS), BIA social workers, BIA supervised TSS social workers and the BIA funded Tribal Court, in homes where parents were addicted to drugs and/or where they had been credibly accused of abuse or neglect…
“…Those adults remain protected by the law enforcement which by its inaction is encouraging the predators to keep on hunting for and raping children at Spirit Lake.