Sep 142013
 
Washington DC, January 2011

Yes, Veronica, there may be no Santa Claus, but there is a God and there is work being done to amend ICWA.

Washington DC, February 2013

Washington DC, February 2013

Some very kind, concerned supporters of justice have begun a petition to amend the Indian Child Welfare Act. We appreciate the effort very, very much.   But after having been urged several times to act on the petition, I need to explain why we an’t work on the petition.

Many of our newer friends are unaware that draft legislation to amend the ICWA has already been written and presented to various Congressmen.   I am a little afraid of possibly a conflict in wording or goals.

This legislation was written by one of the best ICWA attorneys in the nation and introduced by the Coalition for the ‘Protection of Indian Children and Families’ to legislative offices last summer, 2012.  The ICWA attorney based his wording on the primary reasons families are coming to him for help – the most noted issues with how ICWA was hurting children and families.

It has been on somewhat of a hold during the Veronica proceedings.  Well… actually, the hold was only meant to be until the United States Supreme Court had ruled.  Congressmen needed to know what the Justices had to say about the case before they could move forward further with the bill.

The court has ruled – but these last two months have been nuts, taking everyone’s time and energy.  Further, Congress recesses in August.

BUT – it is now September.  Thank you all for the reminder concerning the legislation.  According to attorney’s I have consulted – because no real resources of our organization are being spent or used on the legislation – and because I don’t get paid by CAICW but am entirely volunteer, there isn’t much concern about my discussing it a little bit.

So it is time to get back into the saddle with the legislation. I will be rolling up my sleeves and leaving for DC as soon as I put various things in order here at home – hopefully within the next couple weeks.

For your information, here is the amendment wording as it stood last summer.  There MIGHT be changes made following the Veronica events. I can’t say for certain as I am not an attorney.  But this is what we stood on last summer.

 ICWA Amendments 11-11-12

 

PLEASE join us in urging your Congress members – as well as the President – to change ICWA.

 

Washington DC, January 2011

Washington DC, January 2011

 

 

 

Keep Dissing Non-Indians. It brings more people to our site, frightened for their kids ~

 Comments Off on Keep Dissing Non-Indians. It brings more people to our site, frightened for their kids ~
Sep 132013
 
Beth, September 1987
3 enrollable kids

3 eligible kids, happily living with family outside of control of “Indian Country,” without “Split Feather.”

NEWS FLASH:  MOST children targeted by ICWA are multi-racial. Statements by ICWA supporters that Non-members have NO RIGHT to speak about the Indian Child Welfare Act are born of prejudice and delusion …. and are terrifying people.

These statements are made as if hundreds of thousands of enrollable children across the United States do NOT have  non-member birth parents currently raising them successfully – and non-native extended family.

Hello? EVEN VERONICA was born of a non-member mother.  Hello? Veronica has a maternal grandfather who is 100% Hispanic.  What is he, chopped liver?

IMPORTANTLY – – when people make the statement that non-members have no right to speak – what they are saying is that I don’t have a right to speak up for my own kids.   If people don’t think I have any right to speak up about how ICWA works, despite the rhetoric from their own mouths that any enrollable child is “THEIR” child (which would include my children and grandchildren) – and the Tribal Industry claims of potential jurisdiction over MY OWN KIDS and grandkids – – THINK AGAIN.

Like a mother bear, I become even more determined to fight back against those threatening my family.  I become even more determined to fight back against hate-filled people who assume they know my children better than I do – and more determined to fight to my death (yup) to DESTROY this horrendous, unconstitutional, racist, hateful, prejudice, child-stealing law called ICWA.  It is rhetoric like that that fuels me.

Keep it up!  Keep claiming that birth parents and extended family of hundreds of thousands of enrollable children don’t matter at all.  You are doing my work for me – angering almost every non-native family member across the United States. (excepting for non-native family members who have bought the Tribal Industry rhetoric hook, line and sinker.)

PLEASE – KEEP SAYING THAT A CHILD’S OTHER HERITAGES AND FAMILY DON’T MATTER.   Your honesty is doing amazing press for us.   By blurting out your true bottom line as to how ICWA has been written and why – you are opening eyes that would otherwise never have realized that ICWA could affect their families as well.

It is dawning on people that if they, as parents, got in a car wreck, their extended family might have to fight a tribe for custody of their kids.  Grandparents are realizing that if their son or daughter were in a car wreck, a dishonest tribal court could tell them, as grandparents, that they have no right to raise their grandchildren.

You are terrifying families of eligible children every time you open your mouths and claim their kids as your own – every time you make hateful and racist statements toward family members of kids who could potentially end up targeted by ICWA.

I don’t even have to spend money on press releases – You are doing it for us.

Thank you for being so open as to what you honestly feel about the families of so many of America’s children.

 

Non-member mother with eligible child, January 1983

Non-member mother with eligible child, January 1983

 

 

Sep 102013
 

Mr. James Anaya, the United Nations Special Rapporteur on the rights of indigenous peoples,urges Veronica Capobianco's Rights“relevant authorities” to maintain Veronica’s “cultural identity” and “maintain relations with her indigenous family and people.” The fact is that Veronica’s family is primarily of European descent and that is therefore much more of her “cultural identity” then her 1% Cherokee ancestry.

If Mr. Anaya  really cared about Veronica’s rights – he would advocate for her right to be an individual with freedom to choose her own identity. But he doesn’t honestly care about Veronica’s rights. He cares only for tribal sovereignty and the “right” of government to subjugate people.

In a blog for adults who were adopted and had negative experiences, Mr Anaya stated,

“Veronica’s human rights as a child and as member of the Cherokee Nation, an indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing,” Mr. Anaya stressed. “The individual and collective rights of all indigenous children, their families and indigenous peoples must be protected throughout the United States.”

Never mind the “individual and collective rights of all United States citizens.” Never mind their families and equally important heritage.

This is racism at its worst – regardless of the spin about it being about citizenship and political affiliation. Those are just fluff terms to gloss over the racial discrimination evident every time a supporter of tribal sovereignty states that “White people” are stealing tribal children, or that “White people” are guilty of genocide every time they adopt.

The claim that “White people” can’t possibly raise a “Native American Child” is especially offensive – in that most enrollable children are multi-heritage, primarily Caucasian.

Wake up people – hundreds of thousands of “Native American Children” have been and are currently being raised successfully by their own “White” birth parents.

If I can successfully raise my own birth children – so can my sister and my best friend.

You are absolutely right that this is about politics, not “race,” Mr. Arayo. If I had to choose between a friend (no matter the heritage) and someone with your political bias to adopt and raise my children – you lose.

We are not interested in honoring the racial prejudice of the Indian Industry supporters. A stranger from my conservative Church community (no matter the heritage) is preferable to a stranger beholden to Tribal government.

Keep politically biased, predatory, self-serving and profiting hands off of our kids. Period.

 

Matt, Melanie & Veronica Capobianco

Matt, Melanie & Veronica Capobianco

Mr. Brown’s Testimony in Family Court

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Sep 082013
 
Matt, Melanie & Veronica Capobianco

Matt, Melanie and Veronica Capobianco

 

Mr. Dusten Brown’s personal testimony in the original family court concerning his interest in marrying birth mother Christinna Maldonado and his later abandonment of Veronica Capobianco.

It is good for all supports and detractors to read and consider this full testimony because it reveals points to the story that should give pause to advocates on both sides.  It is important for us all to be able to read, think, and pray about all aspects and know with certainty where we stand on various issues.

While Mr. Brown makes clear that he initially wanted to be married and take care of Christinna and Veronica, there is also an implication that Christinna might have backed away due to weekends he had spent with drinking buddies off base rather than coming home to be with her during the pregnancy.  For any mother who has been in such a position, that is very understandable.

While Mr. Brown’s supporters have shared liberally over the last few weeks the portions of Ms. Maldonado’s testimony that appear to discredit her, it would be good to be able to read the portions of her cross examination that have been held back – those portions which give her testimony explaining her motivation.  I look forward to obtaining that testimony.

Also – I have some discomfort with the assertion that the Capobiancos are “wealthy” and “connected” simply because Mr. Brown said so in his testimony – even if he claims a Guardian ad Litem told his family so.  That doesn’t mean it is was actually said, and even if it was, it doesn’t mean the GAL was correct.  Having known the C’s for a couple years now, I don’t believe those accusations in the testimony are true at all.

I further do not believe that it was the birth mother’s, the C’s, or the states responsibility to contact Mr. Brown and offer visits or pictures. As a man who knew he was a father and admitted in the testimony that he was aware of his obligations as a father – he had a responsibility to “man up” during those months and do what he needed to do.  Many, many service men are fathers – and many are even fathers without custody.  Most find ways to continue to uphold their obligations.

The laws of both Oklahoma and South Carolina agree and were enacted to ensure that men follow through with those obligations if they intend to father their children.  This is why Mr. Brown has been losing legally in both state courts ever since the U.S. Supreme Court ruled that ICWA did not apply.

This testimony also contradicts claims of Brown’s supporters that Mr. Brown himself did not claim to have a Bronze Star.  He is quoted here as saying that he does.

It also contradicts the claim that he had been fighting for custody of Veronica since birth.

Again – my question is, that knowing he was about to be deployed in a few days – and already locked down to base – why he had not made any attempt (by his own admission) to contact Christinna and see Veronica prior to deployment.   He knew that it would be months before  he returned to the states.  At that point, Veronica would have been almost a year old without a father in her life.

The only reason he hired an attorney and began a process in January, 2010, was because he had been served the adoption waiver.  Other than that, he would have left for Iraq without questioning Veronica’s whereabouts, period. 

One can not read his testimony and come to any other conclusion.

When I consider that, it is obvious that Christinna did the right thing – giving Veronica a father from the moment she was born.

From the moment Veronica was born, Matt was there.   While Mr. Brown was nursing the hurt of rejection (understandable) and  justifying his reasons for not making contact (not understandable), Matt was in the birthing room, cutting Veronica’s cord and welcoming her into the world.

Mr. Dusten Brown’s Family Court Testimony, 2011

 

Veronica Capobianco

Veronica Capobianco

Sep 082013
 
Sunset on the Rez

 In response to Lisa’s Open Letter

by Anonymous – received Sat 9/7/2013 10:44 PM

Jeremiah 1In the Woods by the Lake

New International Version (NIV)

The Call of Jeremiah

The word of the Lord came to me, saying,

“Before I formed you in the womb I knew[a] you,
before you were born I set you apart;
I appointed you as a prophet to the nations.”

“Alas, Sovereign Lord,” I said, “I do not know how to speak; I am too young.”

But the Lord said to me, “Do not say, ‘I am too young.’ You must go to everyone I send you to and say whatever I command you. Do not be afraid of them, for I am with you and will rescue you,” declares the Lord.

Then the Lord reached out his hand and touched my mouth and said to me, “I have put my words in your mouth. 10 See, today I appoint you over nations and kingdoms to uproot and tear down, to destroy and overthrow, to build and to plant.

As I read the passage above it occurs to me that like Jeremiah, God had chosen Veronica for this difficult struggle long before he formed her in her mother’s womb. For that matter, Ms. Maldonado, the Cs, the Browns, the attorneys and judges have all been chosen to execute his plan and in the end it will be God’s word and will that will prevail. As Christians this is all we have to understand in order to find comfort and peace as this struggle plays out.

A little over one year ago I too unwittingly joined the crusade to speak out for the injustices and the hurt that ICWA is increasingly causing to good families and helpless children of Native American descent. I feel this story has to be told, because unlike Veronica, it takes place on a reservation and similar stories happen with regularity, but no one ever hears about them. Like Veronica, these children also deserve to live with a permanent, loving family and be afforded all the privileges, rights and opportunities that other children of the United States enjoy as a result of being citizens of the greatest nation on earth.

My intimate struggle with ICWA began years ago when I befriended a Native family living on a reservation. The family was poor, the father having been raised in the bush by people living a very old, sacred traditional life. He came to be raised this way only after being abandoned by his birth parents and spending his earliest years on a work farm where he was physically, emotionally and sexually abused by the church people that ran the farm. As a result, this father never learned to read and write and only learned to speak English in adulthood. The mother of this family grew up on the reservation and experienced the same type of abuse as a child. As a result of their pasts, both of these parents had made a conscious choice not to have children. This was a rare decision indeed. When the wife’s niece and nephew were found to be severely abused in all unthinkable manners by their own parents, grandparents and extended family members, as well as members of the gang their family belonged to, social workers placed the children in this couple’s care. There were no background checks or formal transfer of the children. A year later a drug and alcohol addicted infant came to be in their care through a respite program. Again no background checks. Soon afterwards, the great grandmother of this infant, who was said to have custody of the child, came to them and said for them to raise this child as their own. And they did. In Indian Country, they call this a “traditional adoption.” The only catch was that the grandmother kept the child’s government subsidy. Another common occurrence with Indian foster families. The infant was nurtured and loved as it withdrew from the drugs and the other two children began to make positive progress as a result of the couple’s devotion.

Seven years later, after a long illness, the wife, who was a member of the tribe, passed away. By then, the two older children had been returned to the custody of their father even though he continued to live a bad life. The children were passed to many different caregivers and juvenile programs and most of the good work and progress they had made in the care of my friends soon was lost. The youngest child remained in the custody of the father, while the grandmother continued to receive the child’s check. She did not provide for the child in any way. The man was not a member of the tribe himself so the tribe did nothing to help him support the child. In fact, no tribal members came forward to help him when his wife passed. The father was very worried about how he and the child would make it, so I lent a hand. They both struggled at the loss of the wife/mother.

One year ago, as I was working to set the family up so that they could reside in a safer area of the reservation, the grandmother who had approved the plan, abruptly reclaimed the child who was by now 8 years old. Neither the father or the child wanted to be separated, but the grandmother told the father that he would never get the child back because she would loose her check. Apparently, my involvement and the death of the wife caused a panic.

In the entire 8 years there had never been any social workers involved or background checks or follow up on the well being of the child. That being said, virtually every doctor, teachers, mayors, judges, tribal lawyers, tribal council members and every so called “mandated reporter” knew this child was being raised by the couple and was considered their “legal” child by virtue of the traditional adoption. All of these same people turned a blind eye and refused to help the man and his child. They told him that he had opened a can of worms and to this day father and child are not permitted to see or talk to one another.

Imagine losing the only mother you have ever known and then just a year later being torn from the man you know as your father. What type of cultural was preserved by these actions? Without a question, the child’s best interests were not served. Tribal members burned the man’s property in an attempt to silence him. The man is now homeless and his life and his child’s life will never have the chance to see a happy ending as hopefully Veronica’s will.

When an ICWA injustice is served to you on a reservation, there is little recourse. ICWA children mean a check for the tribe and a check for the caregiver. The tribal government and tribal courts will do ANYTHING to strengthen the ICWA. They do not want stories such as this one (and there are many) to see the light of day because it will expose the uncomfortable truth that even within Indian Country, the ICWA isn’t about preserving culture or serving the best interests of children. The ICWA is the philosophical and financial cornerstone of tribal sovereignty and the fact that children are being sacrificed to further this agenda does not bother those in power.

I witnessed this child being torn from its father, crying “daddy” and trying to cling to him for dear life. The transition time was 3 minutes, not even the hour that the Cs and Veronica were allowed. Shortly after this happened, I found CAICW, and unquestionably, Lisa has been a huge support in a vast sea of people who actively advocate for the ICWA, but many who do so have no idea of what a life confined to a reservation means to a child. There are few if any adults willing or able to speak out against the ICWA. Knowing that regardless of gender, it isn’t a matter of whether a child living on a reservation will be raped, trafficked or abused, but rather when, is a source of constant fear and anxiety for me now because I can do nothing but turn the situation over to our all loving God and trust that He and his angels will see fit to watch over and protect a young child I had come to love and would have gladly offered my life, time, love and financial resources to so that the child could fulfill its full potential.

As the ongoing struggle to return Veronica to her parents continues to unfold, I continue to pray for the right words and the opportunity to speak out for ALL the special children who God has set apart to be his voice in this struggle. I ask all involved, those who support and those who do not support the ICWA, to take time to ask the children how the ICWA is working for them. Why haven’t we asked the children? If this law is meant for them, shouldn’t they have a voice too?

Before my story took place, I knew the ICWA existed and as a self-imposed student of Native American history, I was acutely aware of the historical precedent and destruction of the Native family that was the impetus for the passage of this law. In the past year, as I have struggled and mourned the loss of knowing and communicating with a motherless child, I have followed Veronica’s story, the plight of the children on the Spirit Lake Reservation (which mirrors the stories on the reservation I am intimate with) and I now understand how this law has been corrupted and abused to serve those in power. I have so many beautiful, yet tragic faces of children etched into my memory. I have reached out to some who say they are working to amend the ICWA and asked, “but what about all the kids on the Rez.” One such person told me I was crazy, that it would take a crusade. Well, I’ve been called much worse. I’m happy to be called crazy and to be part of a crusade if it means that just one child will be afforded the same opportunities and love that I have been blessed with in my life.

I thank Lisa and Roland Morris for their EXTREME bravery and courage to do what they felt was right for their family, and for Lisa to speak out about what both she and I know to be true about what it is like to live in Indian Country today. I am so grateful that Lisa is there for so many families struggling with the unintended consequences of this law. I urge people on both sides of this struggle to consider the needs and best interests of the children involved. I pray that we can start an open truthful dialog and that compromises can be reached and political agendas put aside so that THE CHILDREN have some hope for a better future.

In closing, I invite you to join Lisa and CAICW supporters in weekly prayer each Sunday (9 EST, 8 CT, 7 MT, 6 PST) as we pray for ALL children in Indian Country and those to whom their best interest is entrusted. As we pray Ephesians 6, we ask that God’s will be done, in his time and according to his plan. We pray for peace and love to fill the hearts and minds of all those involved in bringing truth, light, justice and permanent families to ALL of God’s children. Amen.

The Armor of God

10 Finally, be strong in the Lord and in his mighty power.11 Put on the full armor of God, so that you can take your stand against the devil’s schemes. 12 For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms.13 Therefore put on the full armor of God, so that when the day of evil comes, you may be able to stand your ground, and after you have done everything, to stand. 14 Stand firm then, with the belt of truth buckled around your waist, with the breastplate of righteousness in place, 15 and with your feet fitted with the readiness that comes from the gospel of peace. 16 In addition to all this, take up the shield of faith, with which you can extinguish all the flaming arrows of the evil one. 17 Take the helmet of salvation and the sword of the Spirit, which is the word of God.

18 And pray in the Spirit on all occasions with all kinds of prayers and requests. With this in mind, be alert and always keep on praying for all the Lord’s people. 19 Pray also for me, that whenever I speak, words may be given me so that I will fearlessly make known the mystery of the gospel, 20 for which I am an ambassador in chains. Pray that I may declare it fearlessly, as I should.

 

A CAICW logo from Veronica

Sep 072013
 
FAMILY, 2000

Julie – my husband was a man of 100% Minnesota Chippewa heritage. He grew up on the Leech Lake Reservation in the 1950’s. He didn’t speak English until he was 5 years old and began kindergarten. His fondest memories were of “ricing season” – the time in the Baptism 1994early fall when the wild rice was ripe on the lake and the community would pitch tents down there and spend a couple weeks “ricing” the traditional way. He said it was like the Christmas Holiday is for us.

We had five children together and raised four of his relatives’ children as well. They were placed with us through ICWA – their parents were addicted to crack. So that was nine kids total. When the four came to stay with us, they were all very young. The youngest was only a year old. I had 8 kids under the age of 8 at the time (and one 12-year-old)

It was, as you can imagine, very difficult. I raised all of the kids to the age of 18. I kept the four even through my husband’s terminal illness. You see, he was very afraid of turning them back to the tribe – even though we were struggling very hard to raise them all. He had seen too many very bad things happen to children in his family. He knew what his extended family was capable of doing to children. We knew of physical abuse, emotional abuse, neglect. I was at the funeral of a 2-yr-old who was beaten to death. I chased a drunk off of a 10-yr-old girl. He didn’t know I was on the bed when he pushed her onto my legs, trying to take her pants off. And there is so much more.

As a man of 100% heritage – my husband had made the decision to raise his kids elsewhere, off the reservation, because of the danger and corruption going on at Leech Lake.

The fact is – he isn’t alone. 75% of tribal members, (according to the last two U.S. censuses) do NOT live on the reservation. Many have left for the same reason he did (not all have left for the same reasons – but many)

Roland & GirlsBecause of his fear of his children ever being raised on the reservation, he feared what would happen if we both died. He had also become a Christian and had led me to the Lord. He was determined to raise his children Christian and so wanted me to be a Christian as well. He did not want the tribe to move the kids to the reservation or place them with relatives. If he died, he wanted one of our Christian friends to finish raising our kids.

So – it is for all these reasons that he disliked the Indian Child Welfare Act and began to speak out against it. This was in the 1990’s. We made a website – and as we wrote about the law, people across the country began to contact him.

You see, at the time, when you would google ICWA – all you would get is all the sites that supported ICWA. Ours was the only one that didn’t. So people began to contact us and ask for help. Tribal members and non-members. Birth parents, foster parents, and adoptive parents.

Their stories broke our hearts. Lots of abuse of children – by tribal governments. But we were just two parents, no different than them. Roland continued to speak up though, and had opportunity to give testimony to the Senate Committee, among other opportunities.

In February 2004, we founded the Christian Alliance for Indian Child Welfare – so we could help other families better. It has been a blessing every time we have been able to help someone – because we are small and simply do the best we can. We give all credit to God for whatever we are able to do.

When Melanie Capobianco first contacted us in July of 2011, we did our best to help her as well. I have found her to be a very sweet, kind, thoughtful, woman. She has been able to back up everything she has said with documentation. According to Oklahoma law, there is only 90 days after birth in which a father can show his interest in paternity. If he does not do this, he loses his right to object to an adoption. He is not considered a legal parent.

Mr. Brown exceeded that. He also exceeded the limits under South Carolina law. He admitted in the first family court – documented on the court record for all to see – that he did not, in truth, make any attempt to contact, inquire about, or provide for this baby in any way, shape or form. By the laws of both states, he had lost his right to object to an adoption. In the meantime, Matt Capobianco was there at the birth and cut the cord. THAT is the fact that the states have been ruling on.

Therefore, when MrChristinna Maldonado & Veronica Capobianco. Brown took the Capobianco’s little girl, without the benefit of any transition, breaking Veronica’s heart for the only parents she had ever known in her 27 months – it was seen by many of us as extremely selfish on the part of Mr. Brown, and that is how our judgment of him has stood. He did not care at all about Veronica’s need for the only parents she had known and was bonded to.

It was also seen as extremely selfish of the tribal government – which cares nothing about Veronica’s majority heritage. No one stops for a moment to consider whether Veronica, as a teen, might prefer to identify with the Hispanic heritage of her birth mother. If she chooses to identify as Hispanic – will she be allowed to? If she would like to meet her birth mother, who she was allowed to see while she was with the Capobiancos, will she be allowed to?

~ Do those who are demanding that she identify as a Native American truly care who she is as an individual with her own mind and heart? Or are they trying to stuff her into a box and make her into who THEY want her to be?

I just wanted you to know all this – as one Christian mother to another – both of us being mother’s in multi-heritage families.

Bless your heart; I am confused as to why you would send unkind emails to other Christian women. In the name of Jesus – please understand that these other women are not evil. They are simply seeing other aspects to this case then you have been seeing.

Father & Daughter: Christian Alliance for Indian Child Welfare (CAICW)http://dyinginindiancountry.com

Aug 222013
 
Suffer the Children. Sexual Abuse of kids on the Spirit Lake Reservation

In June, 3-year old Laurynn and her twin sister were thrown down an embankment, then kicked in the head while their care-giver stood aside, smoked a cigarette and watched.  Laurynn isn’t the first child to be murdered at Spirit Lake in the last two years. Several have been killed. Other children are being physically and sexually abused as you read this.

Yet federal and state bureaucrats continue to act as it this is a non-issue. Despite numerous pleas for help, the BIA, FBI and U.S. Attorney feign assistance while the abuse continues. When an official actually WANTS to do something to help, like the man below, permission is refused…

IMMEDIATE ACTION: NORTH DAKOTA BUREAUCRAT AND DC SHUT DOWN EFFORT TO HELP SPIRIT LAKE KIDS –“““““““““““““““““““““““““““““““““““““““““““““““`

A gov’t official who has CARED about the deaths at Spirit Lake and sent documented report to DC calling for change has been DENIED permission to participate in a fact-finding meeting this week in ND. Please read the bureaucratic garbage he was sent in the letter below.

Further – while Rep. Kevin Cramer was willing to participate in the meeting and Senator Hoeven’s office was sending a rep, Senator Heitlkamp was not sending anyone – and Scott J. Davis, Commissioner, ND Indian Affairs, said he wasn’t going to show unless Senator Hoeven and Heitkamp were there as well! WHY are our state & federal gov’ts NOT addressing the severe abuse occurring on many reservations? Why does DC continue to set up roadblocks. We will NOT stand by and allow this to continue. Below is the letter in full.

It bloviates that a meeting is possible – but whether or not anyone makes any real effort to gather “leaders from multiple ACF offices – when it has been so clear that the DC office has ignored every single report that Mr. Sullivan has sent – is another question. Mr. Sullivan holds a non-refundable plane ticket to Bismarck this next week.

PLEASE CALL ASAP: Please ask these people to allow Tom Sullivan to travel to Bismarck next week to get documentation about the child abuse at Spirit Lake!

George Sheldon: Acting Director of ACF ~ 202-401-5383
MaryAnn: Travel Clerk – 202-401-9216

PLEASE insist that he be allowed to listen to the average people who want to speak to him, that Heitkamp’s office do their job and listen – and that the ND official get off his lazy butt and participate…

A couple more officials below as well….

From: Murray, James (ACF)
Sent: Thursday, August 22, 2013 10:11 AM
To: Sullivan, Thomas (ACF); Delgado, Carol (ACF); Rogers, Thomas (ACF); Ross, Sharon (ACF)
Subject: RE: Itinerary for THOMAS FRANCIS SULLIVAN on 8/27/13 to Bismarck (IGTOZC)

Tom,

Thanks for your patience. ACF’s response to the concerns at the Spirit Lake Nation will have to be generated through a collaborative effort by leaders from multiple ACF offices. Representatives from those offices will have to be included along with you in meetings like the one proposed below, to maximize ACF’s response. Your leadership will be critical in the work of the larger ACF group to address the issues. That being said, I have to deny the travel request at this time. We can revisit the topic once ACF has a chance to mobilize the larger leadership group to begin moving things forward. Let me know if you’d like to discuss it further and I can set up a conference call for tomorrow or early next week.

Sincerely,

James Murray || Acting Director || HHS/ACF/ORO || Desk: (202) 401-4881 || BlackBerry: (202) 253-0217 || Fax: (202) 401-3449 || Email: james.murray@acf.hhs.gov

LETTER RE: Scott Davis:

> From: “Sullivan, Thomas (ACF)
> Date: August 22, 2013, 7:57:01 AM CDT
> To: “Davis, Scott J.” <sjdavis@nd.gov>
> Subject: RE: meeting
>
> Scott:
>
> Thank you for your email.
>
> It seems that both your tone and attitude have changed dramatically in the last 24 hours. It is almost like you have been told to cancel our meeting and are searching for a way to make me pull that trigger so you don’t have to. That is troubling.
>
> I see nothing in my emails to you suggesting anyone interested in helping improve conditions at Spirit Lake should be excluded from this scheduled meeting. Who they are invited by is irrelevant as long as they are at the table.
>
> In my long career I have come to despise those who seek to create a straw man in order to achieve something they are unwilling to place their own hands on. Such folks, I have found, lack both courage and integrity.
>
> I have no idea why someone would wish to cancel this meeting which is being convened, as I understand, solely to discuss how we all might work cooperatively to improve conditions at Spirit Lake. It is hard for me to believe that any responsible person wishes to stop our meeting from occurring, effectively maintaining the status quo.
>
> All the best
>
> Tom
>
> —–Original Message—–
> From: Davis, Scott J. [mailto:sjdavis@nd.gov]
> Sent: Wednesday, August 21, 2013 4:20 PM
> To: Sullivan, Thomas (ACF)
> Subject: Re: meeting
>
> Tom,
>
> No that is not acceptable.
>
> As I said I am happy to meet with all of the stakeholders at the table.
>
> It is important to me to have everyone (federal agencies) who has a role in the solutions to these problems at such a meeting.
>
> Please let me know when you can confirm you have everyone lined up to attend.
>
> Thank you.
>
> Scott J. Davis
> Commissioner
> ND Indian Affairs

Jun 212013
 

Honorable Senator Hoeven,

A charge has been made in the death of a 3-year-old girl named “Lauryn’ who died last week after she and her twin sister were sent to live on the Spirit Lake Reservation, a community known for widespread violence, crime, tribal government corruption and sexual abuse against children. A member of the family has been arrested and accused of physically abusing the twins as well encouraging her children to beat and kick them.

This child’s death is not isolated. Three other young children have died and countess others have been abused while under the care of Spirit Lake Tribal Services. Thomas Sullivan, Regional Director of the Administration of Children and Families, has documented 40 children living with sex offenders at Spirit Lake after they were removed from safe homes off of the reservation.  His mandated report was given to federal officials overseeing Spirit Lake tribal social services as well as DC officials and U.S. Senators. The Bureau of Indian Affairs (BIA) started overseeing tribal services last year to stop the crime and abuse. Yet, little has been done. Today most of these young children are still living with sex offenders.

One month ago, the twins were healthy and happily living with a foster family in Bismarck, ND, but were moved solely due to the Indian Child Welfare Act. Until this Act is significantly altered, many more children will needlessly suffer and even die. Christian Alliance for Indian Child Welfare (CAICW) is calling for immediate action by Congress to ensure that the lives of children be elevated to higher importance than the demands of tribal government leaders. The Spirit Lake Tribe is not an anomaly. CAICW is frequently contacted by families being hurt by ICWA across the nation.

Our current reservation system rewards dependence on federal government rather than on an individual’s strength and God. It encourages strong people to embrace anger and hide under the mantle of victimhood. A large number of citizens living within Indian Country are dying from alcoholism, drug abuse, suicide, and violence. The prevalence of alcoholism results in a percentage of Fetal Alcohol adults now raising Fetal Alcohol children. While many healthy tribal members move off the reservation to get away from crime, many of the neediest remain. Those who remain submit to a life amid a criminal element that retreats to the reservations to stay out of reach of state law enforcement. Sometimes the criminal element influences, or even becomes, the tribal government. Shockingly, this displays a similar sociological pattern to third world countries or small dictatorships around the globe.

Six months ago, in January 2013, our entire Senate unanimously voted on a resolution calling on Russia to put the best interest of children ahead of politics. The House followed suit with their own resolution.  Why can’t we do the same thing for children who are citizens of the United States?

Further, we are asking you to no longer be taken in by the claims of tribal government that they are only demanding the right to their “own” children.  Tribal overreach has been affecting multi-racial children and families across the nation.  The current case, awaiting ruling by the U.S. Supreme Court, Adoptive Couple vs. Baby Girl, involves a child of 1.12% Cherokee heritage.  Her Hispanic mother had made a decision as to the best interest of her daughter, and our government turned around and robbed her of that decision.

But even parents of 100% tribal heritage have a right to decide to raise their children apart from Indian Country and tribal government. The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.

We, as an organization, are asking you to be proactive and put an end to this continuing violence against both children and adults.  We are asking you what steps you will be taking to ensure the best interest of children over politics here in America.

 

Jun 092013
 

Forlorn home #2On the same day of the same year that Roland J. Morris, Sr. passed, a drug and  alcohol addicted infant was born from the same reservation that Roland called home. The biological parents of this infant wanted nothing to do with it. Just as with the many previous babies that they had created, this baby was “claimed” by a blood relative who wanted the baby for the welfare check to support it.

A few months later, the relative “gave” this baby to a couple to “raise as their own.” All of this took place WITHOUT THE TRIBE OR A SOCIAL WORKER INVOLVED and the blood relative kept the check. On the reservation this is a common practice. It is called “a traditional adoption,” and they say, “what we do with our children is no one else’s
business.”

The baby was loved and tenderly cared for while experiencing withdrawals from the drugs and alcohol it was subjected to in utero. The new parents taught the child the Ojibwe language and culture. No social workers ever checked on the child and the blood relative continued to get the check. All was well. This child was very well loved. And the child adored her traditionally adopted parents.Child

But one day eight years later, the blood relative became frightened that if this illegal situation was exposed the check might be lost, so the child was unwillfully abducted and returned to the blood relative. Now the child is not allowed to see or speak to the adoptive family and the tribal government supports the blood relative. The adoptive parents and the child suffer to this day.

In honor of Roland, on the birthday of this child, let us pray.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

PLEASE pray with us Sunday evening at 9pm ET, 8pm CT, 7pm MT, and 6pm PT – This Sunday on our minds:

  • remembering Roland’s passing and the children he left behind,
  • a little girl struggling on his reservation,
  • another little girl fighting to stay with the only family she feels safe with,
  • a little girl caught in the middle of a Supreme Court fight,
  • ….and hope for God’s redemption in Indian Country.

If you feel led, please join us every Sunday evening, each of in our own space, praying for help, healing, and Ephesians 6: 10-20.

Please share this with others who may be interested in helping.

https://caicw.org/2013/05/05/please-pray-with-us-every-sunday-9pm-et-8pm-ct-7pm-mt-6pm-pt/

 

 

Apr 052013
 

Senator Hoeven,   

Spirit Lake Town Meeting, Feb 27 2013

Spirit Lake Town Meeting, Feb 27 2013

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

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

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

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

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

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

Thank you.

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

———————– Page 1———————–

     March 29, 2013

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

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

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

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

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

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

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

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

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

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

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

The Tribal Elder who observed two little boys engaging in anal sex in her yard did call police immediately. No one in law enforcement took her statement. She tried to tell her story at the February 27, 2013 Hearing but she was shushed by the US Attorney, the BIA leadership and all of those

———————– Page 3———————–

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

One day later, on February 28, 2013, these same two boys were observed by two little girls engaging in oral sex on a Spirit Lake school bus. The little girls reported this to the bus driver, their teachers and the school principal.

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

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

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

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

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

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

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

———————– Page 4———————–

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

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

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

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

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

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

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

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

———————– Page 5———————–

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

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

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

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

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

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

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

———————– Page 6———————–

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

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

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

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

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

Thomas F. Sullivan
Regional Administrator, ACF, Denver

ANOTHER SPIRIT LAKE DOCUMENT: from Dr. Tilus to HHS, Mar 3, 2012-

 Comments Off on ANOTHER SPIRIT LAKE DOCUMENT: from Dr. Tilus to HHS, Mar 3, 2012-
Feb 242013
 

.

Letter of Grave Concern, Dr. Tilus, March 3, 2012 –

 

ANOTHER SPIRIT LAKE DOCUMENT:  From Dr. Tilus to HHS, Mar 3, 2012-

“..children removed from successful..foster care off reservation and brought back to an unsafe, substance abusing, violent environment because the Director said all the kids need is here on the rez”…  read more…

Letter of Grave Concern, Dr. Tilus, March 3, 2012

 

.

Horrible Child Abuse STILL Happening on Spirit Lake Reservation!

 Comments Off on Horrible Child Abuse STILL Happening on Spirit Lake Reservation!
Feb 222013
 

.

A HORRIFIC report just leaked to us:  Thomas Sullivan, Regional Administrator of the Denver Office submitted this to the DC office of Administration of Children and Families just this morning –    

++++++++++++++++++++++++++++++++++++++++++

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

It has been more than 8 months since I filed my first report. In that time neither my sources nor I have seen any evidence the more than 100 children cited in these reports have been moved into safe placements. Most of those children remain in the full time care and custody of known sex offenders, addicts and abusive families.

Nor have we seen any indication of any effort by law enforcement to investigate, indict or prosecute the adults who have been credibly accused of being physically and sexually abusive to more than two dozen children.

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.

 

  1. 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.

 

  1. 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?

 

  1. Several years ago several former Tribal employees (including Tribal judges, TSS staff and Tribal elders) filed a formal complaint about TSS and the Spirit Lake BIA when they met with BIA’s Regional Director in Aberdeen, SD. The Regional Director was provided with substantial documentation of the bases for their complaint against the BIA’s Spirit Lake Superintendent.

A week after returning from Aberdeen they saw this documentation in its original unopened package on the desk of the Spirit Lake BIA Superintendent. It remained there, unopened, unread and uninvestigated for several months before it was shredded.

Similar delegations met with the leadership of the state Department of Human Services, its Child Welfare Agency, as well as with the FBI. In each case comparable packages of documentation were delivered. Since nothing ever came of these efforts to correct the situation at Spirit Lake, it can only be assumed that this documentation sat on desks somewhere, unopened, unread and uninvestigated until it too was shredded.

Since I filed my first report detailing these efforts on the part of several concerned citizens to correct the situation at Spirit Lake, to stop the abuse of children several years before I filed my first report, nothing has been done to investigate the clear malfeasance of so many high level state and federal officials. This failure to act, to correct this situation allowed the rape and abuse of children at Spirit Lake to persist for years beyond when it should have been stopped.

 

  1. I believe the highest obligation and priority for every public official involved in this situation is to insure the safety of those children who were abruptly removed from safe, off-reservation placements and returned to on-reservation placements in many cases to the full time care and custody of known sex offenders where they were available to be raped daily as well as those children placed in unsafe homes in the care of addicts and abusers as a result of decisions made by BIA, TSS and the Tribal Court.

I have been instructed by the leadership of my agency that my beliefs do not reflect the policy position of either my agency or my department.

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

If that attitude was held by those who served on the Grand Jury that indicted Jerry Sandusky on 45 counts of child sexual abuse, there would have been no indictments. It would have been decided that neither McQueary, the janitors nor any of those victims were credible because Jerry would have told them that all of those witnesses were lying and they would have believed him.

If just a bit of the energy devoted to trashing us was used to assist the children of Spirit Lake, all of the 100 plus children might be in safe placements now. But it appears that agencies and those involved have taken a different path for reasons known only to them and their agencies leaving these children in the care and custody of addicts and predators. These actions track the same path followed by the leadership of both Penn State and the Catholic Church when these organizations sought to protect their institution’s reputation by covering up the rape of children.

 

  1. The BIA Senior Criminal Investigator (CI) at Spirit Lake is a thug who should be in prison if the domestic violence allegations made by his wife and other eyewitnesses are to be believed. Because none of you, not even those in the highest levels of BIA law enforcement in Washington, DC, have investigated his wife’s complaint, sought to speak either with her or those eyewitnesses, he walks free, a fine example of the integrity and professionalism of BIA. How will BIA comply with OPM’s recent directive on Domestic Violence when it is shielding a Domestic Violence thug from investigation and prosecution?

 

  1. There are an unknown number of undocumented children (it is estimated by knowledgeable sources that there are more than 40 children who are trapped in this situation) who are being cared for by Foster Parents who are not being paid for their care. For most, if not all, payment is not an issue. However, without birth certificates, court orders and other documentation these children cannot be enrolled in Head Start, pre-school, school or qualified for Medicaid. Neither the state, county social services, BIA nor TSS have been willing to assist these foster parents in obtaining the necessary documentation. Since the Tribe placed all of these children with these Foster Parents, it is especially disturbing that now they deny any responsibility for them. Why is the BIA collaborating with the Tribe in this abuse of power?

 

  1. On September 29, 2012 a 13 year old little girl was raped in her home by a 37 year old man. Law enforcement was called. The name and a description of the rapist was provided. No rape kit was collected. More than three weeks elapsed  before the alleged rapist was interviewed. The little girl’s mother was told over the phone by FBI Agent Cima that the FBI had turned the case over to the BIA.

The BIA Senior Criminal Investigator (CI) called the mother to tell her that he had spoken with the alleged rapist who told him, “That girl wanted to have sex with me. What was I supposed to do?” The BIA CI then said, “Since the sex was consensual, there was no crime here and there will be no prosecution. This little girl contracted gonorrhea as a result of this rape.

It seems strange to me that the BIA CI ruled out the possibility of statutory rape in this case when the girl was so young and her rapist was almost 25 years older. It is even stranger that all of you accept without question the self-serving tale of a 37 year old rapist, “She wanted to have sex with me. What was I supposed to do?” Surely all of you have more brains than to accept that line.

 

  1. On September 27, 2012 I filed a formal complaint against FBI Special Agent Bryan Cima due to his interference with my responsibilities as a Mandated Reporter of child abuse This filing was done consistent with instructions we received from the Grand Forks, ND FBI office. Since I have not been contacted by anyone asking for additional information concerning my formal complaint, I can only assume, given their complete disregard for this complaint, that the USDOJ and FBI view it as even less important than the eleven mandated reports I have filed.

 

10. The BIA, for several years, has been conducting annual reviews of the Spirit Lake TSS with each succeeding review producing lengthier and lengthier lists of deficiencies requiring correction. The last one completed almost a year ago, produced a list of 75 deficiencies, most so serious they required immediate correction according to the BIA reviewers. To my knowledge none have been corrected.

 

11. Five months ago on September 20, 2012, Hankie Ortiz, Deputy Bureau Director of BIA’s Office of Indian Services was quoted in the NY Times article about Spirit Lake saying, “the news media and whistleblowers had exaggerated the problem. This social services program has made steady progress.” Since I specifically asked Ms. Ortiz in my Sixth Mandated Report on October 30, 2012 to provide detail about how those of us who have been speaking out about the epidemic of child sexual abuse at Spirit Lake have “exaggerated the problem”, she has provided nothing to substantiate her lying, self-serving claims.

Apparently she has now taken a vow of silence. That vow makes good sense because six weeks after she was quoted in the NY Times, the Tribal Chair directly contradicted her fabricated defense of BIA. The Tribal Chair in a General Assembly meeting said in response to questions from an enrolled member that there were no lies in my reports and that he could not document any improvement in the condition of the children I had cited in my reports. Now, five months after her claim of “steady progress” neither my sources nor I have seen anything that would pass for “progress”.

 

12. A little girl, who on the first day of pre-school gave an aide an accurate and detailed description of what was involved in giving a blow job, was removed from her home due to  physical abuse. When evaluated at the Children’s Advocacy Center in Grand Forks, ND, the specialist there determined that she had also been sexually abused and required immediate intensive therapy.

Since the Tribe would be required to pay for the therapy the Foster Parents had to get approval from TSS. They were turned down initially and at least once a month for the last six months because as the TSS case worker said, “If I approve this request for therapy, I will be fired in the morning as soon as the Tribal Council learns of it.” (The Catholic Archdiocese in Los Angeles, CA followed a similar policy not so long ago so that pedophile priests were not allowed by the Church to go to therapists who were required by law to report the sexual abuse of children by their clients to law enforcement).

This little girl is the granddaughter of a convicted sexual offender who also serves on the Tribal Council. Since the BIA has taken over all responsibility for TSS activities at Spirit Lake, why is BIA preventing this little girl from getting the therapy she desperately needs? How many other Spirit Lake children is the BIA preventing from receiving the therapeutic services they need in order to recover from the abuse they have suffered?

 

13. I understand two young children (two and three years of age) who had been removed from their homes in late December, 2010 and were evaluated at the nationally recognized Fetal Alcohol Spectrum Disorder Center at the University of North Dakota School of Medicine in Grand Forks, ND during the late winter of 2011 and were diagnosed with severe developmental delay – they did not and could not speak, they did not understand simple words, they acted as though they had never seen a toy and had no idea what to do with them. Their only form of interaction was to hit each other and fight.

The Founder and Executive Director of the Center evaluated these children. His expert recommendation,  provided in a written report, was that these children should never be returned to the home they came out of, that it would be a crime if they were ever placed back in that home.

The TSS Director ignored this expert evaluation and recommendation and placed these children back in that home shortly after he received that written report. They are still there suffering ever more developmental delay with every passing day.

TSS and BIA staff have been reviewing and correcting any problems with paperwork for most of the last several months. Why has this expert recommendation been overlooked? This is just one more example of the continuing, grotesque failure of the BIA to protect the children of Spirit Lake.

 

14. A few weeks ago I was informed about a case that is well known to you, Ms Settles, because you intervened to assist a concerned adult. This adult was concerned for the welfare of a foster child who had confided to her about his abusive home life, the refusal of the foster parent to spend money received for this child on this child as well as other examples of abuse and neglect. This child’s mother took her own life. This child attempted suicide a year ago. He has for some time been demonstrating profound depression. When a BIA social worker was assigned to his case, she closed it without even speaking with this child. When this adult spoke with Marge Eagleman, BIA Supervisor of Social Services, she was told, “well the investigator has done her job and the case is closed.” When this adult spoke with Rod Cavanagh, BIA Superintendent at Spirit Lake he said, “the investigator has a Master of Social Work degree and I trust she did her job.”

When this adult spoke with you, Ms. Settles, you ordered the case reopened. Unfortunately, it has been more than two weeks since you took that action and no one has yet spoken with that little boy. I trust all of us understand how those mindless decisions and failures to follow up can turn a difficult situation into a tragic one.

 

15. The adult mentioned in # 14 is a Mandated Reporter of suspected child abuse since they are on the staff at the Four Winds School. This adult has received a letter of reprimand from the Superintendent of the school system because of their efforts on behalf of this little boy. Their son was fired from his position at the same school because of his efforts on behalf of this boy. Since you have known about these efforts to silence, intimidate and retaliate against two Mandated Reporters for more than two weeks, Ms. Settles, what have you done to correct this situation? If you have done nothing, would you please explain the rationale for your inaction?

Mr. Purdon, what will you be doing to protect the rights of these two Mandated Reporters?

The Sandusky scandal horrified the nation resulting in a widespread outcry against those who had facilitated his continuing rape of young boys by keeping silent about what they knew. He assaulted and raped one boy at a time. At Spirit Lake there are many sexual predators who have been given free rein to rape at will. Hundreds of children have been exposed to conditions that place them at risk of being raped daily at Spirit Lake.

Sandusky’s abuse became public when he was indicted. The failure of law enforcement at all levels to investigate, charge and indict is a key factor in the continuation of the epidemic of child sexual abuse at Spirit Lake. When was the last time the US Attorney for North Dakota indicted a sexual predator for his rape of a child at Spirit Lake? When was the last time the Tribal Prosecutor filed a charge of child rape against a predator in Tribal Court?

It is my understanding that some believe my Tenth Mandated Report, filed on January 2, 2013, lead to the indictment of the father described in that report on charges of Gross Sexual Imposition (a Class 2 Felony) In Ramsey County, ND. If that is true, the county attorney in Devils Lake, with that indictment, has done far more to protect the children of Spirit Lake than any of those who have received these reports and have done nothing but fabricate excuses for their inaction.

The predators have been defended by the actions of the Spirit Lake Tribal Chair and council. The state, TSS, FBI, BIA and other federal agencies’ leadership by their failure to investigate complaints, made several years ago, about such abuse have facilitated this abuse. By their delay in effectively responding to these Mandated Reports, these organizations and their leaders have extended the reign of terror inflicted on the children of Spirit Lake.

A child at Spirit Lake will be raped today because little or nothing has been done to correct the heinous conditions I have identified in these Reports. Tomorrow another child will be raped at Spirit Lake due to this inaction. And the day after that another child will be raped at Spirit Lake because of this inaction. And so on, and so on and so on, until that fateful day when the decision is made to protect the children of Spirit Lake from rape and abuse.

Thomas F. Sullivan

Regional Administrator, ACF, Denver

Washington D.C. Feb 4-8, 2013: Lawmakers—The Good, The Bad and What Can You Do Next

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Feb 102013
 

by Elizabeth Sharon Morris

The dust is just beginning to settle from our most recent trip to Washington, D.C., Feb 4-8, 2013, where we spent five days visiting lawmakers to talk about the Indian Child Welfare Act and how it infringes on the rights of children and parents across our nation. Five CAICW members, all of whom have been affected by the Indian Child Welfare Act (ICWA), joined me to share their stories and to advocate for positive changes to this law.

Our group met up in Washington on February 4 eagerly prepared to attend the 20 or more appointments that I had arranged prior to our departures. During the week we also managed to squeeze in a number of drop-in visits. As expected, our message was met with a range of responses.

We want to thank all of the lawmakers and their staffs for taking time to listen to our message. We met with at least 55 offices—35 Representatives and 20 Senators. We had meetings with the staff of 9 of the 14 members of the Senate Committee on Indian Affairs and with staff of the two ranking leaders of the House Indian Affairs and the Senate Indian Affairs committees, as well as 3 of the 4 co-chairs of the adoption caucus. For those of you interested, a complete list of offices we visited and their general reaction to our positions can be provided in a chart by request.

What We Shared

In connection to the necessary changes to the ICWA, we talked about several serious matters that impact families and children in Indian Country. We brought attention to the recent BIA takeover of children’s services on the Spirit Lake Reservation after the murder of 2 children exposed serious deficiencies in the tribal child welfare system and rampant child abuse. We pointed out that these problems are not isolated to this reservation, and that like Spirit Lake, many tribal governments and agencies are totally unequipped to handle these problems. We also brought attention to the Native Mob gang and the current trial taking place, as well as other organized gangs that are active on reservations in five states. Gang activity has rapidly increased over the past decade and it has a direct impact on all tribal members, but mostly on the young people who seek out gangs as a replacement for the families they do not have. Gangs are now well organized crime operations that are responsible for much of the violence, drug trafficking and use, gun running, and sexual recruitment of children and women.

We also discussed the serious implications of the Violence Against Women Act. While many only understand the impact of the ICWA on adoption cases in this country, more and more people are beginning to understand that the ICWA also contributes to much larger and much more serious problems affecting Indian Country.

Trapping more and more children and families in the dangerous confines of reservation life is doing nothing to serve the best interest or welfare of the children, their families or to preserve traditional culture. It is vital that we all come together and talk as a community.

As in the past, we started our presentations by sharing stories of families that have been hurt by the ICWA. We pointed out that even parents of 100% tribal heritage have the right to determine where their children should be placed as long as the home is safe—and heritage is simply a data point, not a definition of who you are. An increasing number of individuals and families of tribal heritage are voicing reluctance to live within reservation boundaries. Many are opposed to overreaching laws, which interfere with private family affairs, such as the ICWA and other laws being written into new tribal constitutions. The ICWA and the Native Nation Building Movement, which encourage and promote individual tribal constitutions over the U.S. constitution, interfere with basic U.S. Constitutional rights of U.S. citizens who also happen to have tribal heritage.

We stressed to lawmakers that the ICWA works more to promote the tribe then the best interests of children. We urged everyone we visited with to take up these discussions and to work to seek positive reforms to protect and strengthen families across the nation.

Sierra Shares Lessons on Indian Adoption

The Campbell family, Carol, Gene and Sierra bravely shared their heartbreaking and dramatic story. Sierra and her adopted parents openly spoke about how Sierra was abused and used sexually as a child. Sierra recounted how she was first given to a man at the age of ten and how her younger sister was used in the same manner. Sierra explained how she attempted to run away over a dozen times and begged to be returned to the only family she ever felt safe with and knew she was loved—the Campbells. She told how while in a tribal foster home she was ultimately cut down from a rope she used in attempt to hang herself.

Jon Tevlin of the Star Tribune recounts Sierra’s dramatic story and covers her family’s recent trip to Washington to advocate for changes to the ICWA in an article that can be read at: http://www.startribune.com/local/190953261.html?refer=y

Steps You Can Take to Bring Positive Change to Indian Country

Contact your representatives in the Congress and Senate and encourage them to take action in regards to amending the ICWA and bringing serious changes to Federal Indian Policy. It is especially important to contact lawmakers who serve on the Senate Committee on Indian Affairs.

  • URGENT: Contact your senators and ask them to contact Paul Wolf in Senator Cantwell’s office to request that the ICWA be placed on Senator Cantwell’s agenda for this session. The agenda is being prepared and set NOW. If the ICWA is not put on her agenda for this session it will not come up for discussion this year nor probably next.
  • Urge your senator to contact Paul Wolf in Senator Cantwell’s office to press for hearings on the Spirit Lake Reservation and other reservations where child abuse and child sexual abuse is rampant.
  • Inform your neighbors, friends and families of the importance of bringing POSITIVE CHANGE to Indian Country. Many U.S. citizens have no idea how the ICWA, the Violence Against Women Act and issues of tribal sovereignty impact all of us as U.S. citizens.
  • Continue to pray for everyone negatively affected, intentionally or non-intentionally by the ICWA, Violence Against Women Act and Federal Tribal Policy. Especially pray for the children who have no voice or representation in their own well being. And please pray for us as we work to bring these issues forward.

 

Feb 062013
 

Where to begin? We met with staff members from seven DC Senate offices on Monday. We had come to talk about the Indian Child Welfare Act and how it infringes on the right of children and parents.

But sitting next to this young woman, who comes from the same reservation as my husband… I realized there is so, so much more we all need to talk about.

She told how she was abused and used sexually as a child. She said she was first given to a man at the age of ten. Her sisters were also given to men. She told how she begged to be allowed to return to the only family she had ever felt safe with – the foster family that the tribe, through ICWA, had taken her from. She told how she tried to run away over a dozen times – to get back to the foster home where she knew she was loved. She told how the home where the tribal govt placed her made her destroy pictures of the family she loved, and how they had cut a rope to save her when she had tried to hang herself. It was only then that they finally allowed her to return to her true home.

The feeling in Congress and across much of America is that the tribal leaders can’t be messed with. Don’t you dare step on their toes.

Holy cow. I mean, literally, ‘holy cow.’

Enough with the trepidation about messing with tribal sovereignty. I told our family’s story in the book “Dying in Indian Country” – and apparently, I didn’t even tell the half of it. I knew that things had gotten worse to an extent – but I had no idea how really, really bad it was now. The prostitution of young girls has become common place. You want to talk about sex-trafficking? Don’t forget to look at many of the reservations as well. I should say – don’t be AFRAID to look at many of the reservations as well.

Have you heard yet that the BIA had to go in and take over children’s services on the Spirit Lake Reservation?

– Have you heard about the “Native Mob” now active on reservations in three states?

One of the Senate staff members said her Senator would like to do hearings concerning Spirit Lake. I would love to see that happen – as well as inquiries into the gang activity and harm to children occurring on many reservations. Spirit Lake is not isolated. Leech Lake, Red Lake, White Earth, Pine Ridge – and more.

PLEASE CONTACT your Senators and encourage/support them in taking action. Many Senators are very afraid of stepping on the toes of tribal government – but while they cringe, girls as young as ten are being prostituted.

What this girl said today matches what I was told by another Leech Lake family last week. What they shared with us is horrific.

We NEED to let our Senators know that this is not OK in America. They MUST make is stop!

Children need to be protected. For our family, that also means getting rid of ICWA. You might not want to take that drastic a stand on the ICWA – but our family must. But at the very least – please press your Senator for hearings on the issue of child welfare and protection in Indian Country.

Please – especially press your Senator to do this if he/she is on the Senate Committee on Indian Affairs.

1) ASK YOUR SENATOR to contact Senator Cantwell’s office – to tell Senator Cantwell that ICWA needs to be on her agenda for this session. They are preparing and setting this sessions agenda RIGHT NOW. If ICWA is NOT put on her agenda for the session – it will not be discussed for changes this year nor probably next. WE NEED AS MANY SENATORS AS POSSIBLE – ALL OF THEM – TO CALL SENATOR CANTWELL and ask that ICWA be on Senator Cantwell’s Indian Affairs Committee agenda!

2) ASK YOUR SENATOR to contact Senator Cantwell’s office and press for hearings on Spirit Lake and other reservations were abuse of children is rampant!

3) PLEASE CONTINUE TO PRAY FOR THE CHILDREN, FOR US – AND FOR THE WORK IN FRONT OF US!

 

Dec 312012
 

From Tragedies – to Transformation…

Just why would a family decide that reservation life is not what they choose for their family? The reasons are many, but some of the reasons are shocking.

Dying in Indian Country is one family’s story of  hope.

What cannot be denied is that a large number of Native Americans are dying from alcoholism, drug abuse, suicide and violence. Further, scores of children are suffering emotional, physical and sexual abuse as a result – and the Indian Child Welfare Act is trapping more and more children into this unacceptable system.

While many tribal governments continue to fund congressional candidates who promise to increase tribal sovereignty, the voices of the children who are at the mercy of corrupt government continue to go unheard.  The truth is that some tribal governments are not protecting the children in their “custody.”  Instead, they are gathering children where they can because federal funding allocations are based on the U.S. census and tribal rolls.

An amazing transformational story, Dying in Indian Country, by Elizabeth Sharon Morris, provides a real glimpse into some of these unacceptable conditions. Dying in Indian Country tells a compelling true story of one family who after years of alcoholism and pain, comes to realize that corrupt tribal government, dishonest Federal Indian Policy, welfare policy, and the controlling reservation system has more to do with the current despair than the tragedies that occurred 150 years ago  –  then tells how, by the Grace of God, they came out of it.

 

A true story of pain, hope, and transformation –

“Dying in Indian Country is a compassionate and honest portrayal… I highly recommend it to you.” Reed Elley, former Member of Parliament, Canada; Chief Critic for Indian Affairs in 2000, Baptist Pastor, Father of four Native and Métis children

“He was a magnificent warrior who put himself on the line for the good of all…I can think of no one at this time, in this dark period of Indian history, who is able to speak as Roland has.”  Arlene,Tribal Member

“…truly gripping, with a good pace.” Dr. William B. Allen, -Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights (1989)

Dying in Indian Country is available at:   http://dyinginindiancountry.com

 

 

Dr. Phil Show Spurs Controversy–Sheds Light on the Negative Effects of ICWA

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Dec 312012
 

by Elizabeth Sharon Morris

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

An adoptive mother contacted CAICW on Facebook with this message at 1 am on Saturday, November 20, 2010, just hours after losing her little girl.  CAICW cried with her.  Why was this little girl, who screamed for her adoptive father to help her, taken – while he collapsed on the lawn, sobbing in grief?

Because she had tribal heritage.

While many argue that it is right and good that children of Native heritage be removed from non-Indian homes and turned over to tribal governments, many others question the policy. In this case, just five months after the little girl was taken, social services called the adoptive parents and asked if they would come and get her—immediately.  Apparently the home she had been taken to “didn’t work out,” so now it was OK for her to return to the home they had torn her from just a few months prior. Of course, her parents immediately dropped everything to drive the two hours to get their little girl. When she saw them, the little girl threw herself into their arms and asked if she could finally “go home.”

On Friday, October 19, 2012, Indian Country Today (ICT) reported on the “Veronica” episode of a Dr. Phil Show that had aired the day before. ICT claimed that the show “attacked the ICWA, and undermined the significance of Native children remaining in their tribe and being immersed in their culture.”  It also announced a grassroots Facebook campaign to boycott the “Anti-Native American” Dr. Phil Show. The mission of the campaign ICT says, “is to hold Dr. Phil McGraw accountable by boycotting until he agrees to have a show where QUALIFIED experts discuss ICWA’s importance.”

This is an interesting demand, considering the fact that there were two qualified “experts” on the set that day: Cherokee Nation Attorney Chrissi Nimmo and Judge Les Marston. Furthermore, Terry Cross of the National Indian Child Welfare Association (NICWA) had been invited too, but declined to appear.

As a birth mother to children who are 50 percent tribal, I flatly refute claims by the tribal establishment that every single child of heritage “needs them.”  No “tribal expert” knows our family or can speak for us. It is a myth that all tribal members want or need to be a part of Indian Country. Tribal members are individuals with their own minds and hearts.

The U.S. census shows that 75 percent of tribal members live off reservation.  Some remain connected to Indian Country, but many extended families mainstreamed a long time ago. Many reject reservation life for the same reason our family does: it isn’t a safe place. Even though we love our extended family that live on the reservation, we choose not to live under a corrupt tribal government in a tract house surrounded by drugs, alcohol and violence. Not every Native person wants to live in or have their children exposed to these conditions.

Furthermore, most “enrollable” children have more than one heritage. This means that they have more than one family, more than one traditional culture, multiple people who love them, and no heritage is more or less important than another.

Tribal governments are now using the ICWA as a weapon to steal the rights and best interests of children, women and families across this country. Make no mistake—the Cherokee Nation alone has more than 100 attorneys targeting 1500 children across the United States who are in the process of being adopted. Many of these children, like Veronica, have less than 5 percent Cherokee heritage. Even that small heritage in many cases comes from families who at some point made deliberate CHOICES to leave Indian Country.

Has God used CAICW to impact you or a loved one in 2012?

Consider impacting someone else by giving a gift

Year-End Review: Jan. 6, 2013, CAICW Sponsors “Save Veronica” Campaign

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Dec 142012
 

It all began at the start of the year, when adorable 2-year-old Veronica was removed from her adoptive parents’ home as a result of the ICWA, and transferred to her birth father. From that day on, there has been no rest for the Christian Alliance for Indian Child Welfare (CAICW).

Many citizens of the South Carolina town where Veronica was raised witnessed the emotionally inhumane transfer of custody, and a campaign began immediately to“SAVE VERONICA ROSE.”Veronica’s story soon brought national attention to the Indian Child Welfare Act (ICWA).

CAICW has never seen this kind of reaction before. THOUSANDS of supporters joined Veronica’s Facebook page, and as of this writing, more than 20,000 have signed a petition to Congress to change the ICWA.

A Recap of Veronica’s Story
While pregnant, Veronica’s Latina birth mother had selected Matt and Melanie to become Veronica’s adoptive parents—to love, nurture and raise her child. Although Veronica’s birth father knew the approximate period of time in which Veronica was to be born, he made no contact with her mother during the pregnancy. And because the birth mother didn’t want to marry, the father told her he wasn’t going to support the child. In South Carolina, where the mother resides, the law states that unless a father is physically and financially involved during a pregnancy, and in a timely manner following birth, he is considered to be an absentee father and therefore does not have standing in court. This law is in place to allow a mother time and opportunity to make necessary decisions in the face of abandonment.

In early January 2010, when Veronica was about four months old, her birth father signed papers agreeing to relinquish parental rights to his daughter. Shortly afterward he changed his mind. The Oklahoma state court dismissed his late attempt at intervention, but because of his 3 percent Cherokee heritage, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to her birth father. As a result of the
ICWA, a family court judge ruled in his favor.

Up until this time, Veronica was a thriving child residing in a stable, nurturing environment. To this day,Veronica’s birth mother remains committed to her original decision. On December 31, 2011, with less than two hours of “transition” time, Veronica was handed over to her biological father. She was placed in a car with literal strangers and taken miles from the only home she had known since birth.

On January 6, 2012, in order to allow Veronica’s supporters to be protected
under a legal entity and receive a tax deduction for donating to the family’s legal defense fund, “Save Veronica” officially became an advocacy and awareness campaign of CAICW.

Veronica’s parents appealed the custody decision, but this past July the South Carolina Supreme Court upheld the ICWAlaw, ruling that Veronica remain with her birth father. On Monday, October 1, 2012, the legal team for the parents filed a petition for review with the United States Supreme Court for their case involving the ICWA. We will know in January if the court will accept the case.

On Thursday, October 18, 2012 Veronica’s story aired on the Dr. Phil show. Representatives of the Cherokee Nation as well as Veronica’s birth parents were interviewed. Much of the discussion centered around whether the ICWA was actually working to protect the rights and well being of children as it was originally intended to do, or whether the law was creating a situation where the
rights of tribes supersede the rights and welfare of the children. The show has ignited a firestorm of responses, which CAICW regards as clear indication of the need to further educate the public about ICWA and the unintended damage it is causing to families and children across the country.

CAICW continues to advocate for the return of Veronica to her adoptive parents, and we encourage all of our supporters to contact your congressional representatives and impress on them the need to change the outdated ICWA law.

So. Carolina High Court Rules in favor of Cherokee Nation in Baby Veronica Case

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Jul 262012
 

Veronica RoseCharleston, SC [7/26/12]

by Jessica Munday, Trio Solutions:

The South Carolina Supreme Court ruled today that the 2-year-old adoptive daughter of Matt and Melanie Capobianco will remain with her biological father Dusten Brown. After seven months of living without her, the Capobiancos of Charleston, SC received word that South Carolina’s high court ruled in favor of the Indian Child Welfare Act, the federal law that allowed Brown and the Cherokee Nation to retain custody of the child on New Year’s Eve 2011.

Despite public outcry that the child should be returned to her adoptive parents, the federal law granted the Cherokee Nation, of which Brown is a registered member, the ability to argue that the child is best served with her father’s tribe.

The law was originally intended to preserve Native American culture by keeping Indian children with native families as opposed to non-Native American families. Even though Brown would not be considered a parent by state law because of his lack of support to the birth mother during and after the pregnancy, Christina Maldonado of Oklahoma, the federal law trumps her wishes to select a non-Native family to raise her child.

Brown filed for paternity and custody four months after the child was born in September 2009. He filed for custody with Oklahoma family court. The case was dismissed and jurisdiction was granted to South Carolina. Brown eventually utilized the Indian Child Welfare Act to remove Veronica from her adoptive family on New Year’s Eve. The Capobiancos immediately appealed to the South Carolina Supreme Court.

After learning about the Capobianco’s case, the author of the law, former U.S. Senator Jim Aborzek of South Dakota, was quoted in Charleston’s daily newspaper The Post and Courier as saying this situation is “something totally different than what we intended at the time.” Additionally, he said, “That’s a tragedy. They obviously were attached to the child and, I would assume the child was attached to them.”

The adoption case caught national attention on New Year’s Eve when the Capobiancos were forced to hand over the toddler to Brown. The way the family court handled Veronica’s transfer sparked outrage from child advocacy and mental health communities around the country. Prior to the transfer, the 2-year-old had never met Brown. He refused offers for a transition period, placed the toddler in a pick-up truck and drove more than 1,100 miles from the only family the child had ever known.

Oral arguments were heard on April 17. The court hearing was closed to the public. All parties involved in the case remain under a gag order until clearance from their legal team.

Contact: Jessica Munday

jessica@trio-solutions.com

843-708-8746

Washington DC, July 11, 2012 – BEST ICWA MEETINGS EVER!

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Jul 262012
 

Dr. William B. Allen and Sage I apologize that it took over a week for me to get this letter out to you. The meetings we had in DC this month were the best ever . I want to tell you that so much prayer went into this – and the answers to prayer were amazing. Not only did God give Grace for the compelling and intelligent discussions we were able to have, but He provided for so many to be able to come. Even when I felt discouraged and reluctant to go, God wouldn’t allow me to stand in the way of what he has put together. He is truly worthy of praise in this.

Further, I give credit and am so grateful for the many people who have come on board in the last six months, concerned about what happened to little Veronica and not wanting it to happen again to any other child. We mourn the horrific abduction that our government allowed to happen to a defenseless two-year-old – and are amazed by the attention it has brought to this insanity called the Indian Child Welfare Act. Veronica is not alone. As you and others have talked about her – other parents have come forward and told how the same thing has happened to them. Further, the Cherokee Nation has admitted that they have over 100 attorneys targeting 1500 children this year.

Further, – the New York Times published a horrific story about the Spirit Lake Reservation just two weeks ago. A few days later, another story, this time involving the death of an infant

While not every reservation handles their children in the way that Spirit Lake has, way too many do. Nothing in that story surprised me – it echoed the many things I myself have seen on my husband’s home reservation.

ABOUT DC:

 

Attorney Mark Fiddler gave a powerful presentation on the ICWA law and how and why it must be changed. He went through the notable problems with the law and gave clear instruction on what must be done to protect the children. Several family stories were told – including the Belfords, the Helmholz, and the Anderson’s.

Johnston Moore also gave a wonderful presentation on the problems ICWA has caused families, and Melanie Duncan did a very well researched presentation on attachment issues – and how, surprise, surprise, children of tribal heritage are no different than any other child in the world.

Dr. William Allen introduced Sage DesRochers, who as a thirteen-year-old was forcibly removed from the only home she knew & loved, and placed with her birth mother on the reservation. She spoke about the trauma she went through and the relief she had when she was finally “released” (her words) from the reservation a couple years later and allowed to return to her chosen family. To this day, twenty some years later, she is upset by what the gov’t and ICWA put her through. She asked her adoptive mother (her ONLY mother, says Sage) to join her on this trip to DC.

I told how my husband and I, as parents and granparents of enrolled children, have been affected and hurt by the Indian Child Welfare Act. Jessican Munday did an awesome job MC’ing and organizing the event

Again – this is about the right of individuals to determine their lives – not governments. Most tribal members have left the reservation system. Some move away but choose to continue close relationship with tribal gov’t. Many other persons – with both large and small amounts of tribal heritage – choose NOT to raise their own children within the limited cultural perspective that some tribal gov’ts and other entities define.

Many of us, knowing that our children are multi-heritage, choose to raise and teach our children within other world views, with knowledge of and appreciation for the wide diversity of culture here in the U.S. Many of our children, as American citizens, feel most comfortable within mainstream American culture, working and learning along side all other diverse American citizens. They appreciate ALL of their varied heritages. Neither tribal nor federal government have a right to dictate what culture should be most important to our children and grandchildren.

In the words of Dr. William Allen, Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights,

“… we are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…”

THANK YOU ALL FOR YOUR ENCOURAGEMENT AND SUPPORT! We could not be do this without you!!

Please continue to press in on our Congressmen – they need to hear your voice!!

CONTACTS:

Senator Akaka: Chairman of Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, Hawaii

CONTACT: Lotaka_Baptiste@akaka.senate.gov

Senator Inouye: Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, Hawaii

CONTACT: Kawe_Mossman@inouye.senate.gov

Senator Barrasso: Minority Leader; Senate Committee on Indian Affairs (Very interested in ICWA), Wyoming

CONTACT: Travis_McNiven@barrasso.senate.gov

Senator Crapo: Senate Committee on Indian Affairs, Idaho

CONTACT: Kathryn_Hitch@crapo.senate.gov

Senator Johanns: Senate Committee on Indian Affairs, Nebraska

CONTACT: Ally_Mendenhall@johanns.senate.gov

Senator Cantwell: Senate Committee on Indian Affairs, Washington State

CONTACT: Paul_Wolfe@cantwell.senate.gov

Senator Johnson: Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, South Dakota

CONTACT: Kenneth_Martin@johnson.senate.gov

Senator Conrad: Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, North Dakota

CONTACT: Jayme_Davis@conrad.senate.gov

Senator Hoeven: Senate Committee on Indian Affairs, North Dakota (helped with Teach-In)

CONTACT: Ryan_Bernstein@hoeven.senate.gov

Senator Murkowski: Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, Alaska

CONTACT: Kristi_Williams@murkowski.senate.gov

Senator Tom Udall Senate Committee on Indian Affairs, New Mexico

CONTACT: Fern_Goodhart@tomudall.senate.gov

Senator McCain: Senate Committee on Indian Affairs, Member of Congressional Coalition on Adoption, Arizona

CONTACT: Nick_Matiella@mccain.senate.gov

Senator Franken: Senate Committee on Indian Affairs, Minnesota

CONTACT: http://www.franken.senate.gov/?p=email_al

Senator Tester: Senate Committee on Indian Affairs, Montana

CONTACT: Mark_Jette@tester.senate.gov

_________________________________________

Senator Landrieu: Co-Chair of Congressional Coalition on Adoption, Louisianna

CONTACT: Libby_Whitbeck@landrieu.senate.gov

Senator Inhofe: Co-Chair of Congressional Coalition on Adoption, Oklahoma

CONTACT: Ellen_Brown@inhofe.senate.gov

Senator Coburn: Former Member of Senate Committee on Indian Affairs (Very interested), Oklahoma

CONTACT: Michael_Schwartz@coburn.senate.gov

Senator Demint: Member of Congressional Coalition on Adoption, South Carolina

CONTACT: Laura_Evans@Demint.senate.gov

House Committee for Indian Affairs

Chris.Fluher@mail.house.gov – 202-225-2761

Honorable Representative Don Young – Chair, Subcommittee on Indian/Alaska Native Affairs

P 202-225-5765, F 202-225-0425, (From the State of Alaska)

CONTACT: Mary.Hiratsuka@mail.house.gov

Honorable Representative Tom McClintock – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2511, F 202-225-5444, (From the State of California)

CONTACT: Kristen.Glenn@mail.house.gov

Honorable Representative Jeff Denham – Subcommittee on Indian/Alaska Native Affairs

P 202-225-4540, F 202-225-3402, (From the State of California)

CONTACT: Ryan.Henretty@mail.house.gov

Honorable Representative Dan Benishek – Subcommittee on Indian/Alaska Native Affairs

P 202-225-4735, F 202-225-4744, (From the State of Michigan)

CONTACT: Tad.Rupp@mail.house.gov

Honorable Representative Kristi Noem – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2801, F 202-225-5823, (From the State of South Dakota)

CONTACT: Renee.Latterell@mail.house.gov

Honorable Representative Paul Gosar – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2315, F 202-225-9739, (From the State of Arizona)

CONTACT: Kelly.Ferguson@mail.house.gov

Honorable Representative Raul Labrador – Subcommittee on Indian/Alaska Native Affairs

P 202-225-6611, F 202-225-3029, (From the State of Idaho)

CONTACT: Jason.Bohrer@mail.house.gov

Honorable Representative Dan Boren – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2701, F 202-225-3038, (From the State of Oklahoma, 2nd Dist.)

CONTACT: Hilary.Moffett@mail.house.gov

Honorable Representative Dale Kildee – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2611, F 202-225-6393, (From the State of Michigan)

CONTACT: Erin.Donar@mail.house.gov

Honorable Representative Eni F. H. Faleomavaega – Subcommittee on Indian/Alaska Native Affairs

P 202-225-8577, F 202- 225-8757, (From the Territory of American Samoa)

CONTACT: Leilani.metz@mail.house.gov

Honorable Representative Ben Lujan – Subcommittee on Indian/Alaska Native Affairs

P 202-225-6190, F 202-226-1528, (From the State of New Mexico)

CONTACT: @mail.house.gov

Honorable Representative Colleen Hanabusa – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2726, F 202-225-0688, (From the State of Hawaii)

CONTACT: Josh.Dover@mail.house.gov

Honorable Representative Ed Markey – Subcommittee on Indian/Alaska Native Affairs

P 202-225-2836, (From the State of Massachusetts )

CONTACT: Jennifer.Romero@mail.house.gov

_______________________________________________

Congressional Coalition on Adoption

Honorable Representative Michele Bachmann – Co-Chair, Congressional Coalition on Adoption

P 202-225-2331, F 202-225-6475, (From the State of Minnesota)

CONTACT: Katie Poedtke

Honorable Representative Karen Bass – Co-Chair, Congressional Coalition on Adoption

P 202-225-7084, F 202-225-2422, (From the State of California)

CONTACT: Jenny.Wood@mail.house.gov

New Book: Dying in Indian Country – An Amazing Family Story

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Jul 022012
 

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Dying In Indian Country - by Beth Ward

This is the true story of an American tribal member who, after coming to know Jesus Christ, realized just how much policies within tribal and federal government were hurting his extended family.

Roland grew up watching members of his family die of alcoholism, child abuse, suicide, and violence on the reservation. Like many others, he blamed all the problems on “white people.”

Beth Ward grew up in a middle class home in the suburbs. Raised in a politically left family, she also believed that all problems on the reservation originated with cruel treatment by settlers and the stealing of land. Meeting her husband, her first close experience with a tribal member, she stepped out of the comfort of suburban life into a whole new, frightening world.

After almost ten years of living with his alcoholism and the terrible dangers that came with it, they both came to realize that individual behavior and personal decisions were at the root of a man’s troubles, including their own. After coming face-to face with the reality of Jesus Christ, their eyes opened to the truth of why there is so much Dying in Indian Country.

What cannot be denied is that a large number of Native Americans are dying from alcoholism, drug abuse, suicide, and violence. The reservation, a socialistic experiment at best, pushes people to depend on tribal and federal government rather than God, and to blame all of life’s ills on others. The results have been disastrous.

Roland realized that corrupt tribal government, dishonest federal Indian policy, and the controlling reservation system had more to do with the current pain and despair in his family and community than what had happened 150 years ago.

Here is the plain truth in the eyes of one family, in the hope that at least some of the dying in Indian Country — physical, emotional, and spiritual — may be recognized and prevented.

Unfortunately, persistent public misconceptions about Indian Country, misconceptions sometimes promoted by tribal government and others enjoying unaudited money and power, have worked to keep the situation just as it is.

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  • “Roland truly has encouraged many people…the last trip to D.C. was a testimony to God’s faithfulness.Rev. Robert Guthrie, B.Th. M.A. –Professor, Vanguard College, AB
  • “…he earned my deepest respect, and…made heroic and very honorable attempts to improve the lot of Native Americans in this country.” Jon Metropoulos, Attorney, Helena, MT
  • “‘Dying in Indian Country’ is a compassionate and honest portrayal…I highly recommend it to you!” Reed Elley, former Member of Parliament, Canada; Chief Critic for Indian Affairs in 2000; Baptist Pastor, father of four native and metis children
  • “I truly admire Roland for the message he was trying to have heard.” Ralph Heinert, Montana State Representative
  • “He was a magnificent warrior who put himself on the line for the good of all…. I can think of no-one at this time in this dark period of Indian history who is able to speak as Roland has.” Arlene, tribal member
  • “…hope emerging from despair… This is a story about an amazing life journey.” Darrel Smith. Writer, Rancher, South Dakota
  • “He’s a Christian now you know… I saw him crying on his knees on my living room floor. I was there.” Sharon, tribal member
  • “…truly gripping, with a good pace.” Dr. William B. Allen, – Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights (1989)

Read More:

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Join Us in DC July 10-13, 2012

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Jul 022012
 

Capitol Building, Washington DC January 2011.

We are gathering in DC in July – Come Add Your Voice to the Call to Protect Children from the Indian Child Welfare Act!

Why?

  • To protect the individual rights of Indian children and their families
  • To ensure they maintain the right to a safe, supportive and stable family
  • To request support for appropriate amendments to the ICWA

While said to have been established with good intentions, the ICWA has frequently hurt families and their children of Native American heritage. Federal dollars are being used to support adherence to this law; however in many cases, the law is destroying loving, stable families.

Though proponents of ICWA argue that the act has safeguards to prevent misuse, numerous multi-racial children have been affected by it. Children who have never been near a reservation nor involved in tribal customs have been removed from homes they love and placed with strangers chosen by Social Services.

Other children have been denied the security of stable home life in preference for a series of foster homes.

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

July 10 – Arrive in DC

7 p.m.
Welcome and Kick-Off Reception at the Capitol Hill Suites
Remind everyone of purpose of visit ~ Lobbying Skills 101 ~ Our message to Congress ~ Q&A time

July 11 – Advocacy and Education Day

9-11 a.m.
Raise Awareness on Capitol Hill
~ Visit Legislative Offices
~ Pass out invitations to the afternoon teach-in/luncheon

12 p.m.
Luncheon
~ Invite legislators and staffers
~ Speakers: Johnston Moore and Mark Fiddler

1-4 p.m.
Impact of the ICWA ‘Teach-in’

~ Speakers:

Dr. William B. Allen, former Chair, US Comm On Civil Rights (1989), Emeritus Professor, Political Science MSU
Johnston Moore, national speaker, adoptive and foster care father, and advocate about adoption and foster care. He has personally battled ICWA and can speak from personal experience regarding his two sons.
~ Families share their stories

July 12 – Lobby Day for Amendments

Participants meet one-on-one with members of Congress.

July 13 – Lobby Day for Amendments

Participants meet one-on-one with Congressional offices.

For more information – please contact us at CAICW.org!

PLEASE SHARE THIS WITH FRIENDS AND FAMILY!
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PLEASE HELP ICWA families with expenses for the DC trip – DONATE NOW   🙂

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