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

 

 

 

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.

 

Haley Hernandez Reports on the Veronica Petition – 20,000 Signatures

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Jan 262012
 


Reporter Haley Hernandez followed @Save_Veronica to Columbia today, look who they spoke with about the Indian Child Welfare Act … http://ping.fm/MWk43

Delivering the Petition with 20,000 signatures to South Carolina leaders –

By: Haley Hernandez | WCBD

On New Year’s Eve, Jessica Munday watched helplessly as her close friends, Matt and Melanie Capobianco were forced to hand over their adopted little girl, Veronica, to her birth father.

Now Munday and Stephanie Brinkley (a Charleston adoption attorney) are on a mission to “save Veronica.”

“Rather than sit on the sidelines and just say ‘how sad’, I wanted to say ‘how sad, what can I do?’” Binkley said.

Tuesday they went from one government office to another, starting in Charleston and driving up to the State House in Columbia, delivering a petition from supporters of the organization.

Kathy Crawford, the district director at Congressman Tim Scott’s office said it’s a shock that this could happen to a family, “a child could be taken away from the only mom and dad that they’ve ever known and you know, we hope that the courts will do the right thing.”

The organization delivered the petition to lawmakers with more than 20,000 signatures. In an unscheduled visit, Governor Haley spoke with Munday and Brinkley and empathized with the Capobiancos.

“If you have a child you know that’s just like the precious part of your life and so my heart breaks for them, I will be happy to take this,” Gov. Haley said taking the petition. “The federal delegation and I communicate about a lot of things, because it is a federal issue doesn’t mean I can’t at least say “what are y’all doing about this?” so I’ll be happy to ask the questions, be happy to see what’s going on if anything.”

“I’m thankful that she was so receptive to us being there and so compassionate about what’s happened,” Munday said after speaking with the governor.

“This is a matter that affects the people they represent, it represents a South Carolina couple and a South Carolina child and that child needs to be heard so it’s great that they are receptive that we’re trying to be a voice for Veronica when she can’t represent herself,” Brinkley said about lawmakers listening to their concerns.

SaveVeronica.org is still taking signatures for their petition. Lawmakers said they will try to get a copy to the Senate committee that will hear the case.

——————————

My Question: When is the Senate Committee going to hear it? I doubt they have any plans to put it on their agenda – we will need to do lots of pushing to get it there – and lots more to get a fair hearing!

Someone on the ‘Save Veronica page’ asked what one would ask the President about ICWA if one had the chance. As a birth mother, I have had several questions. These are questions that my husband and I felt disturbed by ever since our children were small:

– “Mr. President, what part of the Constitution gave Congress the right to give jurisdiction over OUR children to another government when my husband chose to raise our children apart from that government, and I have had no part in that government?

– Why is it that if I should die, another government would have the right to take our children and place them in a home neither my husband nor I would approve of?

– Why is it that strangers within that government would have more right to raise my flesh and blood children than my flesh and blood brother or sister have?” –

The bottom line is – both my husband and I had always held that OUR Children were NOT the tribal government’s children – as the NICWA logo attests. They aren’t the federal government’s children, either.

My husband did not feel his reservation was a safe place to raise children and thus raised them elsewhere. Further, we are not alone. Many tribal members have left the reservations on purpose and taken their children with them. As U.S Citizens, we have a right to choose how and where we want our children raised. We had personally chosen the friends and family we would have liked to be guardians should the need arise.

The ICWA law is poorly thought out – stepping on the lives of U.S. Citizens in order to benefit tribal leaders, not children. Which is why it is continually misapplied and has been as hurtful as it has been to many children and families – and why there are so many parents writing to you on this page wondering why they aren’t getting help to keep their kids. They mistakenly believe that ICWA was actually meant to help them.

For those who are concerned that the Veronica case involves a birth father – let me clarify:

The adoption wasn’t finalized because the tribe had intervened, but M&M were ‘parenting’ Veronica from the moment she was born. They were at the birth. The bio-dad was not. Matt cut the umbilical cord – the bio-dad did not. Melanie stayed in a room at the hospital where she could parent/mother Veronica right away. The bio-dad did not. The bio-dad made no effort during the pregnancy or after birth to contact or support the mother, and made no real effort or request to see the little girl at any point in her life. She had never met him up until the evening she was handed over to him in the attorney’s office. The judge had allowed only ½ hour for Veronica to meet this man before he was free to take her. But it took two hours for the transfer to complete because she kept crying for M&M every time they tried to leave the room.

Matt and Melanie are the only parents she has ever known.

Had South Carolina law been applied to this case, the bio-dad would not have had any standing. By state law, he has essentially abandoned her and would not have had any parental rights. He had also signed a paper sometime after her birth giving up any claim to her. But after Veronica had been with M&M for four months, he changed his mind. And because he has a small percentage of Cherokee heritage, he was able to get the tribal attorney involved.

Veronica wasn’t the only one in tears. Matt & Melanie are emotionally devastated.

And this family isn’t a rare case. This actually happens quite often, especially when dealing with the Cherokee Nation; it’s just that for some unknown reason, this time it got attention. Read letters from more families – and how they were hurt by ICWA at https://caicw.org/family-advocacy/letters-from-families-2/ and watch the story of James on the CAICW YouTube Channel ~

This does not need to happen to another child. Please Call your Congressmen and tell them this has to stop.

Find information for contacting Congressmen at SaveVeronica.org

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Dec 212010
 

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

Senator-elect John Hoeven

Senator-elect John Hoeven

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

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

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

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

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

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

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

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

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

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

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

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

Thanks so much for your support!

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


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


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


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


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


TWITTER: http://twitter.com/CAICW


EMAIL: administrator@caicw.org

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Fighting ICWA? We are, too. Families Helping Each Other

 Comments Off on Fighting ICWA? We are, too. Families Helping Each Other
Nov 132010
 

The Christian Alliance for Indian Child Welfare (CAICW) is an advocate for  

Ebay's 'Mission Fish' - "Sell your Stuff and Support our Cause."

~ Support CAICW on Ebay ~

 children and families hurt by the Indian Child Welfare Act, an example    of misguided federal Indian policy.

There are Four things you can do today to help:


First, if you haven’t already, sign the petition on CAICW’s Cause page. 

CAICW will be taking it with to DC in January, and it will help show Congressmen that this is an important issue to many!


Second, donate through MissionFish whenever you use Ebay.  The Christian Alliance for Indian Child Welfare is Registered with MissionFish – a service through Ebay that helps nonprofits fundraise while buying and selling on ~ eBay.  Sellers can give part of their proceeds to a favorite nonprofit, and nonprofits can raise funds by selling on eBay too. Direct donations from eBay users can also be given through a ‘Donate Now’ feature, which lets anyone with a PayPal account donate right away without buying or selling anything.
http://donations.ebay.com/charity/charity.jsp?NP_ID=39005


Third, CAICW is sending out a snail mail newsletter this week. It includes anonymous excerpts from four letters families have written, information about the DC trip, a paper copy of the petition for you to share with non-internet friends, and potential draft legislation to share with your newly elected state legislators. If you would like a copy, please contact CAICW with your snail address. administrator@caicw.org

Fourth, Look for Draft legislation that you can bring to your State Legislator for the next session on the CAICW website: caicw.org ~ and bring it to them!  Hurry; they are putting together their plans for legislation right now!

Finally – for more information and to connect with other families who are struggling against ICWA, visit the CAICW FaceBook ‘Page:  http://facebook.com/fbCAICW.org  


Thank you so much for your support! God Bless you!
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