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

Sep 042013
 

Father and Daughter

Some wonder why Capobianco supporters don’t side with a father whose child is being taken from him. Some have even questioned the authenticity of Christians who would support the Capobiancos. (Forgetting that even Jesus was raised by an adoptive father.)

One must understand that many Capobianco supporters have been there since the day they first saw, either in person or on video, the horror of not only having one’s child taken, but –

1) taken without the benefit of a caring transition, and –

2) taken solely due to 1% heritage, (as the father’s admitted abandonment of the child would have prevailed otherwise.)

Just 1.12% heritage.

Since then, the Cherokee Nation has put on a show, shaking signs that claim “genocide” and claiming that “white people” are stealing “Indian” babies.

1.12% heritage.

If a C supporter brings up the 1% heritage, their statement is twisted and they are accused of racism – despite that it was the Cherokee Nation that brought the 1% into issue.

1.12% heritage.

As much as the Cherokee Nation, ‘Indian Country Today’, NICWA, NARF, and others want to spin it as a “citizen” issue – it is not spinning. Very few people – including many tribal members in Oklahoma and elsewhere – are falling for the “citizen” claim – especially when “citizenship” is being forced on children.

At 1.12% heritage.

Ardent supporters of the Cherokee Nation, either purposefully spinning for PR or snowed by their own rhetoric, fail to see how disgusted many others are by the claim that “white people” are stealing “Indian” babies.. Many Americans can see that claim for the dishonesty it is – but few have wanted to speak it. While it is okay for a tribal entity to speak in terms of race and percentages, it is deemed “racist” for anyone else to. But I will say what is on the hearts of many. This was no Indian Child being stolen by “White” people.

It was a Caucasian/Hispanic child, stolen by a tribe.

That is the bottom line.

As the Cherokee Nation continues to encourage and assist Mr. Brown in defying state and federal law, it is an overtly obvious fact. And that is why the Cherokee Nation and tribal governments in general aren’t getting the traction on their genocide spin (outside of  ‘Indian Country Today’) that they somehow thought they would.

When you are talking about OUR children – which this child was – NOT an Indian child – you should expect hostility when trying to claim that child as the Tribe’s.

AND if 60 more tribal governments attempt to lower their membership criteria – as 60 are talking about doing – to CN levels and begin to target children of minute heritage – as the Cherokee Tribe has – they should not expect to get sympathy. They should expect a strong push back.

They should expect push back because now, due to the Veronica horror – a whole lot of Americans who would have otherwise remained oblivious to the issue, have woken up to what is happening and are outraged by the ICWA stories they are hearing. Many now want ICWA to be repealed.

Americans’ are not buying the rhetoric that tribal governments should have jurisdiction over children of 1% heritage. It is hard enough to justify ICWA jurisdiction over a child who is 25% tribal heritage – as the child is still 75% another heritage. Even children of a parent who is 100% – such as my own – have a right to be free from tribal government jurisdiction. Even individuals of 100% heritage have a right to be free of tribal government interference in their lives and families – if that is what they choose.

So do we feel angry? Yup.

Is there a Christian purpose and righteousness in that anger? Absolutely.

– “And they were bringing children to him that he might touch them, and the disciples rebuked them. But when Jesus saw it, he was indignant and said to them, “Let the children come to me; do not hinder them, for to such belongs the kingdom of God. Truly, I say to you, whoever does not receive the kingdom of God like a child shall not enter it.” And he took them in his arms and blessed them, laying his hands on them.” (Mark 10:13-16 ESV)

Having raised nine tribal members, five of whom are my birth children, and seen much tragedy, child abuse, sexual abuse, suicide, and other horrors on more than a few reservations – and having an advisory board and membership of parents who have raised, adopted and witnessed the same – we know far too much about tribal governments seeking children for the federal dollars, then showing little or no interest in what happens to them once they have been “retrieved” for the tribe and placed with a member. We won’t be bullied or intimidated.

We have known of far too many kids abused in ICWA homes, and some even murdered.

(Don’t even try to argue that point with me; I had been an ICWA approved home myself for 17 years. I know how little the tribal social services paid attention.)

So, concerning this particular case, in summary – for those who are flabbergasted that we would not be supporting the father – understand this: from the get-go,

1) Mr. Brown has been seen as an extremely selfish man.

2) The Cherokee Nation has been seen as an extremely selfish organization – using this child as a political pawn.

What appalls us is that not only were Mr. Brown and the Cherokee Nation willing to hurt this child deeply the first time a transfer took place – by taking her without any concern for her need of a transition – but even worse, Mr. Brown and the Cherokee Nation are now willing to do it to her a 2nd time.

How in the world are we expected to sympathize with people who do that?

https://caicw.org/2013/09/01/taking-veronica-from-a-loving-father/

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare, columnist for Women’s Voices Magazine, and author of ‘Dying in Indian Country.’ http://dyinginindiancountry.com a dramatic true story of transformation and hope.

Court Rules in Adoptive Couple vs. Baby Girl; Clears Way to Finalize Adoption

 Comments Off on Court Rules in Adoptive Couple vs. Baby Girl; Clears Way to Finalize Adoption
Jul 182013
 

By Elizabeth Sharon MorrisAdoptive Couple vs Baby Girl

On June 17, 2013, the South Carolina Supreme Court gave Matt & Melanie Capobianco a victory in Adoptive Couple v. Baby Girl in remanding to Family Court for prompt entry of an order approving and finalizing Adoptive Couple’s adoption of Baby Girl.

The Christian Alliance for Indian Child Welfare is relieved that Veronica will be returned to the parents chosen by her birth mother, who, according to the SCOTUS, was the only legal parent and had sole right to decide her child’s best interest.

SCOTUS has confirmed that State law determining abandonment trumps the Indian Child Welfare Act. In doing this, the Court has slightly limited ICWA. This is a good first step in the effort to stop the hurt ICWA is causing children and families across the United States.

We have a long way to go to unshackle other families begging help. To meet their varied concerns, we need the “best interest of the child,” the rights of non-tribal extended family, the “Existing Indian Family doctrine,” and the wishes of all parents who reject tribal jurisdiction to be held in higher regard than the wishes and demands of governments. Our children are not chattel for tribal government.

CAICW continues to appreciate the June 25th concurring opinion of U.S Supreme Court Justice Clarence Thomas in his citing of the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute, concerning the unconstitutionality of the ICWA.

The Christian Alliance for Indian Child Welfare (CAICW) is both a ministry and advocacy group. CAICW has been advocating since February 2004 for families at risk of harm from the Indian Child Welfare Act (ICWA). Our advocacy has been both judicial and educational, as well as a prayer resource for families and a shoulder to cry on.

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare and author of ‘Dying in Indian Country.’ http://dyinginindiancountry.com/

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 142013
 

Baby VeronicaChristinna Maldonado chose Matt and Melanie Capobianco to love, nurture, and raise her soon-to-be-born child. The Capobiancos had long wanted to be parents and after seven failed in vitro fertilization attempts, made the decision to enter into an “open adoption” of Baby Veronica. On all accounts. Veronica was a happy, thriving, child residing in a stable, nurturing environment. To this day, Maldonado remains committed to her choice.

On or around Jan. 4, 2010, Dusten Brown, the biological father, signed away custody of his daughter in exchange for not having financial responsibility. Brown later changed his mind and sought custody of Veronica. Initially, due to South Carolina law, he was denied standing because he was considered an absentee father.

However, because he was 3/128th Cherokee heritage, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to Brown under the 1978 Indian Child Welfare Act.  Baby Veronica, only 1.12% Cherokee heritage, was ordered removed from the Capobianco’s care and placed in Dusten Brown’s custody. On Dec. 31, 2011, despite abundant evidence from child psychologists and attachment experts that removing toddlers from care-givers they’ve bonded to could cause long-lasting psychological damage, Veronica was handed over to her biological father.

Though supporters of ICWA say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S have been hurt by it – many of whom have never been near a reservation nor involved in tribal customs. Some opponents of ICWA question the motivation for seeking after children whose families have chosen to be disconnected from Indian Country. The Cherokee Nation alone had over 100 attorneys targeting some 1,500 children across the country in 2012. 

Now Veronica’s case has reached the highest level.  On February 26, 2013, the Christian Alliance for Indian Child Welfare filed an amicus brief with the United States Supreme Court in support of Matt, Melanie and Veronica. SCOTUS will hear testimony of the case on April 16th and will make a ruling by the end of the term in June 2013.

CAICW is asking the Supreme Court to reverse the decision made by the high court of South Carolina and return Baby Girl Veronica to the Capobiancos, family chosen for her by her birth-mother. The statutory and constitutional issues addressed in this case impact the equal protection, due process, liberty, and state rights provisions of children in need of care. A child’s best interests should be considered in every child custody determination.  There is no presumption that residing with members of a child’s tribe is in the child’s best interests, particularly when the child is lives off the tribe’s reservation. Further, tribal governments lack inherent jurisdiction over nonmembers. Application of the federal ICWA to cases involving the parents who are not tribal members violates the equal protection provision of the U.S. constitution, even if a non-member parent lives within reservation boundaries.

If you have any doubts to the how justice should rule in this case – consider Christinna, who is 50% Hispanic (if her heritage isn’t important, but another persons supposed minute heritage is, isn’t that….racism?

SHE was the one in the position of being an unwed mother – told by the biological father that he was not going to help support the baby she was carrying. No one else in this case was in that position. (But if what she went through isn’t important, but the father’s belated “pain” is, isn’t that….sexism?)

Then imagine if this had been your daughter, sister, or niece who had made the mistake of sleeping with a man who later refused to help with a child.  Now pay attention.  This man appeared to be Caucasian.  So at some point he mentioned that he has Cherokee ancestry. However, in the time your daughter was with him, he never made an issue about being Indian, practiced anything traditional, or gave any cause to assume he was anything other than the myriad other Caucasians across the United States who claim to have Cherokee blood. Yes, those people of minute heritage who many tribal members of significant heritage mock  as “wannabe” Indians.

Now, imagine you and the rest of your family had supported her decision to move ahead with adoption and helped her find a good home for this child.  Then imagine a tribal government coming in weeks, months or years later, and telling the courts that this man has 3/128th heritage, and based on this tiny bit of blood quantum, this man many tribal members would have mocked if it weren’t for Veronica –  is now “Indian” and they are there to invalidate the decision your family had made.

What the Cherokee Nation is pushing for and the South Carolina Supreme Court erroneously overlooked – is that any woman, of any heritage, who sleeps with any man of any apparent heritage – even a one night stand – CANNOT go ahead with an adoption without somehow ensuring that this man does not have a smidgen of tribal heritage.

WHAT does this kind of ruling do for the rights of women – of unwed mothers?  What kinds of hoops will teenage girls now have to go through if the Supreme Court rules for the tribal governments? Where is the outrage from women’s groups over this case?

And yet – no one would say a thing of she opted to abort her baby instead.  The tribal government wouldn’t – couldn’t stop her from doing that.   Just consider the ramifications of a tribal government victory in this case.

Our Families are NOT Chattel for tribal governments – no matter how many claim them to be.  As parents, we will continue to fight for full rights and freedom for our families – every one of whom is a United States Citizen – even if this Supreme Court makes the wrong decision.

In the words of Dr. William Allen, former Chair, US Commission on Civil Rights (1989) & Emeritus Professor, Political Science MSU, “… 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…”

 

PLEASE REMEMBER TO PRAY NOW THROUGH TUESDAY – for Veronica, her parents, and all involved with this important decision.

 

Elizabeth Sharon Morris is Chairwoman of the Christian Alliance for Indian Child Welfare and author of ‘Dying in Indian Country: A Family Journey From Self-Destruction To Opposing Tribal Sovereignty.”

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!

 

Voting for Welfare of Russian children while turning backs on U.S. Children?

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Jan 032013
 

by Elizabeth Sharon Morris

Late Tuesday night, January 1st, 2013, the U.S. Senate unanimously passed S. Res. 628, expressing disappointment over the Russian law banning adoption of children by American citizens.

Senator Inhofe, one of the two Senate Co-chairs of the Congressional Coalition on Adoption, and a wonderful supporter of children and families, rightly stated,

“It is extremely unfortunate and disheartening that the Russian Duma and President Putin would choose to deprive the children, the very children that they are entrusted to care for, the ability to find a safe and caring family that every child deserves…It is nothing more than a political play…that ultimately leads to greater hardships and more suffering for Russian children who will now be denied a loving family.”

In addition, earlier this month, the Congressional Coalition on Adoption Members sent a bi-partisan letter to President Putin urging him to veto the legislation, stating,

“We fear that this overly broad law would have dire consequences for Russian children…Nothing is more important to the future of our world than doing our best to give as many children the chance to grow up in a family as we possibly can.”

The vote in support of Russian children was unanimous by the SenateThe CCA, Senator Inhofe and many others are correctly speaking up for these children and families. Many in the CCA are also correctly concerned – for the very same reasons – about children of native heritage here in the United States.

However, while ALL the Senate Committee on Indian Affairs members voted for this resolution preventing adoption of Russian children – several members of the Senate Committee on Indian Affairs continue to uphold similar ‘Putin-like’ legislation preventing adoption of American children.

Take the statements above and replace the word “Russian” with the word “Indian” and it fits our argument against the Indian Child Welfare Act exactly.

Further – speaking as the birth mother of several enrollable children – I need to stress that while the argument against ICWA is important for adoption, it is also important to many birth families who don’t wish to have tribal jurisdiction and control over their own children.

Children who had never been near a reservation nor involved in tribal customs, some with extremely minimal blood quantum – as well as some with maximum quantum – have been removed from homes they know and love and placed with strangers chosen by social services.

Facts to note: 75% of U.S citizens with tribal heritage live OFF the reservation. This includes many of 100% heritage who choose not to be involved with the reservation system. Some have moved away purposely because many reservations are not safe places to raise children. Others have never lived on a reservation. MOST enrollable citizens have less than 50% tribal heritage and are connected to their non-native relatives, some not having been connected to the reservation system for a couple generations.

Although it has been felt that the Indian Child Welfare Act has safeguards to prevent misuse, stories affecting multi-racial families abound across America. Letters from tribal and non-tribal birth parents, extended family, foster parents and pre-adoptive families can be read at https://caicw.org/family-advocacy/letters-from-families-2/

In the words of Dr. William B. 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…”

Consider calling your Senators, and while thanking them for voting for S. Res. 628, ask them to support the rights of children and families of Native American heritage as well.

 

FIND YOUR SENATOR’S CONTACT INFO

 

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

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

Consider a Tax-Deductible End-of-Year Donation

 Comments Off on Consider a Tax-Deductible End-of-Year Donation
Dec 242012
 

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First of all, I want to thank you for your faithful support. Over the years, CAICW has helped many people, but that doesn’t mean we ever forget anyone who has helped make that possible. You are one of those people. It doesn’t matter whether you have given $5 or $5,000 in the past—it takes all kinds of thread to make a quilt.

A quilt—a patchwork of material sewn together into a blanket—what an apt comparison to what we do here at CAICW. Families whose lives have been ripped apart, made whole again through the generosity of people like you.  Families like those of Matt & Melanie Capobianco, the parents of baby Veronica.

CAICW first heard about Veronica’s situation in late summer of 2011. At the time, we were organizing a Washington DC ‘Teach-in’ for October 2011. Through cash and in-kind donations, we were able to raise the money needed for the event and Melanie was invited to join us and speak to Congressmen about the impending tragedy.  Later, in January 2012, “Save Veronica” became an official  fundraising campaign of the Christian Alliance for Indian Child Welfare.  Together, with your help, well over $40,000 was raised for their legal fees.

Which brings me to the main point of this letter.  Please consider a Tax-Deductible End-of-Year Donation

  • The “Save Veronica”Campaign – currently appealed to the United States Supreme Court.
  • Legal Fund for additional families in need
  • The Roland J. Morris Sr. Home, and regular operating expenses to maintain communications.
  • Washington DC trip: Educating new and old Congressmen in DC, February 4-8, 2013 – 6 weeks away.

If your heart leads you to do so, please consider an additional gift to any of the projects outlined here. The children and families affected thank you

If you’re online, go to our website https://caicw.org/donate-now/ and click on the “Donate Now” button to make sure your donation counts toward the double impact.

You can also send a donation by mail to:

CAICW
PO Box 253
Hillsboro, ND 5804

Once again, thank you for your continued support, and know that the Capobianco’s and many families like theirs would not have the legal funds they need were it not for you.

The Roland J. Morris Sr. Home
In response to the needs, experiences and tragedies we have witnessed in our own families, the CAICW seeks to open a Christian, long-term care home (One year to 18 months) that will reach out to parents and grandparents in pain from addictions. The goal is to offer the love of Jesus Christ and assistance for families to grow to health. We will also offer tools and knowledge for them to gain employment and perfect their parenting skills. Our vision is to pattern the home after Teen Challenge, but also allow families to bring their children along so that everyone stays connected and learns together a new and better way to live in a family setting. We have been discussing and praying about this vision for a long time. We welcome your ideas and donations as we feel the time is coming to bring this dream to fruition.

Ebay Auction Benefits CAICW
An adoptive mother who has been affected by the ICWA has adopted CAICW on ebay. To date, sales from her boutique have garnered us about $400. Her auction is on ebay, but you can also visit her on Facebook at: http://stores.ebay.com/safford-hall

Sincerely,

Elizabeth Sharon Morris
Administrator

ICWA is the REAL War on Women

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Dec 192012
 

As demonstrated by the “Save Veronica” case, this REAL War on Women comes in the form of the Cherokee Nation’s affirmation that single mothers of all heritages must fear tribal interference if they give a child up for adoption without knowing for certain whether the birth father has even a single drop of Cherokee blood.

During the Thursday, October 18, 2012 segment of the Dr. Phil show, Cherokee Nation attorney Chrissi Nimmo refused to admit Veronica had only a drop of Cherokee blood, but she also didn’t deny it. She did not answer this question because she is well aware of the implications…she knows people will be stunned at the realization. Instead, Ms. Nimmo tried to make the argument that the issue is not about blood quantum or how a child looks, but that they have a right to be part of the Cherokee tribe. The real issue is the fact that with the help of the ICWAthis “right” is being forced on not only this child, but also many children and families all across the U.S.

This argument, and the law, ignores many basic Constitutional rights. Not all enrollable individuals WANT their children to be forced into political affiliation with tribal government, and not all enrollable or enrolled parents want their children to be raised on or near a reservation. In fact, manyenrolled fami-
lies have purposefully made a choice to raise their children outside the reservation. Is it the tribe’s right, or the individual parent’s right to choose where to live and raise their children?

The following example illustrates how the ICWA is negatively affecting the
decisions and rights of enrolled tribal members. At a home for unwed mothers in Bismarck, South Dakota, several enrolled women told State Representative Lee Kaldor that even though they wanted to give their babies up for adoption, they were afraid that tribal government would interfere. Although they honestly didn’t feel they were able to properly raise and nurture their babies, they decided against adoption because they wouldn’t have the right to make decisions on behalf of their unborn babies. With adoption not an option, some of them contemplated abortion.

Interestingly enough, tribal governments don’t interfere in a mother’s decision to have an abortion, but they are increasingly interfering in the rights of a mother tochoose adoption, and placement of their children.

Ms. Nimmo’s argument also ignores the rights of the Latino birth mother in question, and ANYmother of any race who chooses adoption for their child. While it’s bad enough that enrolled Indian mothers don’t feel a freedom of choice in deciding what is best for their children, the Veronica case illustrates how a Hispanic mother, who was carrying a child with only a tiny percentage of
tribal heritage, had her rights and wishes superseded by a tribal government.

What a nightmare for any pregnant single mother contemplating adoption—a minute amount of known, or potentially unknown, Indian heritage gives a tribal government the legal right to interfere.

A further example of how the ICWA is negatively affecting women’s rights is the increasing trend of tribal governments moving to exercise their right to adjudicate in custody hearings.  Because of the ICWA, a tribe has the right to have representation at all custody hearings involving offspring of children of enrolled members, even if the child is not enrolled, or only has a small
percentage of Native blood. In many cases, the custody hearings are required to be held in tribal court, even at some distance from where the child is currently residing. The non-Indian parent is stripped of their rights to an unbiased hearing because they are not permitted access to council of
their choice. In at least one case, a non-Indian mother was threatened with bodily harm by the tribal judge and police, and by order of the judge, her young daughter taken from her and placed with an abusive father.

Congress passed the ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under the ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a
member of, or eligible for membership in, a federally recognized tribe.
The real question now is whether the ICWA is really working to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families,” or whether the law is being abused to protect ONLY the best interest of tribes, and in doing so is denying both children and adults equal protection and representation as provided under the U.S. Constitution.

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

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

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

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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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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.

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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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Save Veronica Rose!

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Jan 122012
 

A terrible injustice that has occurred to a two-year-old South Carolina child named Veronica Rose and her adoptive parents. Two years ago Veronica’s Latina birth mother chose Matt and Melanie to love, nurture and raise her child. To this day, Veronica’s birth mother remains committed to her decision and Veronica has been a thriving, happy child residing in a stable, nurturing environment. On or around Jan. 4, 2010, the birth father signed papers agreeing to give up his daughter.

However, because Veronica has some Cherokee heritage from her birth father’s side of the family, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to her birth father. Because of a federal law known as the Indian Child Welfare Act, a family court judge ruled that she be immediately transferred to her biological father.


Psychologist who witnessed Veronica’s transfer comments on the detrimental effects –
Click Baby Veronica to hear an audio of the interview

The ruling placed the rights of the birth father and tribe above the best interests of this small child. Child-bonding experts agree that removing her from her home and family would be devastating and have long-lasting consequences. Numerous child psychologists stated this would be detrimental to any child. Yet on Dec. 31, Veronica was handed over to her biological father as if a possession without rights.

We believe that children need protection and should not be removed from loving, nurturing environments. We understand the premise of this law is to protect children; however, in Veronica’s case it has been used inappropriately.

Former U.S. senator Jim Abourezk (SD) authored ICWA. According to the Charleston Post and Courier, after reviewing Veronica’s story, Abourezk called the interpretation in this case “something totally different than what we intended at the time.”

“That’s a tragedy,” he said. “They obviously were attached to the child and, I would assume, the child was attached to them.”

According to the 2000 census, approximately 75% of people claiming to have American Indian or Alaska Native ancestry live outside the reservation. Further, interracial marriages are a fact of life. It is must be recognized that most children of heritage live off the reservation and have extended family that are non-tribal. Though supporters of the Indian Child Welfare Act say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S have been hurt by it. Children who have never been near a reservation nor involved in tribal customs are affected. The Cherokee Nation alone is currently tied up in about 1,100 active Indian Child Welfare cases involving some 1,500 children.

Tragically, under the Indian Child Welfare Act:

1) Some children have been removed from safe, loving homes and placed in danger
2) Equal opportunities for adoption, safety and stability are not always available to children of all heritages
3) 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 infringed upon.

We want more than anything for Veronica to be allowed to come home. As our elected representatives, we urge you to protect Veronica’s rights in all possible ways as well as make legislative changes that will prevent this from happening to any other child again. While we understand you are unable to interfere in court proceedings, we ask you to speak out on this issue and let your constituents know clearly where you stand. We also ask you to sponsor legislation and encourage fellow Congressmen to support the amending of the Indian Child Welfare Act to:

1. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
2. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
3. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
4. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

5. Include well defined protections for Adoptive Parents.
6. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.
7. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”

Save Veronica Supporters Worldwide
www.saveveronica.org
www.facebook.com/saveveronicarose
www.twitter.com/save_veronica

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Nov 222011
 

Washington DC Teach-In:

The goal of our meetings throughout the week in DC was to let people know what we are about and to invite them to the

Dr. William Allen, Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights (1989),

Dr. William B. Allen

Teach-in on Friday. We had wonderful speakers lined up for the event, including a mom who is on the verge of losing her daughter – a little girl of LESS than 1% heritage.

After years of practice, we’ve finally figured out that taking four days to visit Congressional offices is way to go. Monday, we focused on the Hart building, with some in Dirksen. Tuesday, Rayburn. Wednesday, Russell and Dirksen, and Thursday, Cannon and Longworth. LOTS less running around and back and forth, and we were able to take time to bop into various extra offices in between the scheduled meetings. We’ll make this into a science yet – (well, I suppose it was already made into an art by lobbyists long ago)

Sarah and I had four meetings scheduled the first day, Monday. While listing names and associations might seem dull, I want to give you all the information so you can make personal decisions about whether or not to contact someone. If you would like me to write more about my poor choice in motel, having to spend $30 in taxi fees a day just to get to a Metro station, or what it is like to ride the underground metro after the taxi driver letting you off tells you that he would never allow his mother to wait at this particular station alone, just let me know.

We began our day with Kawe Mossman-Saafi in Senator Inouye’s office. Senator Inouye (Hawaii) is on the Senate Committee on Indian Affairs (SCIA) as well as the ‘adoption caucus’ – the Congressional Coalition on Adoption (CCA). The meeting with Ms. Mossman-Saafi went well. She had been unaware of these things happening to children under the Indian Child Welfare Act, was very kind and interested, and agreed something needs to be done.

We next met with Kathryn Hitch in Senator Crapo’s office (Idaho), who is also on the SCIA.  This meeting also went well and she told us she would be coming to the teach-in on Friday.

We had a little time before the next meeting, so we dropped into Senator Bingaman’s office and visited with Casey O’Neil. If you live in New Mexico, please call him and tell him about ICWA. He was very nice but needs some help understanding the issue.

Jayne Davis was the aide for Senator Conrad, ND. (SCIA & CCA) She read up on us before hand and had a good idea of why we were there. She was very friendly and agreed to come on Friday.

We thought we had good meeting with Kenneth Martin and Sarah Butrum in South Dakota Senator Tim Johnson’s office (SCIA & CCA). Although he said there is no stomach in Congress to change ICWA, he assured us that either he or his aide, Sarah, would be at the Teach-in on Friday.

That day we also made unscheduled visits to the offices of Senator Akaka (SCIA & CCA), Lieberman (CCA), Rubio, Barrasso (SCIA), Murkowski (SCIA & CCA), and Franken (SCIA).

The aide for Senator Barrasso (WY),Travis McNiven, was extremely friendly and surprisingly apologetic. He said he had intended to get hold of us for an appointment but hadn’t had a chance. He was glad that we had stopped in and asked us to send him a legislative draft, which I did when I got back to the motel that evening.  Senator Rubio’s aide, Jonathan Baselice was also very friendly.

In all, we went to eleven offices on Monday. At a few of the unscheduled visits, there was no aide to meet with so we briefly explained that the Teach-in is an opportunity to discuss the ICWA problems as a community, and then left some information and an invitation to the event.

We started Tuesday meeting with Michele Bachmann’s staff at 10am. Rep. Bachmann’s office is extremely supportive of our efforts and has said they will co-sponsor legislation that will protect children better. Katie Poedtke was our contact this day, and gave us the list of members of the adoption caucus (CCA), which was great to use for unscheduled visits. Rep. Bachmann co-chairs the CCA.  She is not, however, on the House Subcommittee on Indian/Alaskan Native Affairs (SIANA)

We stopped in at offices for Rep’s Don Young (SIANA), Denny Rehberg, Dan Boren (SIANA), Dale Kildee (SIANA), Ed Markey (SIANA) and Jim Sensenbrenner (CCA).

On Wednesday it was back to the Senate offices. This was our day to meet with Senator Hoeven’s staff.  They had been very helpful in assisting us to set up the Teach-in and were very attentive during our this meeting. Deputy Chief of Staff Ryan Bernstein asked several very good questions about ICWA. Sara Egeland, our contact for setting up the Teach-in, was also at there.

Unscheduled visits included Senator’s Burr (CCA), McCain (SCIA & CCA), Snowe (CCA), Blunt (CCA), Rand Paul, and John Thune (CCA). Per the request of one mom, we made sure to drop a packet of letters for her Senator, Jim DeMint (SC).  He is also a member of the CCA.  I was able to meet with Senator Inhofe’s aide, Ellen Brown, briefly.  Senator Inhofe (OK) is another co-chair to the CCA. Ms. Brown was very nice, as was John Zimmer from Senator Mike Johanns’ office (NE) (SCIA).

The one that surprised me the most was Jackie Parker, from Senator Carl Levin’s office. (MI) (CCA).  She was very glad we dropped in but was in a hurry to another meeting, so asked me to walk with her and tell her more about the issue.  She wants to stay in contact and asked for ideas and potential tweeks to the law.

Senator Coburn’s Chief of Staff, Mike Schwartz was incredibly welcoming. He remembered us from our visit in 2007 and was still just as supportive. Mr. Schwartz urged us to visit Senator Landrieu’s office as well. He said that not only is she a co-chair for the CCA, she is a wonderful person and a good friend of his.  I stopped by her office and picked up contact information for a couple of her aides.

One of our Mom’s flew in Wednesday night with her son. Debra had lost a 2-year old to ICWA a few years ago. So we started Thursday with a meeting with her Senator, Maria Cantwell. (WA) (SCIA). Senator Cantwell’s aide, Paul Wolfe, was wonderful and we look forward to corresponding with him more.

We then visited with Todd Ungerecht, an aide to a Representative from Debra’s State.  Rep. Doc Hastings (WA) is the Chair to the Natural Resource Committee, which the House Indian Affairs is a subcommittee of. He was very good to meet with.

At this point, Sarah took Debra and her son sight seeing, and I went on to my Representative’s office, Rick Berg.  There I met with Danielle Janowski. Rep. Berg’s office has got to be the one most on the ball on Capitol Hill, because they had a Thank You card already in my mailbox by the time I got home.

While waiting for another parent, Johnston Moore, to arrive for a meeting with his Representative, I dropped into as many additional offices as I could, including the offices for Rep’s Benishek (SIANA), Gosar (SIANA), Flake, Thompson, Hunter, Denham (SIANA),  Lujan (SIANA), Hanabusa (SIANA), and Speaker John Boehner. I simply explained that we wanted to start a conversation about what is happening to children and families affected by ICWA as well as leave some information.

The staff person for Representative Kristi Noem of South Dakota was not as welcoming this time as she had been last January.  She basically told me that pushing for a change in the ICWA right now would be too difficult. I was very disappointed as their office had seemed so helpful the last time we had been there.  It is important for us (especially families from South Dakota) to continue speaking to Rep. Noem about this as she is on the SIANA. It could be that the NPR series on ICWA, which aired the very week we were in DC and was very condemning of South Dakota’s foster care system, has frightened them.

We had good meetings in the offices of Raul Labrador (SIANA), Tom McClintock (SIANA), and an interesting one in the office of Karen Bass (Co-chair of the CCA).

By Thursday evening, we had visited the offices of every member of the Senate Committee on Indian Affairs, every member of the House Committee on Indian Affairs, and many of the members of the adoption caucus. I went in to several additional offices as well, just to tell the front desk about the Teach-in, why we are having it, and inviting members of their staff to come – especially if I thought that particular Congressman had a heart for the Constitution.

Now the five of us walked a couple blocks to one of our favorite restaurants, a deli called “Cosi,” and enjoyed getting to know each other a little better.  We’ve spent years talking on the phone and had never before met face-to-face.

Waiting for the taxi to come to take us to Capitol Hill the next morning – my stomach was tied up in knots. “Lord Jesus, please be with us as we speak and interact with our guests. Help us to remember that this is all about you – not about us – and all we want is what You want – to care for the children. Lord, in the name of Jesus, please help us to speak as we ought to speak, with wisdom and grace… Amen”

Friday’s presentation was wonderful. The information given by Dr. Allen, Yale Lewis, Johnston Moore, and the mothers who came to tell their stories, Debra and Melanie, was incredible. I can’t say enough about the compelling effort and testimony given. Please keep Melanie and her family in prayer right now.

Congressman Tim Scott from South Carolina, Senator Hoeven from North Dakota, Congressman Faleomavaega from American Samoa, and Congresswoman Michele Bachmann of Minnesota all sent staff to attend the event. Jayne Davis from Senator Conrad of North Dakota also attended for a short time.  A representative from a national adoption council also attended and was very interested.

There were certain Legislative Aides who were quite interested during meetings earlier this week who had already told us they would be unable to attend. Senator Barrasso’s office, Senator Levin’s office, Senator Inhofe’s office, and Senator Tom Coburn’s office, in particular.

While disappointed in the low turnout, the message was phenomenal and we look forward to sharing portions of the video tape. People who hear the stories are always surprised this is happening to children and supportive of efforts to ensure their best interest. To get the attention of Congress, the rest of America needs to know what is happening. We are discussing ways to use the video tape to get the story out.

We have begun posting portions to YouTube. We also want to make a short version for use in churches and speaking events. The wrap up by Dr. Allen is particularly incredible. If you would like to share the video or portions of it in your area, please let us know. You might be able to decide better after we get a couple more things up on YouTube.  Again – if there is anyone that is able to help with this type of thing, we embrace volunteers.

Indian Children: Citizens, not Cultural Artifacts

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Sep 292011
 

Washington DC, Friday, October 28, 2011

Indian Children: Citizens, not Cultural Artifacts: Supporting the Best Interest of Children –

CAICW will be holdging an ICWA “Teach-In” Friday, October 28, 2011, 9am – 1pm, Senate Committee on Indian Affairs Hearing Room, Wash, DC.
The Indian Child Welfare Act was passed in 1978 in effort to help prevent Native-American tribes and families from losing children to non-Native homes through foster care and adoption. Though well-intentioned, the Act is now harming children all across the country as courts and tribes place culture and tribal sovereignty above children’s basic needs for permanency and stability.

Come hear real stories of children whose lives have been impacted by the Indian Child Welfare Act. Listen to legal experts and scholars discuss the constitutionality of an Act that limits placement options and delays permanency for many of our nation’s most vulnerable children.

The sessions will include:

Initial Overview – The Mandate of Congress
a. Enforce the 14th Amendment
b. First, Do no Harm
c. Remedy Past Injustices

Session 1. ICWA is unconstitutional –
a. Dr. William B. Allen, Emeritus Professor, Political Science, MSU, will discuss Cohen v. Little Six; Granite Valley v. Jackpot Junction, Kiowa v. United Technologies, Choctaw v. Holyfield, and more.

Session 2. Congressional Intent –
a. Attorney O. Yale Lewis will discuss the legislative history of the ICWA and the changing history of the federal / Indian relationship.

Session 3. Political Status Claims threaten Citizenship –
a. Panel of affected families will share their family experience
b. Case studies on coerced enrollment will be presented.

Session 4. Cultural Heritage is a Data Point in Adoption Cases, not a Trump –
a. Who Decides when a citizen is an Indian; can race be politically attributed?
b. Restoring best interests of child as a consideration in adoptions.

Keynote: Dr. William Allen – Why We Must Act Now

JOIN US in support of the ‘Best Interest’ of Children — and THANK YOU!!
CONTACT LISA at WRITEUS@CAICW.ORG

Learn More about How ICWA is Hurting Children!

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Aug 222011
 
Thank you for your continued support and prayers!!

Come join us for an ICWA “Teach-in” on FRIDAY, OCTOBER 28th, 9am to 1pm in the Senate Committee for Indian Affairs hearing room in Washington DC.

Dr. William B. Allen will be our main speaker and we expect the information and material offered to be exceptional. Dr. Allen is a Professor in Political Science, the former Chairman of the U.S. Commission on Civil Rights under Ronald Reagan, and a strong opponent of the Indian Child Welfare Act (ICWA)

Remember – the Christian Alliance for Indian Child Welfare (CAICW) is the ONLY national organization advocating for families who have lost or are at risk of losing children due to application of the Indian Child Welfare Act (ICWA) and has been advocating for families since 2004.

Feb 26, 2011— “We need help! This child will be dead in this woman’s hands. We feel the good fight to do what’s right but fear this child will be severely marred.”
April 7, 2011— “I have no were else to turn. My girls and i are in desperate need of help. If there is anyway you can help us please contact me as soon possible day or night…”
May 18, 2011—”our kids were taken yesterday. The pain is difficult to bear. We love these kids so much. This will be there third family placement since coming into foster care almost 2 years ago.”

ALL are welcome to come join and support us there. Come on Wednesday prior and spend a couple days visiting with the offices of your Senators and Representatives – and invite their staff to come attend the Teach-in!
Please share this post with friends and relatives that might be interested!

Also – We have SAMARITAN Discount cards available for sale to help with expenses  😉
Contact LISA at administrator@caicw.org if you would like one or would like a few to share some with friends!
Twitter: http://twitter.com/CAICW ( @CAICW )

DONATIONS NEEDED for Teach-in expenses! Thanks!!! 🙂   – Click this Link for direct donations to CAICW, a 501c3 non-profit

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Washington DC, January 2011

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Apr 122011
 
Dr. William B. Allen

This was by far the best visit to DC that we’d had yet. Our group, including parents from New Mexico, Wisconsin, Virginia, and S. Dakota, began Monday, January 24th with a meeting with Dr. William Allen, Emeritus Professor, Political Science, MSU, who broached the question as to whether the ICWA was intended for the best interest of the child or the best interest of the tribe. How is it being interpreted and enforced? He reminded us that tribal governments are accountable to Congress, which has plenary power over them. He then asked, “Has Congress, in passing the ICWA, taken the position of Pontius Pilate” – and essentially washed its hands of these children?

We can’t allow Congress to do that. We, as families, have been helpless before this law. Many families have had little opportunity to protect themselves or their children. This is about Constitutional rights – our Equal Protection.

Senator-elect John Hoeven

Senator-elect John Hoeven

We next met with the Chief of Staff for Senator Hoeven (R-ND), Don Larson, and his assistant, Kaitland. Senator Hoeven has been assigned to the Senate Committee on Indian Affairs. (SCIA). Mr. Larson felt this issue was something the Senator could “move forward” with.

We also met with Katherine Haley, Assistant to Policy for Speaker of the House, John Boehner (R-OH). She said that the speaker holds great importance to protecting families and that the Speaker can get behind this. She told us to push for committee hearings and reminded us that federal policy and oversight is a touchy subject.

While some of us were visiting the Speaker’s office, others visited with Senator Tim Johnson (D-SD), who is also a member of the SCIA. Those who visited his office were not confident that he would be helpful, and aides to Senator Kohl (D-WI): kept referring us back to the tribes, saying everything is up to them.

Aide to Rep Berg (R-ND), Patrick Buell, was very interested and said he would talk to a staffer friend of his on the Senate Committee on Indian Affairs – and he did. The friend called on Wednesday, February 3rd and was encouraging. He thought new hearings might be possible – if the new Chairman agreed.

Some of us began Tuesday, January 25th, with a meeting with Gary Bauer, of American Values.org. He urged us to find one person in the House and one in the Senate who will make this issue their cause – who will see it as an opportunity to become a real reformer. He also encouraged us to find a new Governor who isn’t afraid to make this issue a priority.

We next met with Clay Lightfoot, aide to Senator Coburn (R-Ok). Senator Coburn had been a long standing member of the SCIA up until this year when he was moved from the committee. Still, his office has had an interest in this issue over the years. Their interest continues despite having been moved from the committee.

Fern Goodhart, aide to Senator Tom Udall (D-NM), also on the SCIA, was less encouraging. She said there was little that can be done as the issue is up to the tribes and the Committee.

Rep. Kristi Noem’s office, (R-SD), was very welcoming and interested. We met with her aide, Renee Latterell. Brand new to Congress, Rep. Noem is a Teaparty conservative who has been assigned to House Committee on Resources and its subcommittee on Indian Affairs. Renee was VERY encouraging and said they would like to help.

Rep Michelle Bachmann’s aide, (R-MN), Reneee Doyle was also very kind and helpful. We told her that my children and grandchildren are all enrollable with the Minnesota Chippewas Tribe, and that the State of Minnesota had made it much more difficult for families such as ours when they passed a law three years ago forbidding judges to even consider whether or not a child or family is connected with the tribal community. She said she would do her best to talk to Rep. Bachmann, who is also a foster mom, about it.

On Wednesday, we met with Lea Stueve, aide to Senator Johnanns (R-NE)(SCIA): She wasn’t as encouraging and said that the issue is up to the committee.

John Fetzer, aide to Senator Conrad (D-ND)(SCIA), was very warm and interested. He said that new hearings are worth taking a look at “especially when it affects kids this directly.” He told us to keep in touch with him “if it’s not moving along as fast as you would like.”
Remember – As one Senate Aide told us: we need to get on the phone and preach this: ~ The welfare of children shouldn’t be political; it MUST be about the best interest of the child. We must remove “preference” for tribes and give strength to family. ~

UPDATE – Renee Doyle, Rep. Michelle Bachmann, aide, called two weeks ago and said that she has spent nights thinking about our meeting with her on January 25th. The story that she had heard from one of the mother’s with us had “broken her heart.” She wanted the mother to know that her story had not fallen on deaf ears, and that she was meeting with Don Young’s aide to talk about it. I gave her Dr. William Allen’s contact phone number to get some additional questions answered.

Letters from birth parents, grandparents, foster families, pre-adoptive families, tribal members and non-members can be read at: https://www.caicw.org/familystories.html

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