.
I am giving you the link to letters families have written us so that you can see what the Christian Alliance for Indian Child Welfare (CAICW) sees, read what CAICW reads, and understand what is happening to children and families right here in the US.
People tend to ignore the Indian Child Welfare Act, believing that it doesn't affect them and that the children really do belong... to the tribes.
But..that includes my children and grandchildren as well as the children, grandchildren, nieces and nephews of all the people that have written to CAICW, begging for help.
The fact is that in some cases, a child needs only a small amount of heritage for tribal gov'ts, who get more funding per head, to reach out and insert themselves into a child's life. Many families have told us that they never expected to ever have to deal with something like this.
And remember, CAICW is a very smal org with very little public presence. If all thse people have found them - how many more are out there that haven't? ~
http://www.caicw.org/familystories.html
.
Scores of multi-racial children are negatively affected by the Indian Child Welfare Act (ICWA) every year. Many are deprived of child protection equal to what is provided to other children.
NEED MORE INFORMATION on the INDIAN CHILD WELFARE ACT? - caicw.org/
JOIN CAICW ON FACEBOOK - facebook.com/fbCAICW.org
JOIN CAICW ON FACEBOOK - facebook.com/fbCAICW.org
Sunday, December 26, 2010
Encouraging letter from Adoptive Mom:
.
This letter below came on Friday. All identyfiying information has been removed -
It is great encouragement, especially since I keep kicking myself about the website (www.caicw.org) not being good enough!
Praise God for the Work He is doing! - and thanks to all our friends for helping us keep going -
Date: Fri, 17 Dec 2010 12:56:10 -0500 (EST)
To: administrator@caicw.org
Dearest Lisa,
I wanted to drop you a note the let you know we won our court case against the tribe .... We went to court in Aug. 2009 and in Sept. the judge ruled that the kids should stay with us. But, of course the tribe appealed his decision the day before the deadline... The State Court of Appeals heard the case... this year and ..they affirmed the judges decision. ... It cost us $10,000.00 and a lot of worry but we are finally proceeding with the adoption. Our family would like to thank you so very much for your organization and all the help it provides families like ours, without the information on your web site I don't know if our lawyer could have made such a good case using other state case law. You provide an invaluable service to children hurt by ICWA and God will lead you to do even better things. I received your newsletter yesterday and vow to get as many signatures as I can to sent back to you. I wish I could do more but I will pray for you everyday. If you want to know more or if there is anything I can do from here... please contact me. Our family is forever in your debt. Again, thank you for all you do, and have a Happy Holiday, WE WILL.
Sincerely,
- a very happy MOM
This letter below came on Friday. All identyfiying information has been removed -
It is great encouragement, especially since I keep kicking myself about the website (www.caicw.org) not being good enough!
Praise God for the Work He is doing! - and thanks to all our friends for helping us keep going -
Date: Fri, 17 Dec 2010 12:56:10 -0500 (EST)
To: administrator@caicw.org
Dearest Lisa,
I wanted to drop you a note the let you know we won our court case against the tribe .... We went to court in Aug. 2009 and in Sept. the judge ruled that the kids should stay with us. But, of course the tribe appealed his decision the day before the deadline... The State Court of Appeals heard the case... this year and ..they affirmed the judges decision. ... It cost us $10,000.00 and a lot of worry but we are finally proceeding with the adoption. Our family would like to thank you so very much for your organization and all the help it provides families like ours, without the information on your web site I don't know if our lawyer could have made such a good case using other state case law. You provide an invaluable service to children hurt by ICWA and God will lead you to do even better things. I received your newsletter yesterday and vow to get as many signatures as I can to sent back to you. I wish I could do more but I will pray for you everyday. If you want to know more or if there is anything I can do from here... please contact me. Our family is forever in your debt. Again, thank you for all you do, and have a Happy Holiday, WE WILL.
Sincerely,
- a very happy MOM
Tuesday, December 21, 2010
Meeting with Sen. Elect John Hoeven's Chief of Staff
.
At 7 am, Wednesday Dec. 15th, my 18-year-old son, Timothy, and I headed out to Bismarck to meet with Sen. Elect Hoeven’s Chief of Staff, Don Larson at 11 am. Although the sky was cloudy, the roads were clear. About half way into the trip, I became a little concerned as light flurries began. But the weather report indicated things should get better, so we kept going. From there, the roads varied between light snow-pack and wet. About an hour later, as I topped a slight hill, the bright red brake lights of a semi truck confronted me. Stepping on my brakes, our car began to slide on slick black ice. Pumping and counter turning, it began to fishtail. Not wanting to go into a spin, I avoided the semi and let us skid into the ditch.
Timothy says he’s just glad he wasn’t the one that was driving.
About a half mile ahead of us, a mini-van had spun out of control and flipped. To avoid hitting it, a semi jack-knifed and blocked the road. A second semi managed to stop, and that’s the one we came up behind.
I got out of our tiny Saturn, which was deep in snow and now pointing back east, and went to the road to wave the cars coming up the hill to slow down. Several drivers, seeing the wreck ahead of them, thought traffic would be stuck there for a couple hours. I have to admire North Dakota response. The police and a sanding dump truck took only minutes to arrive. The dump truck immediately assisted in moving the semi and managed to get it off the road. A path was cleared for traffic to move in less than fifteen minutes. It was amazing.
Unfortunately, we, the only car in the ditch, weren’t among the vehicles leaving.
By the time we were pulled out, it was too late to make the meeting. But I had called by quarter to and made arrangements for a conference call the next day.
So what of all the prayers people were praying for us concerning the meeting that day? Timothy and I are fine. The car is fine. Considering we could have ended up a fixture on the rear of a semi, that’s answer to prayer.
And – prior to the call the next day, I had a chance to relax and go over in my mind what I wanted to say… what I wanted Senator Hoeven to gain from this meeting.
I began by introducing myself and giving him my background as the wife and mother of enrolled members of the Minnesota Chippewa Tribe.
I stated the issue concerning us, and then said, “While the Indian Child Welfare Act is embraced by tribal government, it has hurt many multi-racial children and families across the United States.”
I then quoted from a parent letter, told him a couple stories, and went on from there. I had talking points in front of me, and was able to go point by point quickly and easily. No stuttering, no flusters. Mr. Larson was attentive and kind. The call went very well. I followed up with an email to him, thanking him for the call and attaching additional information for him, including our legislative draft.
Hmmm… Maybe I should do all our meetings by conference call…
Thanks so much for your support!
To help spread the word - Please also share these important links:
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://facebook.com/fbCAICW.org
Home Website: http://www.caicw.org
Cause page: http://www.causes.com/causes/537834
TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
.
At 7 am, Wednesday Dec. 15th, my 18-year-old son, Timothy, and I headed out to Bismarck to meet with Sen. Elect Hoeven’s Chief of Staff, Don Larson at 11 am. Although the sky was cloudy, the roads were clear. About half way into the trip, I became a little concerned as light flurries began. But the weather report indicated things should get better, so we kept going. From there, the roads varied between light snow-pack and wet. About an hour later, as I topped a slight hill, the bright red brake lights of a semi truck confronted me. Stepping on my brakes, our car began to slide on slick black ice. Pumping and counter turning, it began to fishtail. Not wanting to go into a spin, I avoided the semi and let us skid into the ditch.
Timothy says he’s just glad he wasn’t the one that was driving.
About a half mile ahead of us, a mini-van had spun out of control and flipped. To avoid hitting it, a semi jack-knifed and blocked the road. A second semi managed to stop, and that’s the one we came up behind.
I got out of our tiny Saturn, which was deep in snow and now pointing back east, and went to the road to wave the cars coming up the hill to slow down. Several drivers, seeing the wreck ahead of them, thought traffic would be stuck there for a couple hours. I have to admire North Dakota response. The police and a sanding dump truck took only minutes to arrive. The dump truck immediately assisted in moving the semi and managed to get it off the road. A path was cleared for traffic to move in less than fifteen minutes. It was amazing.
Unfortunately, we, the only car in the ditch, weren’t among the vehicles leaving.
By the time we were pulled out, it was too late to make the meeting. But I had called by quarter to and made arrangements for a conference call the next day.
So what of all the prayers people were praying for us concerning the meeting that day? Timothy and I are fine. The car is fine. Considering we could have ended up a fixture on the rear of a semi, that’s answer to prayer.
And – prior to the call the next day, I had a chance to relax and go over in my mind what I wanted to say… what I wanted Senator Hoeven to gain from this meeting.
I began by introducing myself and giving him my background as the wife and mother of enrolled members of the Minnesota Chippewa Tribe.
I stated the issue concerning us, and then said, “While the Indian Child Welfare Act is embraced by tribal government, it has hurt many multi-racial children and families across the United States.”
I then quoted from a parent letter, told him a couple stories, and went on from there. I had talking points in front of me, and was able to go point by point quickly and easily. No stuttering, no flusters. Mr. Larson was attentive and kind. The call went very well. I followed up with an email to him, thanking him for the call and attaching additional information for him, including our legislative draft.
Hmmm… Maybe I should do all our meetings by conference call…
Thanks so much for your support!
To help spread the word - Please also share these important links:
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://facebook.com/fbCAICW.org
Home Website: http://www.caicw.org
Cause page: http://www.causes.com/causes/537834
TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
.
Thursday, December 16, 2010
Beautiful Michelle hanged herself in a closet
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I respond: “You are right - the memories pain me, but even so, I do thank God for my life with Roland. He actually asked me before he died how I felt about our life together. And I actually had an answer ready—because I'd been thinking about it for awhile.
I told him that we had traveled from the Atlantic to the Pacific. We’ve lived in Canada and helped out at a Children’s home in Mexico. We’ve owned businesses and we’ve been on welfare. At times we had little or no food - and other times we ate at some of the finest restaurants. We have slept on dirty floors with dirty blankets in tribal housing, and we have stayed in upscale hotels on Capitol Hill in Washington DC and in Windsor, BC. I told him our life had been full. He seemed to relax into his pillow upon hearing me say it.
We felt just as comfortable talking to a drunk on Franklin Ave. as we did talking to a US Senator. I've called a US Senator looking for my husband, who was in his office at the time. The Senator made a real joke of it, as he handed Roland the phone, about how I can track him down anywhere. And...I've had an impossible time finding my husband on the reservation just after our son was born. No one would hand the phone to him then, as they were drinking with him.
A law professor and a state legislator both helped carry Roland’s casket. A retired US Navy Submarine officer carried Roland's body back to the reservation in the back of his pickup.
Who would I have been without all those experiences?
It's the truth, isn't it? Who would I have been if I had married an average man and lived with two cars and 2.5 kids in the suburbs? Really - would I even be a Christian right now? Because it was Roland that essentially led me to Christ.
And ...as I correspond with the various families that write to CAICW...how would I even begin to understand them and their fears if I hadn't been there myself? I am able to write two simple words that mean the world to them... "I understand."
And it is with that background: the birth mother to five members, the adoptive mother of one, the legal custodian of three, the step mother to four, and aunt to innumerable members of the Minnesota Chippewa Tribe - and as a former licensed Day care provider, foster care provider, as well as registered nurse - I am able to ‘withstand the barbs of the enemy’ and stand tall whenever anyone tries to call me a racist for speaking up on this issue.
I can unashamedly stand up and say what many others can't bring themselves to say - because I don't care what names they call me. And I can speak loudly. And I can help that no more children be treated as chattel for the benefit of a corrupt tribal government.
The idea some have that children "belong" on the reservation is racism at its core. It ignores who the child might factually be, who the child is connected to, what the child really wants and, importantly, what the child’s best interests are. It’s well known to everyone that the high school drop out rate, drug abuse, crime, fetal alcohol rate, child abuse, corruption, child neglect, sexual abuse, violence and suicide, etc. is so high on many reservations that no Congressman would ever willingly send their own child to live there...yet everyone is supposed to just go along with the lie that children of heritage must live with it because tribal and federal government say so. It’s not only insane but criminal.
I'm not going to diplomatically dance around so as not to step on toes. Kids are dying. Beautiful Michelle hanged herself in a simple closet, where all she had to do was stand up to save herself.
Others have died of overdose, accident, and violence.
So you are right. I have a job to do, and it is because of my life with Roland that I am able to do it.
- to be the loud-mouthed, angry witch that I am.
Bless you My Friends, you’ve been so good to hang in there with us through all these tough years.
Merry Christmas!
Read "Dying in Indian Country"
Letters from Families, asking for Help - Christian Alliance for Indian Child Welfare
“Lisa you can and are free. Free to go on, free to thank God for your life with Roland...free to learn from the craziness and free to take what you can and to leave the rest in God's hands.”How beautiful, wonderful, comforting those words are.
I respond: “You are right - the memories pain me, but even so, I do thank God for my life with Roland. He actually asked me before he died how I felt about our life together. And I actually had an answer ready—because I'd been thinking about it for awhile.
I told him that we had traveled from the Atlantic to the Pacific. We’ve lived in Canada and helped out at a Children’s home in Mexico. We’ve owned businesses and we’ve been on welfare. At times we had little or no food - and other times we ate at some of the finest restaurants. We have slept on dirty floors with dirty blankets in tribal housing, and we have stayed in upscale hotels on Capitol Hill in Washington DC and in Windsor, BC. I told him our life had been full. He seemed to relax into his pillow upon hearing me say it.
We felt just as comfortable talking to a drunk on Franklin Ave. as we did talking to a US Senator. I've called a US Senator looking for my husband, who was in his office at the time. The Senator made a real joke of it, as he handed Roland the phone, about how I can track him down anywhere. And...I've had an impossible time finding my husband on the reservation just after our son was born. No one would hand the phone to him then, as they were drinking with him.
A law professor and a state legislator both helped carry Roland’s casket. A retired US Navy Submarine officer carried Roland's body back to the reservation in the back of his pickup.
Who would I have been without all those experiences?
It's the truth, isn't it? Who would I have been if I had married an average man and lived with two cars and 2.5 kids in the suburbs? Really - would I even be a Christian right now? Because it was Roland that essentially led me to Christ.
And ...as I correspond with the various families that write to CAICW...how would I even begin to understand them and their fears if I hadn't been there myself? I am able to write two simple words that mean the world to them... "I understand."
And it is with that background: the birth mother to five members, the adoptive mother of one, the legal custodian of three, the step mother to four, and aunt to innumerable members of the Minnesota Chippewa Tribe - and as a former licensed Day care provider, foster care provider, as well as registered nurse - I am able to ‘withstand the barbs of the enemy’ and stand tall whenever anyone tries to call me a racist for speaking up on this issue.
I can unashamedly stand up and say what many others can't bring themselves to say - because I don't care what names they call me. And I can speak loudly. And I can help that no more children be treated as chattel for the benefit of a corrupt tribal government.
The idea some have that children "belong" on the reservation is racism at its core. It ignores who the child might factually be, who the child is connected to, what the child really wants and, importantly, what the child’s best interests are. It’s well known to everyone that the high school drop out rate, drug abuse, crime, fetal alcohol rate, child abuse, corruption, child neglect, sexual abuse, violence and suicide, etc. is so high on many reservations that no Congressman would ever willingly send their own child to live there...yet everyone is supposed to just go along with the lie that children of heritage must live with it because tribal and federal government say so. It’s not only insane but criminal.
I'm not going to diplomatically dance around so as not to step on toes. Kids are dying. Beautiful Michelle hanged herself in a simple closet, where all she had to do was stand up to save herself.
Others have died of overdose, accident, and violence.
So you are right. I have a job to do, and it is because of my life with Roland that I am able to do it.
- to be the loud-mouthed, angry witch that I am.
Bless you My Friends, you’ve been so good to hang in there with us through all these tough years.
Merry Christmas!
Read "Dying in Indian Country"
Letters from Families, asking for Help - Christian Alliance for Indian Child Welfare
Tuesday, December 14, 2010
Indian Kids treated like Second Class Citizens
.
Mickey came home an hour early from classes one day.
Later, Mickey confided that the Indian advocate had told him the following day, "Don't listen to Beth, all white people talk like that."
Many places do still treat kids of tribal heritage with lower expectations. Worse, the attitude is encouraged and propagandized by tribal government itself.
One tribal attorney in an Arkansas court just 3 yrs ago - while fighting to take 2 children from a safe, loving home where they were well-cared for and place them in an overcrowded, troubled (documented issues) home that had connection to the tribe - said that Indian children shouldn't be expected to live by "European standards." He said Indian children are used to sleeping on floors - and that was okay.
Who is he kidding? Why is tribal government allowed to make racist statements like that? I can tell you with absolute certainty that given the choice, every single child I raised, as well as every relative child that I know, would choose a good bed over a floor. What a bunch of garbage.
The propaganda that children of heritage are somehow different than other kids is in effort, we believe, to keep jurisdiction (and power) over them. The idea put forward is that kids of heritage have an intrinsic attachment to the reservation and will be spiritually destroyed if detached from it.
An article ten years ago said something about looking into the eyes of an Indian child and seeing 'past generations.' Was that writer able to look into the eyes of children of other heritages and see the same thing? Why not?
It's so easy to put one's own expectations and romanticisms onto a child. People do it all the time. And in doing so - they neglect who the child really is - his/her individuality.
I'm very tired of what boils down to racist rhetoric.
Personally, I looked into the eyes of the nine I raised and saw THEM. I want the 'powers that be' to quit pretending these kids are somehow different than others. It’s an excuse to control them as if they are chattel.
This brings us to the Indian Child Welfare Act. It’s a terrible law. Current laws governing placement of children of other heritages already cover the need to keep families connected if possible. At the same time, they protect children from being subjected to abusive and neglectful family, which is something the ICWA does NOT do well because it gives tribal governments the right to decide placement, and they have a conflict of interest. I have seen children placed in inadequate, if not downright terrible situations for the sake of keeping the kids within the system,
The real purpose of ICWA as far as we can tell has nothing to do with the ‘welfare’ of children. It has everything to do with the ‘welfare’ of tribal government. The last census showed that a majority of enrollable people now live off the reservation. Some are still connected, but many no longer choose to be part of the system. But as people move away and don't enroll their kids in the tribe, tribal governments lose federal money. They also lose people over whom they can rule. That's the bottom line for ICWA.
This is why the ICWA includes language that claims jurisdiction over "enrollable" children, not just "enrolled" children. They are also free to decide their own membership criteria. For the Cherokee tribe, all that is required is a direct line to the Dawes rolls.
Put those two facts together, and federal government has created a terrible situation for children. Example: Six years ago, a firefighter in Texas, with his wife, took in a newborn baby boy to adopt. After a few weeks, during the process of adoption, it was discovered the child had less than 2% heritage in the Cherokee tribe. The tribe then decided it wants the child, who is more than 98% non-tribal. The child is still unadopted as of today, and the family has spent years and tens of thousands of dollars fighting for him. We have many stories like that.
It's a genuine crime against these kids.
For more info:
Mickey came home an hour early from classes one day.
"What are you doing home?" I asked him.
"My advocate let me out."
"What do you mean, 'let you out'?"
"Well, I didn't like my art teacher, so a month or so ago my Indian advocate let me drop the class and go to study hall in his office instead. He'd ask me a couple questions and stuff, but I wasn't really doing anything there so now he just lets me come home instead."
I called the advocate. "In the first place," I told him, "I don't agree with letting him drop art. He has to work out his problems with his teacher. But in the second place, Mickey got two 'F's' last quarter! How come you’re letting him cut out of school?"About ready to blow up and getting nowhere with this man, I called the principal, who agreed Mickey shouldn't be leaving school early. It was too late to get Mickey back into the art class, so placed him into the real study hall. Unfortunately, the principal didn't have the cojones to fire the advocate for being the idiot he was.
"What are you worried about?" the advocate, also a tribal member, responded, "He's got three years of school left. He's got time to catch up."
Later, Mickey confided that the Indian advocate had told him the following day, "Don't listen to Beth, all white people talk like that."
'What a jerk,' I thought angrily, 'why isn't that so-called advocate helping Mickey apply himself? Don't they think an Indian kid can be expected to work hard? Do they lookl down on Indian kids that much? If anybody dares treat Andrew that way when he gets to school, expecting less of him just because he's Indian, I'll knock em to the moon!
Many places do still treat kids of tribal heritage with lower expectations. Worse, the attitude is encouraged and propagandized by tribal government itself.
One tribal attorney in an Arkansas court just 3 yrs ago - while fighting to take 2 children from a safe, loving home where they were well-cared for and place them in an overcrowded, troubled (documented issues) home that had connection to the tribe - said that Indian children shouldn't be expected to live by "European standards." He said Indian children are used to sleeping on floors - and that was okay.
Who is he kidding? Why is tribal government allowed to make racist statements like that? I can tell you with absolute certainty that given the choice, every single child I raised, as well as every relative child that I know, would choose a good bed over a floor. What a bunch of garbage.
The propaganda that children of heritage are somehow different than other kids is in effort, we believe, to keep jurisdiction (and power) over them. The idea put forward is that kids of heritage have an intrinsic attachment to the reservation and will be spiritually destroyed if detached from it.
An article ten years ago said something about looking into the eyes of an Indian child and seeing 'past generations.' Was that writer able to look into the eyes of children of other heritages and see the same thing? Why not?
It's so easy to put one's own expectations and romanticisms onto a child. People do it all the time. And in doing so - they neglect who the child really is - his/her individuality.
I'm very tired of what boils down to racist rhetoric.
Personally, I looked into the eyes of the nine I raised and saw THEM. I want the 'powers that be' to quit pretending these kids are somehow different than others. It’s an excuse to control them as if they are chattel.
This brings us to the Indian Child Welfare Act. It’s a terrible law. Current laws governing placement of children of other heritages already cover the need to keep families connected if possible. At the same time, they protect children from being subjected to abusive and neglectful family, which is something the ICWA does NOT do well because it gives tribal governments the right to decide placement, and they have a conflict of interest. I have seen children placed in inadequate, if not downright terrible situations for the sake of keeping the kids within the system,
The real purpose of ICWA as far as we can tell has nothing to do with the ‘welfare’ of children. It has everything to do with the ‘welfare’ of tribal government. The last census showed that a majority of enrollable people now live off the reservation. Some are still connected, but many no longer choose to be part of the system. But as people move away and don't enroll their kids in the tribe, tribal governments lose federal money. They also lose people over whom they can rule. That's the bottom line for ICWA.
This is why the ICWA includes language that claims jurisdiction over "enrollable" children, not just "enrolled" children. They are also free to decide their own membership criteria. For the Cherokee tribe, all that is required is a direct line to the Dawes rolls.
Put those two facts together, and federal government has created a terrible situation for children. Example: Six years ago, a firefighter in Texas, with his wife, took in a newborn baby boy to adopt. After a few weeks, during the process of adoption, it was discovered the child had less than 2% heritage in the Cherokee tribe. The tribe then decided it wants the child, who is more than 98% non-tribal. The child is still unadopted as of today, and the family has spent years and tens of thousands of dollars fighting for him. We have many stories like that.
It's a genuine crime against these kids.
For more info:
Read Letters from Families: http://www.caicw.org/familystories.html.
ICWA Case Law: http://www.caicw.org/caselaw.html
CAICW Facebook 'Cause' page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834
The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
Follow CAICW on TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
Thursday, December 9, 2010
A Mom Wrote: "They just took my baby after 3 years...her sobbing is forever etched in my soul."
.
From Lisa Morris
Administrator
Christian Alliance for Indian Child Welfare (CAICW)
CAICW Friends;
An adoptive mother made her first contact with CAICW on Facebook about 1am Saturday morning, November 20, only hours after she had lost her little girl...
She then wrote to friends:
Saturday, November 20th, was National Adoption Day. On this day, a small girl, denied the right to be adopted by the only mother she'd ever known, spent the first day in her memory in foster care, frightened and alone amongst strangers. She was denied the right to be adopted solely because of her heritage. In America, having even a small bit of Indian heritage can mean not having the same rights and opportunities for adoption that other children receive.
Saturday, November 20th, was also her adoptive mother's birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.
We will be taking the petition with us when visiting Congress in DC at the end of January. The purpose of the Petition is to show Congressmen that people are concerned about this law and want it changed to reflect the best interest of children, not government expediency. We want to the rights of parents and children respected. We encourage families that have been affected by ICWA to join us.
If you aren't able to join us in DC, I urge everyone to obtain the legislative drafts we have available and talk to as many of your US Senators and Representatives and you can, as well as you legislators on the State level. We need to be pushing our representatives on both the federal and state levels to pass protective legislation for these children. No more pretending that what they have decided to do with children of heritage is acceptable or even constitutionally legal.
Finally - CAICW needs financial support. Please help us to:
All Children need to feel safe. Help CAICW to Advocate, Educate, Assist, & Defend.
http://www.caicw.org/pleasedonate.html
- Please see these sites for more information, and please share these important links:
Sign the Petition: http://apps.facebook.com/causes/petitions/559?m=1a237008
Read Letters from Families: http://www.caicw.org/familystories.html
How You Can Help: http://www.caicw.org/HowYouHelp.html
CAICW Facebook 'Cause' page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834
The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
Follow CAICW on TWITTER: http://twitter.com/CAICW
Join CAICW on Facebook: http://www.facebook.com/fbCAICW.org
EMAIL: writeus@caicw.org
Thank you all for your prayers and support -
Lisa Morris
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253
Hillsboro, ND 58045
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
From Lisa Morris
Administrator
Christian Alliance for Indian Child Welfare (CAICW)
CAICW Friends;
An adoptive mother made her first contact with CAICW on Facebook about 1am Saturday morning, November 20, only hours after she had lost her little girl...
"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."
She then wrote to friends:
"Please sign this petition..the despair on her face pushes me to help destroy this law. She didn't want to go and was looking for us to protect her and we couldn't...I can't remember ever feeling so worthless."
Saturday, November 20th, was National Adoption Day. On this day, a small girl, denied the right to be adopted by the only mother she'd ever known, spent the first day in her memory in foster care, frightened and alone amongst strangers. She was denied the right to be adopted solely because of her heritage. In America, having even a small bit of Indian heritage can mean not having the same rights and opportunities for adoption that other children receive.
Saturday, November 20th, was also her adoptive mother's birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.
We will be taking the petition with us when visiting Congress in DC at the end of January. The purpose of the Petition is to show Congressmen that people are concerned about this law and want it changed to reflect the best interest of children, not government expediency. We want to the rights of parents and children respected. We encourage families that have been affected by ICWA to join us.
If you aren't able to join us in DC, I urge everyone to obtain the legislative drafts we have available and talk to as many of your US Senators and Representatives and you can, as well as you legislators on the State level. We need to be pushing our representatives on both the federal and state levels to pass protective legislation for these children. No more pretending that what they have decided to do with children of heritage is acceptable or even constitutionally legal.
Finally - CAICW needs financial support. Please help us to:
* Stay in Contact with Families,
* Publish the Newsletter,
* Research Case Law,
* Update & maintain the CAICW.org Website,
* Develop a legal Defense Fund,
* Continue to Educate Federal and State Officials,
* Educate the Community through Facebook and Twitter,
* Speak to and Connect with family-oriented Organizations
All Children need to feel safe. Help CAICW to Advocate, Educate, Assist, & Defend.
http://www.caicw.org/pleasedonate.html
- Please see these sites for more information, and please share these important links:
Sign the Petition: http://apps.facebook.com/causes/petitions/559?m=1a237008
Read Letters from Families: http://www.caicw.org/familystories.html
How You Can Help: http://www.caicw.org/HowYouHelp.html
CAICW Facebook 'Cause' page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834
The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
Follow CAICW on TWITTER: http://twitter.com/CAICW
Join CAICW on Facebook: http://www.facebook.com/fbCAICW.org
EMAIL: writeus@caicw.org
Thank you all for your prayers and support -
Lisa Morris
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253
Hillsboro, ND 58045
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
Saturday, November 20, 2010
"They just took my baby after 3 years...her sobbing is forever etched in my soul."
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Friends of a family that lost their 3-yr-old to the ICWA law Friday night are signing and sharing CAICW's online petition to rescind the Indian Child Welfare Act. CAICW has gotten dozens of new signatures in the last 24 hours.
The adoptive mother had made her first contact with CAICW on Facebook about 1am Saturday morning, only hours after she had lost her little girl....
Saturday, November 20th, was also her adoptive mother's birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.
I am so glad that CAICW happened to get that petition up just before her birthday. Maybe it helped give her small hope - something she can do to fight back - on a day she describes as the worst in her life.
I pray - pray - that CAICW can somehow be used to help. I pray for God's miraculous intervention right now, even though things seem impossible. Please pray with me. Thanks -
- Please see these sites for more information, and please share these important links:
Sign the Petition: http://apps.facebook.com/causes/petitions/559?m=1a237008
Read Letters from Families: http://www.caicw.org/familystories.html
ICWA Case Law: http://www.caicw.org/caselaw.html
CAICW Facebook 'Cause' page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834
The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
Follow CAICW on TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
Friends of a family that lost their 3-yr-old to the ICWA law Friday night are signing and sharing CAICW's online petition to rescind the Indian Child Welfare Act. CAICW has gotten dozens of new signatures in the last 24 hours.
The adoptive mother had made her first contact with CAICW on Facebook about 1am Saturday morning, only hours after she had lost her little girl....
"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."She then wrote to friends:
"Please sign this petition..the despair on her face pushes me to help destroy this law. She didn't want to go and was looking for us to protect her and we couldn't...I can't remember ever feeling so worthless."Saturday, November 20th, was National Adoption Day. On this day, a small girl, denied the right to be adopted by the only mother she'd ever known, spent the first day in her memory in foster care, frightened and alone amongst strangers. She was denied the right to be adopted solely because of her heritage. In America, having even a small bit of Indian heritage can mean not having the same rights and opportunities for adoption that other children receive.
Saturday, November 20th, was also her adoptive mother's birthday. Her mother wrote on Facebook, thanking her friends for their love and prayers, and said that the best gift was people signing the petition.
I am so glad that CAICW happened to get that petition up just before her birthday. Maybe it helped give her small hope - something she can do to fight back - on a day she describes as the worst in her life.
I pray - pray - that CAICW can somehow be used to help. I pray for God's miraculous intervention right now, even though things seem impossible. Please pray with me. Thanks -
- Please see these sites for more information, and please share these important links:
Sign the Petition: http://apps.facebook.com/causes/petitions/559?m=1a237008
Read Letters from Families: http://www.caicw.org/familystories.html
ICWA Case Law: http://www.caicw.org/caselaw.html
CAICW Facebook 'Cause' page: (Advocacy, Petition, support for families) http://www.causes.com/causes/537834
The “Fund Attorney Retainers for 10 Families” Drive began on National Adoption Day, November 20, 2010 ~ and ends on December 31, 2010.~ The Fund website can be found through FirstGiving.com at ~ http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
Follow CAICW on TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
Friday, November 19, 2010
All Children deserve to feel safe: National Adoption Day Kick Off - Nov 20, 2010
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Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, once said Congress intended the Indian Child Welfare Act (ICWA)
Advocates of ICWA point to the devastation suffered by children of tribal heritage when, years ago, they were forcefully removed from homes they loved and forced to stay at boarding schools. The trauma those children and families experienced was, indeed, devastating.
However, in the implementation of the ICWA, the exact same thing has been happening to children in reverse. What has to be acknowledged is that we live in a migratory, multi-cultural society. This means that many children who fall under the jurisdiction of the Indian Child Welfare Act have more than one heritage, and many times are predominantly of another heritage, and/or have family who not only haven’t any connection to the Indian Reservation, but have specifically chosen not to participate in the reservation system.
Though some argue that ICWA has safeguards to prevent misuse, scores of multi-racial children have been negatively affected by its application. Letters from birth parents, grandparents, foster families, and pre-adoptive families concerning their children hurt by misapplication of ICWA can be read at ~ http://www.caicw.org/familystories.html
There is no inborn difference between persons of tribal heritage and other persons. Any emotionally healthy child, no matter their heritage, will be devastated when they are taken from their familiar homes and forced to live with strangers.
Even children of 100% tribal heritage can be devastated if taken from the only home they know and love, no matter the heritage, and placed into a home they know nothing about.
In the words of Dr. William Allen, former Chair, US Comm. On Civil Rights (1989) and Emeritus Professor, Political Science MSU;
Consequent to this Congressional error in understanding the practical aspects of the ICWA, dozens of adoptions are held up every year. Some of these adoptive homes have had the children since infancy and are the only homes the children know. However, even simple adoptions can be expensive and many families aren’t prepared for this additional impediment. Time and again families have contacted the Christian Alliance for Indian Child Welfare (CAICW) to ask for help because they don’t have the funds needed to hire attorney’s to defend their children. Some families, after mortgaging their homes and having nothing else to use, have been forced to give up the fight for their children.
Saturday, November 20, 2010 is National Adoption Day. Support Families nationally in defending their children from unreasonable impediment to their adoptions by helping raise $50,000 for ten $5000 Attorney retainer fees for ten Adoptive Families. These would be families that are in the midst of adopting children they have had physical custody of over a long term or from infancy, or stable ‘relative families’ attempting to retain or regain custody within the extended family – whether or not said family is enrollable with a tribe.
The “Fund Attorney Retainers for 10 Families” Drive begins on National Adoption Day, November 20, 2010 and ends on December 31, 2010. The Fund website can be found through FirstGiving.com at http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
The Christian Alliance for Indian Child Welfare (CAICW) has been advocating for families affected by the Indian Child Welfare Act since 2004 and is the only National org advocating for these families. Our advocacy is both Judicial and Legislative, as well as a prayer resource and shoulder to cry on.
Funds raised from this event will be used to assist up to 10 families in obtaining the legal assistance they need in order to complete their adoptions.
Additional informational links:
Legal and Constitutional concerns re: ICWA http://www.caicw.org/icw.html
Letters from Affected Families: http://www.caicw.org/familystories.html
ICWA Case Law: http://www.caicw.org/caselaw.html
Please help us Advocate, Educate, Assist, and Defend
Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, once said Congress intended the Indian Child Welfare Act (ICWA)
“to protect Indian children from removal from their tribes and to assure that tribes are given the opportunity to raise Indian children in a manner which reflects the unique values of Indian culture."
Advocates of ICWA point to the devastation suffered by children of tribal heritage when, years ago, they were forcefully removed from homes they loved and forced to stay at boarding schools. The trauma those children and families experienced was, indeed, devastating.
However, in the implementation of the ICWA, the exact same thing has been happening to children in reverse. What has to be acknowledged is that we live in a migratory, multi-cultural society. This means that many children who fall under the jurisdiction of the Indian Child Welfare Act have more than one heritage, and many times are predominantly of another heritage, and/or have family who not only haven’t any connection to the Indian Reservation, but have specifically chosen not to participate in the reservation system.
Though some argue that ICWA has safeguards to prevent misuse, scores of multi-racial children have been negatively affected by its application. Letters from birth parents, grandparents, foster families, and pre-adoptive families concerning their children hurt by misapplication of ICWA can be read at ~ http://www.caicw.org/familystories.html
There is no inborn difference between persons of tribal heritage and other persons. Any emotionally healthy child, no matter their heritage, will be devastated when they are taken from their familiar homes and forced to live with strangers.
Even children of 100% tribal heritage can be devastated if taken from the only home they know and love, no matter the heritage, and placed into a home they know nothing about.
In the words of Dr. William Allen, former Chair, US Comm. On Civil Rights (1989) and 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…" (Re: The Indian Child Welfare Act, September 20, 2008, Wahkon, MN)
Consequent to this Congressional error in understanding the practical aspects of the ICWA, dozens of adoptions are held up every year. Some of these adoptive homes have had the children since infancy and are the only homes the children know. However, even simple adoptions can be expensive and many families aren’t prepared for this additional impediment. Time and again families have contacted the Christian Alliance for Indian Child Welfare (CAICW) to ask for help because they don’t have the funds needed to hire attorney’s to defend their children. Some families, after mortgaging their homes and having nothing else to use, have been forced to give up the fight for their children.
- Children have been removed from safe, loving homes and been placed into dangerous situations by Social Services.
- Some Indian and non-Indian families have felt threatened by tribal government.
- Some have had to take out additional mortgage on their homes and endure lengthy legal processes in attempt to protect their children.
- Equal opportunities for adoption, safety and stability are not available to children of all heritages.
- 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 many cases been denied.
Saturday, November 20, 2010 is National Adoption Day. Support Families nationally in defending their children from unreasonable impediment to their adoptions by helping raise $50,000 for ten $5000 Attorney retainer fees for ten Adoptive Families. These would be families that are in the midst of adopting children they have had physical custody of over a long term or from infancy, or stable ‘relative families’ attempting to retain or regain custody within the extended family – whether or not said family is enrollable with a tribe.
The “Fund Attorney Retainers for 10 Families” Drive begins on National Adoption Day, November 20, 2010 and ends on December 31, 2010. The Fund website can be found through FirstGiving.com at http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund
The Christian Alliance for Indian Child Welfare (CAICW) has been advocating for families affected by the Indian Child Welfare Act since 2004 and is the only National org advocating for these families. Our advocacy is both Judicial and Legislative, as well as a prayer resource and shoulder to cry on.
Funds raised from this event will be used to assist up to 10 families in obtaining the legal assistance they need in order to complete their adoptions.
Additional informational links:
Legal and Constitutional concerns re: ICWA http://www.caicw.org/icw.html
Letters from Affected Families: http://www.caicw.org/familystories.html
ICWA Case Law: http://www.caicw.org/caselaw.html
Saturday, November 13, 2010
Fighting ICWA? Petition~Draft Legislation~MissionFish~FaceBook!
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The Christian Alliance for Indian Child Welfare (CAICW) is an advocate for children and families hurt by the Indian Child Welfare Act, an example of misguided federal Indian policy.
There are Four things you can do today to help:
First, if you haven't already, sign the petition on CAICW's Cause page. http://www.causes.com/causes/537834
CAICW will be taking it with to DC in January, and it will help show Congressmen that this is an important issue to many!
Second, donate through MissionFish whenever you use Ebay. The Christian Alliance for Indian Child Welfare is Registered with MissionFish - a service through Ebay that helps nonprofits fundraise while buying and selling on ~ eBay. Sellers can give part of their proceeds to a favorite nonprofit, and nonprofits can raise funds by selling on eBay too. Direct donations from eBay users can also be given through a 'Donate Now' feature, which lets anyone with a PayPal account donate right away without buying or selling anything.
http://donations.ebay.com/charity/charity.jsp?NP_ID=39005
Third, CAICW is sending out a snail mail newsletter this week. It includes anonymous excerpts from four letters families have written, information about the DC trip, a paper copy of the petition for you to share with non-internet friends, and potential draft legislation to share with your newly elected state legislators. If you would like a copy, please contact CAICW with your snail address. writeus@caicw.org
Fourth, Look for Draft legislation that you can bring to your State Legislator for the next session on the CAICW website: caicw.org ~ and bring it to them! Hurry; they are putting together their plans for legislation right now!
Finally - for more information and to connect with other families who are struggling against ICWA, visit the CAICW FaceBook ‘Page:’ http://facebook.com/fbCAICW.org
Thank you so much for your support! God Bless you!
.
The Christian Alliance for Indian Child Welfare (CAICW) is an advocate for children and families hurt by the Indian Child Welfare Act, an example of misguided federal Indian policy.
There are Four things you can do today to help:
First, if you haven't already, sign the petition on CAICW's Cause page. http://www.causes.com/causes/537834
CAICW will be taking it with to DC in January, and it will help show Congressmen that this is an important issue to many!
Second, donate through MissionFish whenever you use Ebay. The Christian Alliance for Indian Child Welfare is Registered with MissionFish - a service through Ebay that helps nonprofits fundraise while buying and selling on ~ eBay. Sellers can give part of their proceeds to a favorite nonprofit, and nonprofits can raise funds by selling on eBay too. Direct donations from eBay users can also be given through a 'Donate Now' feature, which lets anyone with a PayPal account donate right away without buying or selling anything.
http://donations.ebay.com/charity/charity.jsp?NP_ID=39005
Third, CAICW is sending out a snail mail newsletter this week. It includes anonymous excerpts from four letters families have written, information about the DC trip, a paper copy of the petition for you to share with non-internet friends, and potential draft legislation to share with your newly elected state legislators. If you would like a copy, please contact CAICW with your snail address. writeus@caicw.org
Fourth, Look for Draft legislation that you can bring to your State Legislator for the next session on the CAICW website: caicw.org ~ and bring it to them! Hurry; they are putting together their plans for legislation right now!
Finally - for more information and to connect with other families who are struggling against ICWA, visit the CAICW FaceBook ‘Page:’ http://facebook.com/fbCAICW.org
Thank you so much for your support! God Bless you!
.
Wednesday, November 10, 2010
Dying in Indian Country: A True Story
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The True story of a family Living and Dying in Indian Country in the 1980's-90's.
What made a full-blooded American Indian want to work against Tribal government and federal Indian Policy?
Need a close-to-home example of how socialist policies within our government currently affect U.S. citizens? Read Roland Morris' story. Read about his family: A beautiful 16-year-old niece who hanged herself in a closet, another dying of a drug overdose in a public bathroom. A brother was stabbed to death on the reservation, a 4-yr-old was left alone for a whole night at a dangerous inner city park while her Dad drank, and a 2-yr old was beaten to death by her mother. Those examples are just starters. Find out why this tribal elder traveled to DC over and over again to fight tribal jurisdiction over his family – as well as the well-compensated Congressmen who support it.
Roland J. Morris Sr. kept his tribal culture at heart as he taught his children about wild ricing, hunting, fishing, family history and some Ojibwa language. He did this, despite having lost all trust in the reservation system. He’d watched too many family members die tragic, violent deaths and had come to believe that current federal Indian policy and the reservation system itself was responsible.
Tribal leaders tell the public that the reservation system must be maintained or all will be lost. They claim that no one understands Indians, and this system has to be preserved as the only viable way for tribal members to exist in happiness. While they are saying this, violence, crime, child neglect, drug and alcohol abuse, and Fetal Alcohol effects are epidemic on the reservations. Further, at the hands of their own governments, tribal members experience denial of civil rights: freedom of speech, press, religion and assembly. They experience cohortion, manipulation, cronyism, nepotism, criminal fraud, ballot box stuffing and have even been robbed of their own children.
We are all aware this is happening, but refuse to admit out loud. For some reason, it's much easier to blame white America, history, and poverty for the problems.
Many tribal members continue in this life, complaining in private but not willing to protest. They keep silent in part because of they have tribal jobs or housing - and rocking the boat will affect not just them, but extended family. Those that do speak up are vilified. In addition, for the most part, tribal members don’t like to discuss reservation problems with outsiders. They may be dying, but they are dying compliantly.
Read Dying in Indian Country - A Family Story - http://dyinginindiancountry.blogspot.com/
.
The True story of a family Living and Dying in Indian Country in the 1980's-90's.
What made a full-blooded American Indian want to work against Tribal government and federal Indian Policy?
Need a close-to-home example of how socialist policies within our government currently affect U.S. citizens? Read Roland Morris' story. Read about his family: A beautiful 16-year-old niece who hanged herself in a closet, another dying of a drug overdose in a public bathroom. A brother was stabbed to death on the reservation, a 4-yr-old was left alone for a whole night at a dangerous inner city park while her Dad drank, and a 2-yr old was beaten to death by her mother. Those examples are just starters. Find out why this tribal elder traveled to DC over and over again to fight tribal jurisdiction over his family – as well as the well-compensated Congressmen who support it.
Roland J. Morris Sr. kept his tribal culture at heart as he taught his children about wild ricing, hunting, fishing, family history and some Ojibwa language. He did this, despite having lost all trust in the reservation system. He’d watched too many family members die tragic, violent deaths and had come to believe that current federal Indian policy and the reservation system itself was responsible.
Tribal leaders tell the public that the reservation system must be maintained or all will be lost. They claim that no one understands Indians, and this system has to be preserved as the only viable way for tribal members to exist in happiness. While they are saying this, violence, crime, child neglect, drug and alcohol abuse, and Fetal Alcohol effects are epidemic on the reservations. Further, at the hands of their own governments, tribal members experience denial of civil rights: freedom of speech, press, religion and assembly. They experience cohortion, manipulation, cronyism, nepotism, criminal fraud, ballot box stuffing and have even been robbed of their own children.
We are all aware this is happening, but refuse to admit out loud. For some reason, it's much easier to blame white America, history, and poverty for the problems.
Many tribal members continue in this life, complaining in private but not willing to protest. They keep silent in part because of they have tribal jobs or housing - and rocking the boat will affect not just them, but extended family. Those that do speak up are vilified. In addition, for the most part, tribal members don’t like to discuss reservation problems with outsiders. They may be dying, but they are dying compliantly.
Read Dying in Indian Country - A Family Story - http://dyinginindiancountry.blogspot.com/
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Wednesday, October 27, 2010
Families: Hurt by ICWA?
.Find CAICW on TWITTER!
Families: Hurt by ICWA? Connect with other families through CAICW on Facebook and discuss, encourage, share insights, case law, names of possible attorney's, and pray for each other. Join Facebook to start connecting with Christian Alliance for Indian Child Welfare.
"The Christian Alliance for Indian Child Welfare is committed to seek God's guidance in defending the rights of the poor and needy, as instructed in Proverbs 31:8-9."
CAICW, Christian Ministry as well as Family Advocacy, is interested in the total well-being of the individual and Family. CAICW is the only national organization advocating for families who have lost or are at risk of losing children due to misapplied and sometimes illegal application of Indian Law.
- CAICW has been advocating for families affected by the Indian law since 2004.
- Children have been removed from safe, loving homes and been placed into dangerous situations.
- Indian and non-Indian families have felt threatened by tribal government. Some have had to mortgage homes and endure lengthy legal processes to protect their children.
- Equal opportunities for adoption, safety and stability are not available to children of all heritages.
- 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 many cases been denied.
Please share these links with others:
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://facebook.com/fbCAICW.org
Home Website: http://www.caicw.org/
Cause page - http://www.causes.com/causes/537834
TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org.
Monday, October 25, 2010
Hurting from ICWA? Help now on Facebook - CAICW
Follow CAICW on Twitter
Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children have been hurt by misapplication of the Indian Child Welfare Act. These children and their families need encouragement, prayer, and legal help. The biggest way for all of us to help these families is to spread the letters posted on caicw.org (http://www.caicw.org/familystories.html) and let the rest of America know what is going on.
Please help us by sharing the cause!
CAICW is the only National organization advocating for families faced with loss of their children do to what amounts to a racial law. Our advocacy is both Judicial and Legislative as well as being a prayer resource for the families and a shoulder to cry on.
I’d like to encourage families to come to CAICW's facebook page, where they can connect with other families and discuss, encourage, share insights, share case law, share names of possible attorney's, and pray for each other.
If you know families hurt by ICWA, please share this.
We are also currently organizing a trip to DC for January, 2011 where we will meet with Gary Bauer of the American Values org, Dr. William Allen, the former Chair of the US Commission on Civil Rights, Senator Tom Coburn's staff, and many more, to let them know of the problem, advocate for the families, and discuss initiatives that will protect these children. Join US!
Thanks so much for your support!
To help spread the word - Please also share these important links:
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://facebook.com/fbCAICW.org
Home Website: http://www.caicw.org
Cause page: http://www.causes.com/causes/537834
TWITTER: http://twitter.com/CAICW
EMAIL: writeus@caicw.org
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Sunday, October 24, 2010
FaceBook Cause - Christian Alliance for Indian Child Welfare
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Please join the CAICW Cause as we work to support, encourage and protect children. Educating others about how the Indian Child Wefare Act is hurting families is vital.
Simply passing the links on to others helps - because the more people that know - the more help we will eventually be able to get. And most people don't know. When they read the stories, they are shocked to learn this type of thing is happening to children in the US.
And that's the biggest need for us to begin with - that other's learn what is happening.
http://www.causes.com/causes/537834
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Please join the CAICW Cause as we work to support, encourage and protect children. Educating others about how the Indian Child Wefare Act is hurting families is vital.
Simply passing the links on to others helps - because the more people that know - the more help we will eventually be able to get. And most people don't know. When they read the stories, they are shocked to learn this type of thing is happening to children in the US.
And that's the biggest need for us to begin with - that other's learn what is happening.
http://www.causes.com/causes/537834
.
Friday, October 22, 2010
Dying In Indian Country
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Roland J. Morris Sr. kept his tribal culture at heart as he taught his children about wild ricing, hunting, fishing, family history and some Ojibwa language. He did this, despite having lost all trust in the reservation system. He’d watched too many family members die tragic, violent deaths and had come to believe that current federal Indian policy and the reservation system itself was responsible.
Tribal leaders tell the public that the reservation system must be maintained or all will be lost. They claim that no one understands Indians, and this system has to be preserved as the only viable way for tribal members to exist in happiness. While they are saying this, violence, crime, child neglect, drug and alcohol abuse, and Fetal Alcohol effects are epidemic on the reservations. Further, at the hands of their own governments, tribal members experience denial of civil rights: freedom of speech, press, religion and assembly. They experience cohortion, manipulation, cronyism, nepotism, criminal fraud, ballot box stuffing and have even been robbed of their own children.
We are all aware this is happening, but refuse to admit out loud. For some reason, it's much easier to blame white America, history, and poverty for the problems.
Need a close-to-home example of how liberal, socialist policies within our government currently affect U.S. citizens? Read Roland Morris's story. Read about his family - a beautiful 16-year-old niece hanging herself in a closet, another dying of a drug overdose in a public bathroom, a brother stabbed to death on the reservation, a four-yr-old left alone for a whole night at an inner city park, a two-yr old beaten to death by his mother, and more - and find out why this tribal elder traveled to DC over and over again to fight tribal sovereignty and the well-compensated Congressmen who support it.
Dying in Indian Country - A Family Story - http://dyinginindiancountry.blogspot.com/
.
Roland J. Morris Sr. kept his tribal culture at heart as he taught his children about wild ricing, hunting, fishing, family history and some Ojibwa language. He did this, despite having lost all trust in the reservation system. He’d watched too many family members die tragic, violent deaths and had come to believe that current federal Indian policy and the reservation system itself was responsible.
Tribal leaders tell the public that the reservation system must be maintained or all will be lost. They claim that no one understands Indians, and this system has to be preserved as the only viable way for tribal members to exist in happiness. While they are saying this, violence, crime, child neglect, drug and alcohol abuse, and Fetal Alcohol effects are epidemic on the reservations. Further, at the hands of their own governments, tribal members experience denial of civil rights: freedom of speech, press, religion and assembly. They experience cohortion, manipulation, cronyism, nepotism, criminal fraud, ballot box stuffing and have even been robbed of their own children.
We are all aware this is happening, but refuse to admit out loud. For some reason, it's much easier to blame white America, history, and poverty for the problems.
Need a close-to-home example of how liberal, socialist policies within our government currently affect U.S. citizens? Read Roland Morris's story. Read about his family - a beautiful 16-year-old niece hanging herself in a closet, another dying of a drug overdose in a public bathroom, a brother stabbed to death on the reservation, a four-yr-old left alone for a whole night at an inner city park, a two-yr old beaten to death by his mother, and more - and find out why this tribal elder traveled to DC over and over again to fight tribal sovereignty and the well-compensated Congressmen who support it.
Dying in Indian Country - A Family Story - http://dyinginindiancountry.blogspot.com/
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Wednesday, October 20, 2010
Facebook ICWA Discussion Page and Cause -
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We have now set up a Facebook Page for the Christian Alliance for Indian Child Welfare as well as a "Cause."
Harmful Indian Law affecting children and Families in both USA and Canada - Read the letters from birth parents, grandparents, foster families, pre-adoptive families concerning their multi-racial children who are being negatively affected by the sometimes illegal misapplication of the Indian Child Welfare Act (ICWA).
Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children are being negatively affected by application of ICWA. Across America, children that have never been near a reservation nor involved in tribal customs are routinely being removed from homes they love and placed with strangers chosen by tribes.
As most of our friends know - my husband Roland and I began CAICW org prior to his passing in 2004. For several years now, as we have moved from Alberta to Montana to North Dakota, and as I have been dealing with the raising of several teenagers on my own, I have been unable to give CAICW my full attention. However, we have continued to receive many letters from families in need of help and the board and I have attempted to support and encourage them as best we can with what little we had.
Now we are organizing a lobbying trip to DC in January, where we will meet with Gary Bauer of the American Values or, Dr. William Allen, the former Chair of the US Commission on Civil Rights, Senator Tom Coburn's staff, and many more.
Please read the stories of various families at http://www.caicw.org/familystories.html. If you have time to help me update letters - as well as the website itself - please let me know.
1. Jn 3:16 - God so Loved the World, that he gave his only begotten son..that all might live. Jn 14:1-14 Jesus is the Way, the Truth, and the Life...
2. CAICW: Christian Ministry as well as Family Advocacy, is interested in the total well-being of the individual and Family.
3. CAICW: only nat'l org advocating for families who have lost or are at risk of losing children due to misapplied and sometimes illegal Indian Law.
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://www.facebook.com/pages/Christian-Alliance-for-Indian-Child-Welfare/105558148606
Home Website: http://www.caicw.org
Facebook "Cause:" http://www.causes.com/causes/537834
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
.
We have now set up a Facebook Page for the Christian Alliance for Indian Child Welfare as well as a "Cause."
Harmful Indian Law affecting children and Families in both USA and Canada - Read the letters from birth parents, grandparents, foster families, pre-adoptive families concerning their multi-racial children who are being negatively affected by the sometimes illegal misapplication of the Indian Child Welfare Act (ICWA).
Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children are being negatively affected by application of ICWA. Across America, children that have never been near a reservation nor involved in tribal customs are routinely being removed from homes they love and placed with strangers chosen by tribes.
As most of our friends know - my husband Roland and I began CAICW org prior to his passing in 2004. For several years now, as we have moved from Alberta to Montana to North Dakota, and as I have been dealing with the raising of several teenagers on my own, I have been unable to give CAICW my full attention. However, we have continued to receive many letters from families in need of help and the board and I have attempted to support and encourage them as best we can with what little we had.
Now we are organizing a lobbying trip to DC in January, where we will meet with Gary Bauer of the American Values or, Dr. William Allen, the former Chair of the US Commission on Civil Rights, Senator Tom Coburn's staff, and many more.
Please read the stories of various families at http://www.caicw.org/familystories.html. If you have time to help me update letters - as well as the website itself - please let me know.
1. Jn 3:16 - God so Loved the World, that he gave his only begotten son..that all might live. Jn 14:1-14 Jesus is the Way, the Truth, and the Life...
2. CAICW: Christian Ministry as well as Family Advocacy, is interested in the total well-being of the individual and Family.
3. CAICW: only nat'l org advocating for families who have lost or are at risk of losing children due to misapplied and sometimes illegal Indian Law.
Letters from Families: http://www.caicw.org/familystories.html
Facebook Page: http://www.facebook.com/pages/Christian-Alliance-for-Indian-Child-Welfare/105558148606
Home Website: http://www.caicw.org
Facebook "Cause:" http://www.causes.com/causes/537834
CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
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Thursday, July 1, 2010
Happy Birthday to an Exceptional Man
Roland John Morris, Sr.
July 1, 1945 – June 9, 2004
Roland Morris, Sr., 58, ascended to heaven on Wednesday, June 9th after a four year fight with cancer. Roland, a member of the Minnesota Chippewa Tribe, was born July 1, 1945, in Cass Lake, MN. Ojibwe was his first language, and he grew up fishing, hunting, and gathering wild rice with family and friends. He also played intramural basketball, worked hard in the woods, spent time in a foster home and various jails, drank, smoked, and played guitar with friends at various bars.
Roland went to college in Kansas and was a draftsman for a short time before becoming an upholsterer. While he struggled with many difficulties in his early years, he was a perfectionist with upholstery and throughout his life performed his craft well.
After a life changing spiritual experience with Jesus in 1988, Roland moved his second family to Ronan, Montana to be near his cousin and Christian evangelist, Frank (Scotty) Butterfly. There, in 1992, Roland and his wife, Elizabeth, created Montana’s first patient transportation service, Mission Valley Medicab. They also helped instigate the Montana Passenger Carriers Association and the charitable organization, Valley Missions, Inc., all without tribal assistance.
Roland taught his children about wild ricing, hunting, fishing, and a little of the Ojibwe language. But the biggest, strongest desire of his heart was that his children, grandchildren, and entire extended family come to the saving knowledge and acceptance of Jesus Christ. Having watched many friends and relatives die physically, spiritually, and emotionally from alcoholism, violence, and suicide, Roland could no longer stand aside and do nothing. He was concerned for the children and felt distress at the attitudes of many adults within his community. He wanted the self-destruction to stop.
Roland’s relationship with Jesus coupled with his conviction that much of the reservation system was harmful led him to some amazing life experiences. Actively opposing much of federal Indian policy, Roland served as President of the Western Montana organization All Citizens Equal, was a board member and Vice-Chairman of the national organization; Citizens Equal Rights Alliance, was the Secretary of Citizens Equal Rights Foundation.
He also ran as a Republican candidate for the Montana House of Representatives in the 1996 and testified before the US Senate Committee on Indian Affairs in April,1998, the Minnesota Attorney General in 2000, and numerous Mont. State committees. With his family, he also had a private meeting with a member of the President’s Domestic Policy Council May, 2002 in Washington DC.
As time progressed, Roland became more convinced of the importance of Jesus in his life. So in 2000 he attended a year of training at the Living Faith Bible College, Canada. Over the last three years, he and/or his family went on mission trips in Canada and Mexico. During a 2003 trip to a children’s home in Juarez, Mexico, he fixed most of their dining hall chairs, taught 6 boys how to upholster, donated materials, and preached a Sunday street service.
Through the years, he has appeared in numerous newspaper articles across the country. The last article he appeared in was on Friday, May 14th, in the Washington Times. Reporter Jennifer Lehner wrote, “the ICWA [Indian Child Welfare Act] protects the interests of others over [Mr. Morris'] grandchildren,” and “Mr. Morris said that once children are relocated to the reservations, they are subject to the corrupt law of the tribal government. Instead of preserving culture, he said, the tribal leadership uses the ICWA to acquire funds provided through the legislation.” Ms. Lehner quoted Mr. Morris as saying that the law is “supposed to help children, but instead it helps tribal governments.”
Finally, in February, 2004, he and his wife founded the Christian Alliance for Indian Child Welfare. The purpose of this was to encourage preaching, teaching and fostering of the growth of the Christian Faith in all places, encourage accountability of governments to families with Indian heritage, and educate the public about Indian rights, laws, and issues.
Roland praised God to the very end. When his final struggle began, several of his friends and family were praying with him. When those present sang old-time hymns, he raised his hand in the air for as long as he could. When “I Surrender” was sung, he sang the echo. While Pastor Kingery sat next to Roland, holding his hand, Roland looked him straight in the eyes and pointed his other hand up to heaven. When he passed on to greater life, his good friend Marvin Bauer was softly playing Gospel songs for him on his accordion.
Roland is survived by his wife, nine children, twelve grandchildren and a great grandson. Also important to his heart was his “special” son, Jesus Garcia, in Juarez, Mexico. Surviving brothers include Harry Morris and Steven Jones; and sisters include Clara Smith, Bernice Hurd, Sharon Goose, and Christine Jones, as well as numerous nephews and nieces and his great cousin, Scotty Butterfly.
Roland was preceded in death by his parents, Jacob and Susan Jones; siblings Thomas and Wallace Morris, Robert, Martin, Caroline, Frances, Barbara and Alvina Jones, Loretta Smith, and grandson Brandon Kier.
Roland’s loving friend, Jim Ball, crafted a beautiful casket for him as a gift. Funeral services were at the CMA Church in Ronan, MT, on Sunday, June 13, 2004 and the CMA Church in Cass Lake, MN, Tuesday, June 15. Internment was at Prince of Peace Cemetery. He is strongly remembered for his strength, character, and love for the Lord Jesus.
Roland, our husband, father, grandfather, brother, uncle, cousin, and friend; We Love you and Miss you so very much. You are with God now.
Gi gi wah ba min me na wah
Christian Alliance for Indian Child Welfare
Independent Indian Press
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July 1, 1945 – June 9, 2004
Roland Morris, Sr., 58, ascended to heaven on Wednesday, June 9th after a four year fight with cancer. Roland, a member of the Minnesota Chippewa Tribe, was born July 1, 1945, in Cass Lake, MN. Ojibwe was his first language, and he grew up fishing, hunting, and gathering wild rice with family and friends. He also played intramural basketball, worked hard in the woods, spent time in a foster home and various jails, drank, smoked, and played guitar with friends at various bars.
Roland went to college in Kansas and was a draftsman for a short time before becoming an upholsterer. While he struggled with many difficulties in his early years, he was a perfectionist with upholstery and throughout his life performed his craft well.
After a life changing spiritual experience with Jesus in 1988, Roland moved his second family to Ronan, Montana to be near his cousin and Christian evangelist, Frank (Scotty) Butterfly. There, in 1992, Roland and his wife, Elizabeth, created Montana’s first patient transportation service, Mission Valley Medicab. They also helped instigate the Montana Passenger Carriers Association and the charitable organization, Valley Missions, Inc., all without tribal assistance.
Roland taught his children about wild ricing, hunting, fishing, and a little of the Ojibwe language. But the biggest, strongest desire of his heart was that his children, grandchildren, and entire extended family come to the saving knowledge and acceptance of Jesus Christ. Having watched many friends and relatives die physically, spiritually, and emotionally from alcoholism, violence, and suicide, Roland could no longer stand aside and do nothing. He was concerned for the children and felt distress at the attitudes of many adults within his community. He wanted the self-destruction to stop.
Roland’s relationship with Jesus coupled with his conviction that much of the reservation system was harmful led him to some amazing life experiences. Actively opposing much of federal Indian policy, Roland served as President of the Western Montana organization All Citizens Equal, was a board member and Vice-Chairman of the national organization; Citizens Equal Rights Alliance, was the Secretary of Citizens Equal Rights Foundation.
He also ran as a Republican candidate for the Montana House of Representatives in the 1996 and testified before the US Senate Committee on Indian Affairs in April,1998, the Minnesota Attorney General in 2000, and numerous Mont. State committees. With his family, he also had a private meeting with a member of the President’s Domestic Policy Council May, 2002 in Washington DC.
As time progressed, Roland became more convinced of the importance of Jesus in his life. So in 2000 he attended a year of training at the Living Faith Bible College, Canada. Over the last three years, he and/or his family went on mission trips in Canada and Mexico. During a 2003 trip to a children’s home in Juarez, Mexico, he fixed most of their dining hall chairs, taught 6 boys how to upholster, donated materials, and preached a Sunday street service.
Through the years, he has appeared in numerous newspaper articles across the country. The last article he appeared in was on Friday, May 14th, in the Washington Times. Reporter Jennifer Lehner wrote, “the ICWA [Indian Child Welfare Act] protects the interests of others over [Mr. Morris'] grandchildren,” and “Mr. Morris said that once children are relocated to the reservations, they are subject to the corrupt law of the tribal government. Instead of preserving culture, he said, the tribal leadership uses the ICWA to acquire funds provided through the legislation.” Ms. Lehner quoted Mr. Morris as saying that the law is “supposed to help children, but instead it helps tribal governments.”
Finally, in February, 2004, he and his wife founded the Christian Alliance for Indian Child Welfare. The purpose of this was to encourage preaching, teaching and fostering of the growth of the Christian Faith in all places, encourage accountability of governments to families with Indian heritage, and educate the public about Indian rights, laws, and issues.
Roland praised God to the very end. When his final struggle began, several of his friends and family were praying with him. When those present sang old-time hymns, he raised his hand in the air for as long as he could. When “I Surrender” was sung, he sang the echo. While Pastor Kingery sat next to Roland, holding his hand, Roland looked him straight in the eyes and pointed his other hand up to heaven. When he passed on to greater life, his good friend Marvin Bauer was softly playing Gospel songs for him on his accordion.
Roland is survived by his wife, nine children, twelve grandchildren and a great grandson. Also important to his heart was his “special” son, Jesus Garcia, in Juarez, Mexico. Surviving brothers include Harry Morris and Steven Jones; and sisters include Clara Smith, Bernice Hurd, Sharon Goose, and Christine Jones, as well as numerous nephews and nieces and his great cousin, Scotty Butterfly.
Roland was preceded in death by his parents, Jacob and Susan Jones; siblings Thomas and Wallace Morris, Robert, Martin, Caroline, Frances, Barbara and Alvina Jones, Loretta Smith, and grandson Brandon Kier.
Roland’s loving friend, Jim Ball, crafted a beautiful casket for him as a gift. Funeral services were at the CMA Church in Ronan, MT, on Sunday, June 13, 2004 and the CMA Church in Cass Lake, MN, Tuesday, June 15. Internment was at Prince of Peace Cemetery. He is strongly remembered for his strength, character, and love for the Lord Jesus.
Roland, our husband, father, grandfather, brother, uncle, cousin, and friend; We Love you and Miss you so very much. You are with God now.
Gi gi wah ba min me na wah
Christian Alliance for Indian Child Welfare
Independent Indian Press
.
Friday, June 11, 2010
To Those that Love an ICWA Child:
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In fact, my abilities, emotional stability, and character were never a factor at all. My husband was their grandfather. That’s all that mattered. No one from the tribe or the court ever talked to me about whether I could handle four more kids on top of my own five. No Guardian Ad Litem called to chat. No one seemed to care whether I could do this or not.
The Tribe did finally send a couple women over to do a “home study,” but that was a good year or more after they had already placed the kids with us. That was the first, and last, time anyone checked on our home.
And they didn’t even check the bedrooms. If they had, they would have discovered that not all the kids had their own beds. In fact, not all the kids even had bedrooms. We used two of our shops storage rooms for some of the kids.
No, the two tribal “social workers” who flew in from another state and who we were told would spend two days with us, chatted with my husband for about an hour, then asked how to get to a local attraction. They were anxious to get started with their paid vacation. We were happy to give them directions and be finished with the faux “home study.”
That was it. Never saw them again.
So...our family knows first hand what it takes to be one of our tribe’s “acceptable” Indian homes.
How did it turn out? I’d like to say that we became the Brady Bunch. But it’s not that simple.
In some ways, at various points of time, we did great. There was love, laughs, and kindness, along with the stress, sibling rivalry, and melt downs. The four kids, all under 7 when they arrived, started calling us Mom and Dad, just as our first five did, and all the kids, most of whom were the same age, began referring to each other as brothers & sisters.
But our lives were far from story book (Or even TV series). The reality of the effects of alcohol exposure, crack exposure, and neglect on the four wove through all of our lives. It’s one thing if a family is trying to help one child get through this kind of storm. It’s quite another when one is trying to help four without training, support, or resources - while trying to raise your own five young children at the same time.
Yup. The tribe mandated the ICWA thing, and then left us hanging.
Why did I do it? Why didn’t I just say “No?” Again, because of ICWA. I had seen the conditions in which my husband’s nephews, nieces and other grandchildren were being made to live. I knew that even though I was on the edge of losing my mind, our home was still better and safer than any other that the tribe might choose. I couldn’t turn these four away to that kind of life. Believe it or not—as much as I felt like a basket case on my better days and the wicked witch on my worst, our home was truly the best these children would get in an ICWA placement.
And we had Jesus Christ to lean on, and a wonderful, loving, large church family. Without these, I truly might have lost my mind.
Three years after my husband was given custody, he was diagnosed with cancer. Four years later, he passed away. Through all those hard years, church brothers & sisters practically carried us.
After he passed, though, is when real troubles began. It was as if a dam of emotions, pent up and waiting, suddenly exploded. Some of it was the grief of birth children, some the impulse of teen-agers. The hardest though, was the eruption of FAE angst and the familial predilection to alcoholism as children entered adolescence one by one.
Today the storm is over. Only four of the nine are still minors. At this point in our story, despite years of trying to teach the children the dangers of drugs, all is not well.
Just last week, I gave custody of one of the grandchildren to the county in order that he be able to get the mental health help that he needs, as well as for the protection of the other children still in the home. I did this because the two grandchildren that had thus far reached adulthood have returned to the birth family—as well as the destructive family lifestyle. I now needed to change how I was doing things in order to prevent the same outcome with this child.
I just wish I had fully realized years ago how necessary trained help was, so that the other two might have benefitted as well. (By the way, through correct interpretation of the law, as we explained it to the judge, this particular custody transfer was deemed non-ICWA.)
Long story short—Contrary to the belief of Congress and one-sided, tribal government testimony, the “best interest of the child” does NOT require a relative placement or even an Indian placement.
As much as many tribal leaders want society to believe that all children of heritage are “theirs” and have a “connection” to tribal culture that will crush them if broken, it’s just not true. To some people such things matter, to others, it doesn’t.
My birth children and grandchildren, for example, would be crushed if forced to live on the reservation. My Children may be 50% Indian, but they have been raised in much safer, loving communities than the reservation community in which they are enrolled. Living on the reservation would have destroyed them.
Further, most children aren’t “just” Indian. Ours are also Irish, Scottish, German and even Jewish. All their heritages are equally important. Most children of tribal heritage have other, equally important heritages, and they are all US citizens who should be constitutionally given Equal Protection. Meaning - contrary to common practice today, enrolled children should not be left in conditions that children of any other heritage would be removed from. They are not mere chattel—a means for additional funding— for tribal governments.
Many children, after suffering abuse and neglect, need real help, and several tribal governments are negligent in that they place them into situations where they can not get it.
Time and again I have seen children placed by their tribe into violent, verbally, physically, and even sexually abusive, drug infested homes. I have seen little or no attention given to the emotional and mental health issues these children have had. That isn’t to say that no tribal governments care—it’s just to say that I, having lived in this particular extended family for 30 some years, haven’t seen it.
.
- I am one of those -
- that person you are afraid of. That person with whom children were placed, not because I could handle them, not because I even knew them ... In fact, my abilities, emotional stability, and character were never a factor at all. My husband was their grandfather. That’s all that mattered. No one from the tribe or the court ever talked to me about whether I could handle four more kids on top of my own five. No Guardian Ad Litem called to chat. No one seemed to care whether I could do this or not.
The Tribe did finally send a couple women over to do a “home study,” but that was a good year or more after they had already placed the kids with us. That was the first, and last, time anyone checked on our home.
And they didn’t even check the bedrooms. If they had, they would have discovered that not all the kids had their own beds. In fact, not all the kids even had bedrooms. We used two of our shops storage rooms for some of the kids.
No, the two tribal “social workers” who flew in from another state and who we were told would spend two days with us, chatted with my husband for about an hour, then asked how to get to a local attraction. They were anxious to get started with their paid vacation. We were happy to give them directions and be finished with the faux “home study.”
That was it. Never saw them again.
So...our family knows first hand what it takes to be one of our tribe’s “acceptable” Indian homes.
How did it turn out? I’d like to say that we became the Brady Bunch. But it’s not that simple.
In some ways, at various points of time, we did great. There was love, laughs, and kindness, along with the stress, sibling rivalry, and melt downs. The four kids, all under 7 when they arrived, started calling us Mom and Dad, just as our first five did, and all the kids, most of whom were the same age, began referring to each other as brothers & sisters.
But our lives were far from story book (Or even TV series). The reality of the effects of alcohol exposure, crack exposure, and neglect on the four wove through all of our lives. It’s one thing if a family is trying to help one child get through this kind of storm. It’s quite another when one is trying to help four without training, support, or resources - while trying to raise your own five young children at the same time.
Yup. The tribe mandated the ICWA thing, and then left us hanging.
Why did I do it? Why didn’t I just say “No?” Again, because of ICWA. I had seen the conditions in which my husband’s nephews, nieces and other grandchildren were being made to live. I knew that even though I was on the edge of losing my mind, our home was still better and safer than any other that the tribe might choose. I couldn’t turn these four away to that kind of life. Believe it or not—as much as I felt like a basket case on my better days and the wicked witch on my worst, our home was truly the best these children would get in an ICWA placement.
And we had Jesus Christ to lean on, and a wonderful, loving, large church family. Without these, I truly might have lost my mind.
Three years after my husband was given custody, he was diagnosed with cancer. Four years later, he passed away. Through all those hard years, church brothers & sisters practically carried us.
After he passed, though, is when real troubles began. It was as if a dam of emotions, pent up and waiting, suddenly exploded. Some of it was the grief of birth children, some the impulse of teen-agers. The hardest though, was the eruption of FAE angst and the familial predilection to alcoholism as children entered adolescence one by one.
Today the storm is over. Only four of the nine are still minors. At this point in our story, despite years of trying to teach the children the dangers of drugs, all is not well.
Just last week, I gave custody of one of the grandchildren to the county in order that he be able to get the mental health help that he needs, as well as for the protection of the other children still in the home. I did this because the two grandchildren that had thus far reached adulthood have returned to the birth family—as well as the destructive family lifestyle. I now needed to change how I was doing things in order to prevent the same outcome with this child.
I just wish I had fully realized years ago how necessary trained help was, so that the other two might have benefitted as well. (By the way, through correct interpretation of the law, as we explained it to the judge, this particular custody transfer was deemed non-ICWA.)
Long story short—Contrary to the belief of Congress and one-sided, tribal government testimony, the “best interest of the child” does NOT require a relative placement or even an Indian placement.
As much as many tribal leaders want society to believe that all children of heritage are “theirs” and have a “connection” to tribal culture that will crush them if broken, it’s just not true. To some people such things matter, to others, it doesn’t.
My birth children and grandchildren, for example, would be crushed if forced to live on the reservation. My Children may be 50% Indian, but they have been raised in much safer, loving communities than the reservation community in which they are enrolled. Living on the reservation would have destroyed them.
Further, most children aren’t “just” Indian. Ours are also Irish, Scottish, German and even Jewish. All their heritages are equally important. Most children of tribal heritage have other, equally important heritages, and they are all US citizens who should be constitutionally given Equal Protection. Meaning - contrary to common practice today, enrolled children should not be left in conditions that children of any other heritage would be removed from. They are not mere chattel—a means for additional funding— for tribal governments.
Many children, after suffering abuse and neglect, need real help, and several tribal governments are negligent in that they place them into situations where they can not get it.
Time and again I have seen children placed by their tribe into violent, verbally, physically, and even sexually abusive, drug infested homes. I have seen little or no attention given to the emotional and mental health issues these children have had. That isn’t to say that no tribal governments care—it’s just to say that I, having lived in this particular extended family for 30 some years, haven’t seen it.
ICWA, in all our family experience, is a crime against children.
Wednesday, May 19, 2010
Federal Indian Policy Says THIS is BEST for children?
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Many Families of American Indian Heritage do NOT want their children raised on or near Reservations. Ours is one of them. Here are the facts.
- Federal statistics have shown that for years that children that live on or near reservations die at about twice the national rate. Quoted in a Dec. 7th edition of the Oregonian, Jon Perez, a director of behavioral health at the federal Indian Health Service, stated, “What you have are developing countries right in the heart of the United States. Each has a history of neglect and a legacy of trauma that explains these disparities. We need this history not as excuses for the disparities but as a need to intervene.”
Yet, Federal Indian policy and tribal governments keep telling everyone that the reservations are the best places for children of tribal heritage, and mandates that tribal government has juridiction over children in cases where they are in need of care. Why? Are their lives less important than other children's?
The Minneapolis Star and Tribune, on April 25, 2004, offered the following statistics for one Reservation county:
And if a child's heritage is as important as tribal governments keep claiming it is, why does the federal government believe that only a child's tribal heritage is important? Most enrollable children are less than 50% Indian heritage! Why does the tribe have a right to interfere with children that are living in homes that better reflect their full heritage?
The statistics, after ten years, must be even greater now for interracial marriage...and interracial co-habitation and interracial flings....
But this isn't about drawing a line to decide how much pedigree is necessary for tribal government to lay claim in a child. Any American citizen, no matter what percentage of tribal heritage, has a right to say "no" and choose not to be involved in the reservation system. Blood Quantum should not rob anyone of that right.
Roland John Morris, (passed away) was 100% Minnesota Chippewa, but did NOT believe in the Reservation system or federal Indian policy. He believed the reservation is killing people, emotionally, spiritually, and through that - physically. Drug addiction, alcoholism, abuse, etc.
He believed Men need to feel needed by their families, and as long as government taking care of everyone - helplessness and despair reign.
He DID fight system politically. He spoke out against federal Indian policy, the reservation system, and in particular, the Indian Child Welfare Act. For that, he was called a racist.
The Indian Child Welfare Act is a travesty of Justice and needs to be rescinded.
Visit Independent Indian Press - Conservative tribal members, speaking their minds
.
Many Families of American Indian Heritage do NOT want their children raised on or near Reservations. Ours is one of them. Here are the facts.
- Federal statistics have shown that for years that children that live on or near reservations die at about twice the national rate. Quoted in a Dec. 7th edition of the Oregonian, Jon Perez, a director of behavioral health at the federal Indian Health Service, stated, “What you have are developing countries right in the heart of the United States. Each has a history of neglect and a legacy of trauma that explains these disparities. We need this history not as excuses for the disparities but as a need to intervene.”
Yet, Federal Indian policy and tribal governments keep telling everyone that the reservations are the best places for children of tribal heritage, and mandates that tribal government has juridiction over children in cases where they are in need of care. Why? Are their lives less important than other children's?
The Minneapolis Star and Tribune, on April 25, 2004, offered the following statistics for one Reservation county:
*Cass County, where most of the reservation's people live, ranked last among 77 Minnesota counties in a 1999 government study that measured the health and safety of children.Yet, in 2009, a baby boy was taken by the government from his safe, loving adoptive home in Utah and placed into the care of this very reservation. Why? Who benefited from that move? Certainly not the little boy!
*In 2002, Cass County had the state's highest percentage of children living in foster homes and other county-supervised care. Most of them were Indians from the reservation, taken away from their parents, or given up by them, because of abuse, neglect or delinquency.
*A statewide study of ninth-graders in the mid-1990s found that Cass County had the highest rate of heavy drug and alcohol use and the highest.
And if a child's heritage is as important as tribal governments keep claiming it is, why does the federal government believe that only a child's tribal heritage is important? Most enrollable children are less than 50% Indian heritage! Why does the tribe have a right to interfere with children that are living in homes that better reflect their full heritage?
The statistics, after ten years, must be even greater now for interracial marriage...and interracial co-habitation and interracial flings....
But this isn't about drawing a line to decide how much pedigree is necessary for tribal government to lay claim in a child. Any American citizen, no matter what percentage of tribal heritage, has a right to say "no" and choose not to be involved in the reservation system. Blood Quantum should not rob anyone of that right.
Roland John Morris, (passed away) was 100% Minnesota Chippewa, but did NOT believe in the Reservation system or federal Indian policy. He believed the reservation is killing people, emotionally, spiritually, and through that - physically. Drug addiction, alcoholism, abuse, etc.
He believed Men need to feel needed by their families, and as long as government taking care of everyone - helplessness and despair reign.
He DID fight system politically. He spoke out against federal Indian policy, the reservation system, and in particular, the Indian Child Welfare Act. For that, he was called a racist.
- The 2000 census told us that there were 4,119,301 American Indians and Alaska Natives in the United States and 562 federally funded tribes. Approximately 75% live outside the reservation, with about 55% residing in metropolitan areas. Only about 25% of tribal members live on reservations. Most have chosen to leave.
- Further, reservations are not populated by just tribal members. As of the 2000 Census, as much as 45% of reservation residents are non-Indian. In fact, on 30% of the reservations, the number of non-members is equal to or greater than the number of tribal members. The incidence of inter-racial marriage is high. The Montana Supreme Court, in Skillen v. Menz, wrote, "…interracial marriages are a fact of life, and, as with other marriages, so are interracial divorces and custody disputes over the children of those marriages.
The Indian Child Welfare Act is a travesty of Justice and needs to be rescinded.
Visit Independent Indian Press - Conservative tribal members, speaking their minds
.
Saturday, May 15, 2010
Independent Indian - Independent Thinking
,
A new website is offering conservative tribal members the opportunity to speak up and speak out about how they really feel, without danger of tribal government finding out who they are.
The Independent Indian Press went online in April 2010 and is already getting attention.
Unfortunately, there are few Indian papers that people can write conservative thoughts freely in. Most local Indian papers are owned or run by Tribal governments that only allow things to be printed that make them look good. There are some that are independent, but if they get funds from the tribal government, they also toe the line and don't say much that the tribal council wouldn't like.
Up until last year, people were able to speak up freely in the Native American Press / Ojibwe News out of Bemidji, Minnesota. The owner/editor, Bill Lawrence, understood the pressures people had on them to remain silent about things going on in Indian Country, so he allowed people to be printed anonymous. He ususally knew who they were, and why they had to hide their names. By doing that, he enabled people to come forward with their stories of tribal government corruption and opression. He encouraged them to bring documentation with them, which he happily copied and printed in the paper.
According to the Star & Tribune in 2009,
However, Bill became ill with cancer and after 21 years of publishing, had to close it down. He passed away February, 2010, in Idaho.
Many were saddened losing Bill. He was a rare, wonderful gem as a human being. We've also been saddened by the loss of one of the few outlets for free speach in Indian Country.
Bill Lawrence has passed on. The Native American Press / Ojibwe News has printed its final edition. But their legacy and what they taught lives on.
Bill didn't want anyone to reproduce the paper. He said it was too hard to make any money from it, and with the Newspaper industry on the decline, it will only get worse.
So the Independent Indian Press has gone online, instead, to hopefully fill the hole left behind. The point isn't to make money, but to provide an outlet for people to speak freely and honestly.
This site is "open to the writings of Tribal Members and those that love them for the purpose of standing up for Conservative Values, the US Constitution and freedom from over-reaching government."
You can visit it, and submit writing, at Independent Indian Press
.
A new website is offering conservative tribal members the opportunity to speak up and speak out about how they really feel, without danger of tribal government finding out who they are.
The Independent Indian Press went online in April 2010 and is already getting attention.
Unfortunately, there are few Indian papers that people can write conservative thoughts freely in. Most local Indian papers are owned or run by Tribal governments that only allow things to be printed that make them look good. There are some that are independent, but if they get funds from the tribal government, they also toe the line and don't say much that the tribal council wouldn't like.
Up until last year, people were able to speak up freely in the Native American Press / Ojibwe News out of Bemidji, Minnesota. The owner/editor, Bill Lawrence, understood the pressures people had on them to remain silent about things going on in Indian Country, so he allowed people to be printed anonymous. He ususally knew who they were, and why they had to hide their names. By doing that, he enabled people to come forward with their stories of tribal government corruption and opression. He encouraged them to bring documentation with them, which he happily copied and printed in the paper.
According to the Star & Tribune in 2009,
"Former U.S. Attorney for Minnesota David Lillehaug led a wide-ranging prosecution of tribal leaders in the 1990s, which culminated in prison terms for White Earth Chairman Darryl (Chip) Wadena, Leech Lake Chairman Alfred (Tig) Pemberton and former Leech Lake attorney and State Sen. Harold (Skip) Finn. All three were targets of Lawrence’s reporting.
“Bill Lawrence and the Native American Press performed a valuable service in identifying corruption in tribal government,” Lillehaug said. “Some of his stories provided leads for federal law enforcement, others were dry holes. But when he was right, he was really right.”
"In 2003, the Minnesota chapter of the Society of Professional Journalists awarded Lawrence its Freedom of Information Award for his legal effort to make public audits of Indian casinos, which Lawrence called “state-sanctioned monopolies that should be monitored, open and accountable.”
"Lillehaug called him “a force for transparency in tribal government.”
However, Bill became ill with cancer and after 21 years of publishing, had to close it down. He passed away February, 2010, in Idaho.
Many were saddened losing Bill. He was a rare, wonderful gem as a human being. We've also been saddened by the loss of one of the few outlets for free speach in Indian Country.
Bill Lawrence has passed on. The Native American Press / Ojibwe News has printed its final edition. But their legacy and what they taught lives on.
Bill didn't want anyone to reproduce the paper. He said it was too hard to make any money from it, and with the Newspaper industry on the decline, it will only get worse.
So the Independent Indian Press has gone online, instead, to hopefully fill the hole left behind. The point isn't to make money, but to provide an outlet for people to speak freely and honestly.
This site is "open to the writings of Tribal Members and those that love them for the purpose of standing up for Conservative Values, the US Constitution and freedom from over-reaching government."
You can visit it, and submit writing, at Independent Indian Press
.
Tuesday, May 11, 2010
Case Law for Existing Indian Family Doctrine
.Holyfield - the first case in which the federal high court has construed ICWA,
Mississippi Choctaw Indian Band v. Holyfield, 490 US 30 (1989) Docket No. 87-980, Argued January 11, 1989, Decided April 3, 1989, CITATION: 490 U.S. 30, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989),
DISCUSSION: I A The Indian Child Welfare Act of 1978 (ICWA), 92 Stat. 3069, 25 U.S.C. 1901-1963, was the product of rising concern in the mid-1970's over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes.
Dissenting footnotes: STEVENS, J., filed a dissenting opinion, in which REHNQUIST, C. J., and KENNEDY, J., joined.
[ Footnote 8 ] The explanation of this subsection in the House Report reads as follows: "Subsection (b) directs a State court, having jurisdiction over an Indian child custody proceeding to transfer such proceeding, absent good cause to the contrary, to the appropriate tribal court upon the petition of the parents or the Indian tribe. Either parent is given the right to veto such transfer. The subsection is intended to permit a State court to apply a modified doctrine of forum non conveniens, in appropriate cases, to insure [490 U.S. 30, 61] that the rights of the child as an Indian, the Indian parents or custodian, and the tribe are fully protected." Id., at 21. In commenting on the provision, the Department of Justice suggested that the section should be clarified to make it perfectly clear that a state court need not surrender jurisdiction of a child custody proceeding if the Indian parent objected. The Department of Justice letter stated:
[ Footnote 9 ] Chief Isaac elsewhere expressed a similar concern for the rights of parents with reference to another provision. See Hearing, supra n. 1, at 158 (statement on behalf of National Tribal Chairmen's Association)
In Bridget R. -In re Bridget R. (1996) 41 Cal.App.4th 1483 (Bridget R.). January 19, 1996 , LLR No. 9601041.CA, Cite as: LLR 1996.CA.41 - The Pomo Twins
[33] As we explain, recognition of the existing Indian family doctrine is necessary in a case such as this in order to preserve ICWA's constitutionality. We hold that under the Fifth, Tenth and Fourteenth Amendments to the United States Constitution, ICWA does not and cannot apply to invalidate a voluntary termination of parental rights respecting an Indian child who is not domiciled on a reservation, unless the child's biological parent, or parents, are not only of American Indian descent, but also maintain a significant social, cultural or political relationship with their tribe.
[145] *fn11 We note in passing that Congress in 1987 failed to approve amendments to ICWA which were described in materials considered by the Senate Select Committee on Indian Affairs as having the effect of precluding application of the existing Indian family doctrine. (See Hearings before the Senate Select Com. on Indian Affairs, United States Senate, 100th Cong., 1st Sess. on Oversight Hearings on the Indian Child Welfare Act, Nov. 10, 1987, Appendix B, pp. 167-171.)
In re Alexandria Y.
(1996) 45 Cal.App.4th 1483, -
which applied the "existing Indian family doctrine" to a proceeding to terminate parental rights and implement a pre-adoptive placement.
...., the Fourth District held that "recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA" (In re Alexandria Y., supra, 25 Cal.App.4th at p. 1493), and held that the trial court had acted properly in refusing to apply the ICWA "because neither [the child] nor [the mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve." (Id. at p. 1485.)
The court observed that not only did neither the mother nor the child have any relationship with the tribe, but also that the father was Hispanic, and that the child was placed in a preadoptive home where Spanish was spoken. "Under these circumstances," the court commented, "it would be anomalous to allow the ICWA to govern the termination proceedings. It was clearly not the intent of the Congress to do so." (Id. at p. 1494.)
From Santos y,
In re SANTOS Y., a Person Coming Under the Juvenile Court Law, In re Santos Y. (2001) , Cal.App.4th [No. B144822. Second Dist., Div. Two. July 20, 2001.]
“Application of the ICWA to a child whose only connection with an Indian tribe is a one-quarter genetic contribution does not serve the purpose for which the ICWA was enacted, "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).”
The court paid "particular attention to In re Bridget R., and quoted from Bridget R.'s due process and equal protection analysis at relative length.”
They also said, “We do not disagree with the proposition that preserving Native-American culture is a significant, if not compelling, governmental interest. We do not, however, see that interest being served by applying the ICWA to a multi-ethnic child who has had a minimal relationship with his assimilated parents, particularly when the tribal interests "can serve no purpose which is sufficiently compelling to overcome the child's right to remain in the home where he . . . is loved and well cared for, with people to whom the child is daily becoming more attached by bonds of affection and among whom the child feels secure to learn and grow." (In re Bridget R., supra, 41 Cal.App.4th at p. 1508.)”
Finally, Santos states, "Congress considered amending the ICWA to preclude application of the "existing Indian family doctrine" but did not do so.”
RE: Santos Footnotes, - Existing Family Doctrine:
¬FN 15. Accepting the doctrine: Alabama (S.A. v. E.J.P. (Ala.Civ.App. 1990) 571 So.2d 1187); Indiana (Matter of Adoption of T.R.M. (Ind. 1988) 525 N.E.2d 298); Kansas (Matter of Adoption of Baby Boy L. (Kan. 1982) 643 P.2d 168); Kentucky (Rye v. Weasel (Ky. 1996) 934 S.W. 2d 257); Missouri (In Interest of S.A.M. (Mo.App. 1986) 703 S.W.2d 603); New York (In re Adoption of Baby Girl S. (Sur. 1999) 690 N.Y.S. 2d 907); Oklahoma (Matter of Adoption of Baby Boy D. (Ok. 1985) 742 P.2d 1059); Tennessee (In re Morgan (Tenn.Ct.App. 1997) WL 716880); Washington (Matter of Adoption of Crews (Wash. 1992) 825 P.2d 305).
Rejecting the doctrine: Alaska (Matter of Adoption of T.N.F. (Alaska 1989) 781 P.2d 973); Idaho (Matter of Baby Boy Doe (Idaho 1993) 849 P.2d 925); Illinois (In re Adoption of S.S. (Ill. 1995) 657 N.E.2d 935); New Jersey (Matter of Adoption of a Child of Indian Heritage (N.J. 1988) 111 N.J. 155, 543 A.2d 925); South Dakota (Matter of Adoption of Baade (S.D. 1990) 462 N.W.2d 485); Utah (State, in Interest of D.A.C. (Utah App. 1997) 933 P.2d 993.)
United States Code Title 25 - Indians Chapter 21 - Indian Child Welfare
§ 1911. Indian tribe jurisdiction over Indian child custody proceedings(b) Transfer of proceedings; declination by tribal Court: 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, upon the petition of either parent or the Indian custodian or the Indian child's tribe: Provided, That such transfer shall be subject to declination by the tribal court of such tribe.
(Ftn 1) "The 2000 Census indicated that as much at 66 percent of the American Indian and Alaska Native population live in urban areas," the Senate Indian Affairs Committee wrote in a views and estimates letter on March 2 2007. http://www.indianz.com/News/2007/001803.asp
(ftn2) 14th Amendment, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and therefore have all the privileges or immunities of citizens of the United States. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
.
Mississippi Choctaw Indian Band v. Holyfield, 490 US 30 (1989) Docket No. 87-980, Argued January 11, 1989, Decided April 3, 1989, CITATION: 490 U.S. 30, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989),
DISCUSSION: I A The Indian Child Welfare Act of 1978 (ICWA), 92 Stat. 3069, 25 U.S.C. 1901-1963, was the product of rising concern in the mid-1970's over the consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes.
Dissenting footnotes: STEVENS, J., filed a dissenting opinion, in which REHNQUIST, C. J., and KENNEDY, J., joined.
[ Footnote 8 ] The explanation of this subsection in the House Report reads as follows: "Subsection (b) directs a State court, having jurisdiction over an Indian child custody proceeding to transfer such proceeding, absent good cause to the contrary, to the appropriate tribal court upon the petition of the parents or the Indian tribe. Either parent is given the right to veto such transfer. The subsection is intended to permit a State court to apply a modified doctrine of forum non conveniens, in appropriate cases, to insure [490 U.S. 30, 61] that the rights of the child as an Indian, the Indian parents or custodian, and the tribe are fully protected." Id., at 21. In commenting on the provision, the Department of Justice suggested that the section should be clarified to make it perfectly clear that a state court need not surrender jurisdiction of a child custody proceeding if the Indian parent objected. The Department of Justice letter stated:
"Section 101(b) should be amended to prohibit clearly the transfer of a childAlthough the specific suggestion made by the Department of Justice was not in fact implemented, it is noteworthy that there is nothing in the legislative history to suggest that the recommended change was in any way inconsistent with any of the purposes of the statute.
placement proceeding to a tribal court when any parent or child over the age of
12 objects to the transfer." Id., at 32.
[ Footnote 9 ] Chief Isaac elsewhere expressed a similar concern for the rights of parents with reference to another provision. See Hearing, supra n. 1, at 158 (statement on behalf of National Tribal Chairmen's Association)
("We believe the tribe should receive notice in all such cases but where theBut when an Indian child is deliberately abandoned by both parents to a person off the reservation, no purpose of the ICWA is served by closing the state courthouse door to them. The interests of the parents, the Indian child, and the tribe in preventing the unwarranted removal of Indian children from their families and from the reservation are protected by the Act's substantive and procedural provisions. In addition, if both parents have intentionally invoked the jurisdiction of the state court in an action involving a non-Indian, no interest in tribal self-governance is implicated. See McClanahan v. Arizona State Tax Comm'n, 411 U.S. 164, 173 (1973); Williams v. [490 U.S. 30, 64] Lee, 358 U.S. 217, 219 -220 (1959); Felix v. Patrick, 145 U.S. 317, 332 (1892).
child is neither a resident nor domiciliary of the reservation intervention
should require the consent of the natural parents or the blood relative in whose
custody the child has been left by the natural parents. It seems there is a
great potential in the provisions of section 101(c) for infringing parental
wishes and rights").
In Bridget R. -In re Bridget R. (1996) 41 Cal.App.4th 1483 (Bridget R.). January 19, 1996 , LLR No. 9601041.CA, Cite as: LLR 1996.CA.41 - The Pomo Twins
[33] As we explain, recognition of the existing Indian family doctrine is necessary in a case such as this in order to preserve ICWA's constitutionality. We hold that under the Fifth, Tenth and Fourteenth Amendments to the United States Constitution, ICWA does not and cannot apply to invalidate a voluntary termination of parental rights respecting an Indian child who is not domiciled on a reservation, unless the child's biological parent, or parents, are not only of American Indian descent, but also maintain a significant social, cultural or political relationship with their tribe.
[145] *fn11 We note in passing that Congress in 1987 failed to approve amendments to ICWA which were described in materials considered by the Senate Select Committee on Indian Affairs as having the effect of precluding application of the existing Indian family doctrine. (See Hearings before the Senate Select Com. on Indian Affairs, United States Senate, 100th Cong., 1st Sess. on Oversight Hearings on the Indian Child Welfare Act, Nov. 10, 1987, Appendix B, pp. 167-171.)
In re Alexandria Y.
(1996) 45 Cal.App.4th 1483, -
which applied the "existing Indian family doctrine" to a proceeding to terminate parental rights and implement a pre-adoptive placement.
...., the Fourth District held that "recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA" (In re Alexandria Y., supra, 25 Cal.App.4th at p. 1493), and held that the trial court had acted properly in refusing to apply the ICWA "because neither [the child] nor [the mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve." (Id. at p. 1485.)
The court observed that not only did neither the mother nor the child have any relationship with the tribe, but also that the father was Hispanic, and that the child was placed in a preadoptive home where Spanish was spoken. "Under these circumstances," the court commented, "it would be anomalous to allow the ICWA to govern the termination proceedings. It was clearly not the intent of the Congress to do so." (Id. at p. 1494.)
From Santos y,
In re SANTOS Y., a Person Coming Under the Juvenile Court Law, In re Santos Y. (2001) , Cal.App.4th [No. B144822. Second Dist., Div. Two. July 20, 2001.]
“Application of the ICWA to a child whose only connection with an Indian tribe is a one-quarter genetic contribution does not serve the purpose for which the ICWA was enacted, "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).”
The court paid "particular attention to In re Bridget R., and quoted from Bridget R.'s due process and equal protection analysis at relative length.”
They also said, “We do not disagree with the proposition that preserving Native-American culture is a significant, if not compelling, governmental interest. We do not, however, see that interest being served by applying the ICWA to a multi-ethnic child who has had a minimal relationship with his assimilated parents, particularly when the tribal interests "can serve no purpose which is sufficiently compelling to overcome the child's right to remain in the home where he . . . is loved and well cared for, with people to whom the child is daily becoming more attached by bonds of affection and among whom the child feels secure to learn and grow." (In re Bridget R., supra, 41 Cal.App.4th at p. 1508.)”
Finally, Santos states, "Congress considered amending the ICWA to preclude application of the "existing Indian family doctrine" but did not do so.”
RE: Santos Footnotes, - Existing Family Doctrine:
¬FN 15. Accepting the doctrine: Alabama (S.A. v. E.J.P. (Ala.Civ.App. 1990) 571 So.2d 1187); Indiana (Matter of Adoption of T.R.M. (Ind. 1988) 525 N.E.2d 298); Kansas (Matter of Adoption of Baby Boy L. (Kan. 1982) 643 P.2d 168); Kentucky (Rye v. Weasel (Ky. 1996) 934 S.W. 2d 257); Missouri (In Interest of S.A.M. (Mo.App. 1986) 703 S.W.2d 603); New York (In re Adoption of Baby Girl S. (Sur. 1999) 690 N.Y.S. 2d 907); Oklahoma (Matter of Adoption of Baby Boy D. (Ok. 1985) 742 P.2d 1059); Tennessee (In re Morgan (Tenn.Ct.App. 1997) WL 716880); Washington (Matter of Adoption of Crews (Wash. 1992) 825 P.2d 305).
Rejecting the doctrine: Alaska (Matter of Adoption of T.N.F. (Alaska 1989) 781 P.2d 973); Idaho (Matter of Baby Boy Doe (Idaho 1993) 849 P.2d 925); Illinois (In re Adoption of S.S. (Ill. 1995) 657 N.E.2d 935); New Jersey (Matter of Adoption of a Child of Indian Heritage (N.J. 1988) 111 N.J. 155, 543 A.2d 925); South Dakota (Matter of Adoption of Baade (S.D. 1990) 462 N.W.2d 485); Utah (State, in Interest of D.A.C. (Utah App. 1997) 933 P.2d 993.)
United States Code Title 25 - Indians Chapter 21 - Indian Child Welfare
§ 1911. Indian tribe jurisdiction over Indian child custody proceedings(b) Transfer of proceedings; declination by tribal Court: 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, upon the petition of either parent or the Indian custodian or the Indian child's tribe: Provided, That such transfer shall be subject to declination by the tribal court of such tribe.
(Ftn 1) "The 2000 Census indicated that as much at 66 percent of the American Indian and Alaska Native population live in urban areas," the Senate Indian Affairs Committee wrote in a views and estimates letter on March 2 2007. http://www.indianz.com/News/2007/001803.asp
(ftn2) 14th Amendment, Section 1: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and therefore have all the privileges or immunities of citizens of the United States. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
.
Sunday, May 9, 2010
Jewish relative keeps custody of Indian kids
.
But it's not always a slam-dunk...
SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/local/80121_grandmom26.shtml
Jewish relative keeps custody of Indian kids
Friday, July 26, 2002By PAUL SHUKOVSKY
The state Supreme Court ruled yesterday that a Jewish grandmother will be allowed to continue raising her Native American grandchildren in her Tacoma home despite assertions from the mother that the children should be with her.
In a legal battle that balanced cultural protections for Indian families and tribes with the best interests of the children, the court ruled that transferring custody to the mother "would likely result in serious emotional and potentially physical damage to the children."
In 1992, Rebecca Johnston, an Alaskan Indian, and her boyfriend, Mark Mahaney, were living in Anchorage and both were struggling with the ravages of alcohol abuse, according to court documents. That March, they sent their two toddlers to live with their grandmother Erika Mahaney, also of Anchorage. The next year, they gave temporary legal custody to the grandmother, who moved with the youngsters to Tacoma.
The girl, now about 14, and the boy, about 12, have been living with their grandmother ever since and have been raised Jewish, attending Hebrew school and taking Yiddish lessons. The girl, according to court records, describes herself as being Jewish.
Over the years, Rebecca Johnston has made several attempts to regain custody of her children, asserting that she can give them a stable home environment.
An attempt to regain custody in 1994 failed when Erika Mahaney obtained, in Pierce County Superior Court, a temporary non-parental custody order.
Erika Mahaney told the court that the children suffered from "the effects of sexual abuse, domestic violence, general neglect and abandonment" while under their mother's care.
Johnston denied allegations that she used illegal drugs, and accusations from the girl that she sexually abused her. Johnston admits that she saw her younger brother sexually molest both children. In addition, she spent time behind bars after convictions for driving while intoxicated.
The children have been diagnosed with fetal alcohol syndrome, attention deficit-hyperactivity disorder, post-traumatic stress disorder and other behavioral disorders associated with sexual abuse.
The court ordered that it was in the best interest of the children for the grandmother to retain custody.
Johnston brought her custody battle to the state Court of Appeals in 1999, asserting that under the federal Indian Child Welfare Act, the Superior Court had not evaluated the evidence against her using the "clear and convincing standard" listed in federal Bureau of Indian Affairs guidelines.
And she said that under the law, an expert versed in Indian culture should have been involved in evaluating the evidence against her.
The Indian Child Welfare Act was enacted in 1978 "to promote the security and stability of Indian tribes" while protecting the best interests of Indian children. The law gives a clear preference for keeping Indian children with their families and placing Indian children who must be removed from their homes within their own families or Indian tribes.
The appellate court agreed with the mother and overturned the trial court ruling. The grandmother then brought the case to the Supreme Court.
Yesterday, the Supreme Court handed Mahaney a victory by overturning the court of appeals ruling.
Saying that the guidelines of evaluating the evidence by a clear and convincing standard do not have the effect of law, the court held that the Indian Child Welfare Act does not replace the mandate of Washington state law requiring that the best interests of the child be paramount.
"Even where there is no showing of present parental unfitness ... the court may take into consideration emotional and psychological damage from prior unfitness. Moreover, in the case before us, the court is entitled to examine the lack of a bond to the parent and the presence of a bond to the children's grandmother, who has been their parent figure for most of their lives."
The court also noted that under the Indian Child Welfare Act, placement with a grandmother, even a non-Indian, is contemplated as appropriate.
The justices quoted the trial lawyer who said that "transferring custody to (the mother) would likely result in serious emotional and potentially physical damage to the children."
The high court also held that there is no need for an expert witness to have special knowledge of Indian life if the testimony does not inject cultural bias or subjectivity into the proceedings.
.
But it's not always a slam-dunk...
SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/local/80121_grandmom26.shtml
Jewish relative keeps custody of Indian kids
Friday, July 26, 2002By PAUL SHUKOVSKY
The state Supreme Court ruled yesterday that a Jewish grandmother will be allowed to continue raising her Native American grandchildren in her Tacoma home despite assertions from the mother that the children should be with her.
In a legal battle that balanced cultural protections for Indian families and tribes with the best interests of the children, the court ruled that transferring custody to the mother "would likely result in serious emotional and potentially physical damage to the children."
In 1992, Rebecca Johnston, an Alaskan Indian, and her boyfriend, Mark Mahaney, were living in Anchorage and both were struggling with the ravages of alcohol abuse, according to court documents. That March, they sent their two toddlers to live with their grandmother Erika Mahaney, also of Anchorage. The next year, they gave temporary legal custody to the grandmother, who moved with the youngsters to Tacoma.
The girl, now about 14, and the boy, about 12, have been living with their grandmother ever since and have been raised Jewish, attending Hebrew school and taking Yiddish lessons. The girl, according to court records, describes herself as being Jewish.
Over the years, Rebecca Johnston has made several attempts to regain custody of her children, asserting that she can give them a stable home environment.
An attempt to regain custody in 1994 failed when Erika Mahaney obtained, in Pierce County Superior Court, a temporary non-parental custody order.
Erika Mahaney told the court that the children suffered from "the effects of sexual abuse, domestic violence, general neglect and abandonment" while under their mother's care.
Johnston denied allegations that she used illegal drugs, and accusations from the girl that she sexually abused her. Johnston admits that she saw her younger brother sexually molest both children. In addition, she spent time behind bars after convictions for driving while intoxicated.
The children have been diagnosed with fetal alcohol syndrome, attention deficit-hyperactivity disorder, post-traumatic stress disorder and other behavioral disorders associated with sexual abuse.
The court ordered that it was in the best interest of the children for the grandmother to retain custody.
Johnston brought her custody battle to the state Court of Appeals in 1999, asserting that under the federal Indian Child Welfare Act, the Superior Court had not evaluated the evidence against her using the "clear and convincing standard" listed in federal Bureau of Indian Affairs guidelines.
And she said that under the law, an expert versed in Indian culture should have been involved in evaluating the evidence against her.
The Indian Child Welfare Act was enacted in 1978 "to promote the security and stability of Indian tribes" while protecting the best interests of Indian children. The law gives a clear preference for keeping Indian children with their families and placing Indian children who must be removed from their homes within their own families or Indian tribes.
The appellate court agreed with the mother and overturned the trial court ruling. The grandmother then brought the case to the Supreme Court.
Yesterday, the Supreme Court handed Mahaney a victory by overturning the court of appeals ruling.
Saying that the guidelines of evaluating the evidence by a clear and convincing standard do not have the effect of law, the court held that the Indian Child Welfare Act does not replace the mandate of Washington state law requiring that the best interests of the child be paramount.
"Even where there is no showing of present parental unfitness ... the court may take into consideration emotional and psychological damage from prior unfitness. Moreover, in the case before us, the court is entitled to examine the lack of a bond to the parent and the presence of a bond to the children's grandmother, who has been their parent figure for most of their lives."
The court also noted that under the Indian Child Welfare Act, placement with a grandmother, even a non-Indian, is contemplated as appropriate.
The justices quoted the trial lawyer who said that "transferring custody to (the mother) would likely result in serious emotional and potentially physical damage to the children."
The high court also held that there is no need for an expert witness to have special knowledge of Indian life if the testimony does not inject cultural bias or subjectivity into the proceedings.
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