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Showing posts with label Cherokee Nation. Show all posts
Showing posts with label Cherokee Nation. Show all posts

Sunday, October 21, 2012

REAL War on Women is from Cherokee Nation


NOT ONLY is the ‘INDIAN CHILD WELFARE ACT’ a weapon against the rights and best interests of many children – but it is an affront on the parental rights of ALL woman ~ The REAL War on Women comes in the form of the Cherokee Nation’s affirmation that single mothers of ALL heritages MUST fear tribal interference if they give a child up for adoption without knowing for certain that the birth father doesn’t have EVEN ONE DROP of Cherokee blood.

In the Thursday, October 18, 2012, segment of Dr. Phil show, Cherokee Nation Attorney Christi Nemmo refuses to admit Veronica had only a drop of Cherokee blood, but she also doesn't deny it. She doesn't answer the question because she knows people would be horrified. She tries to make the argument that it's not about how a child looks or how much blood the child has, but that they have a right to be part of the Cherokee tribe. Watch this 3 minute clip, then read more...
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She was sidestepping the fact that this "right" is being forced on not only this child, but many children and families all across the U.S. She is avoiding the fact that not all enrollable individuals WANT their children to be forced into the Cherokee Nation, not all enrollable parents want their children to be raised on or near the reservation, and some enrolled families have purposefully taken their children and moved away.

 For example: Enrolled mothers at a home for unwed mothers in Bismarck told State Representative Lee Kaldor that they had wanted to give their babies up for adoption, but were afraid that tribal government would interfere. So although they honestly didn't feel they were able to properly raise and nurture their babies, they felt that adoption wasn't an option. Instead, some of them contemplated abortion. ( Interestingly, tribal governments don't interfere in a mother's decision to abort.)

Nemmo is also ignoring the rights of the Latino birth mother in question - and ANY mother who chooses adoption for their child. The horrifying issue that is being ignored here is that while it's bad enough that enrolled mothers don't feel a freedom of choice in deciding what is best for their children, we also have a NON-Indian Mother, who was carrying a child with ONLY A TINY percentage of tribal heritage - and that mother and child's wishes were tromped on by tribal gov't. What a nightmare for any pregnant single mother contemplating adoption - that some minute amount of heritage could give a government the legal right to interfere.    

Beth Ward is the Author of the new book, "Dying in Indian Country." Purchase your copy at http://dyinginindiancountry.com/ and get it signed with a personal note, as well as $5 off the cover price ~

Tuesday, January 24, 2012

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


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

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

By: Haley Hernandez | WCBD


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

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

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

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

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

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

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

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

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

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

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

20,000 Signatures on the Petition!

20,000 signatures on the SaveVeronica petition - Delivered to SC Senators @JimDeMint & @GrahamBlog today! Pic: http://ping.fm/Gn0hS

In just three weeks, over 20,000 signatures were gathered and delivered to South Carolina leaders - protesting the treatment of 2-year-old Veronica Rose and insisting that the Indian Child Welfare Act be changed to better protect children and the families that love them

Wednesday, January 18, 2012

SC Supreme Court to hear case involving Veronica and Indian Child Welfare Act


VERONICA’S STORY BRINGS NATIONAL ATTENTION TO THE INDIAN CHILD WELFARE ACT

An injustice that has occurred to a two-year-old South Carolina child named Veronica Rose has brought national attention to our fight against the Indian Child Welfare Act.

Two years ago Veronica’s Latina birth mother chose Matt and Melanie to love, nurture and raise her child. To this day, Veronica’s birth mother remains committed to her decision and Veronica has been a thriving child residing in a stable, nurturing environment.

On or around Jan. 4, 2010, the birth father signed papers agreeing to give up his daughter. However, he changed his mind and because he had a small amount of Cherokee heritage, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to her birth father. Because of the Indian Child Welfare Act, a family court judge ruled in his favor.

View News Segment

Children need protection and should not be removed from a loving, nurturing environment. It is said that this law is meant to protect children; however, in Veronica’s case and many others, it has been used to hurt.

Former U.S. senator Jim Abourezk (SD), who authored ICWA, after reviewing Veronica's story, called the interpretation in this case "something totally different than what we intended at the time."
"That's a tragedy," he said. "They obviously were attached to the child and, I would assume, the child was attached to them."
The Christian Alliance for Indian Child Welfare, a national 501(c)3 organization, has been fighting to bring awareness of the Indian Child Welfare Act since 2004. Now, due to Veronica’s tragic story, the public has begun to pay attention and this organization’s years of fighting is gaining traction at a national level. Veronica’s case has caught the eyes of the media and lawmakers. Because of this, we are hopeful travesties such as what has happened to the this family will stop.

On January 6, “Save Veronica” became officially an advocacy and awareness campaign by the Christian Alliance for Indian Child Welfare so that the efforts to save Veronica could fall under the auspice of a nonprofit organization. This allows Veronica’s supporters to be protected under a legal entity and allows supporters to donate to the family’s legal defense fund and receive a tax deduction.

100 percent of funds collected for the Save Veronica Fund go directly to the family’s legal defense fund (Ray Godwin, Esq., Capobianco Trust account).

According to the 2000 census, approximately 75% of people claiming to have American Indian or Alaska Native ancestry live outside the reservation. Further, interracial marriages are a fact of life. It is must be recognized that most children of heritage live off the reservation and have extended family that are non-tribal. Though supporters of ICWA say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S have been hurt by it. Children who have never been near a reservation nor involved in tribal customs are affected.

The Cherokee Nation alone is currently tied up in about 1,100 active Indian Child Welfare cases involving some 1,500 children.

Please Contact your Congressmen and ask them to Change the ICWA Law.

Tragically, under the Indian Child Welfare Act:
1) Some children have been removed from safe, loving homes and placed in danger
2) Equal opportunities for adoption, safety and stability are not always available to children of all heritages
3) The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in some cases been infringed upon.
While we want more than anything for Veronica to be allowed to come home, Congressmen are unable to interfere in court proceedings. Please ask them as an elected representative to:

1) Do whatever possible to protect Veronica’s rights.
2) Speak out on this issue and let your constituents know clearly where you stand
3) Sponsor legislative changes that will prevent this from happening to any more children.
4) Encourage fellow Congressmen to support the amending of the Indian Child Welfare Act:
A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the "Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
E. Include well defined protections for Adoptive Parents.
F. Mandate that a "Qualified expert witness" be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.
G. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
- Remove the words “or are eligible for membership in” 1901 (3)
- Remove the words "eligible for membership in" from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words "an enrolled member of”
This list is available online as a PDF at http://www.saveveronica.org/what-can-you-do/

http://www.saveveronica.org/wp-content/uploads/2012/01/Senator-Letter-for-Veronica-and-ICWA-FINAL2.pdf

Wednesday, January 11, 2012

Today - Thursday - I am going to take the picture of Veronica and go make posters, yard signs and bumper stickers.... http://ping.fm/ov4li

Baby Veronica


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

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

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


(Psychologist who witnessed Veronica's transfer comments on the detrimental effects -Click Baby Veronica to hear an audio of the interview.)

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

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

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

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

Tragically, under the Indian Child Welfare Act:

1) Some children have been removed from safe, loving homes and placed in danger
2) Equal opportunities for adoption, safety and stability are not always available to children of all heritages
3) The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in some cases been infringed upon.

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

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

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

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

Tuesday, January 10, 2012

"Save Veronica" Video -

'Save Veronica' video is now featured on CAICW You Tube Channel - http://ping.fm/JdpRk

Tuesday, January 3, 2012

ICWA was used to take VERONICA. Please help this baby Girl return home: follow @Save_Veronica & share this petition! http://ping.fm/ERUKM

Sunday, January 1, 2012

Friday, December 30, 2011

Prayer for Veronica -

Today- "The judge denied our stay. They are taking her Sunday @ noon...nothing gradual" - PLEASE pray for a miracle for this family!

Tuesday, December 14, 2010

Indian Kids treated like Second Class Citizens

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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?"

"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."
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.

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."

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Friday, July 24, 2009

Mother Wins Fight Against Tribe!!

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Court: Mother’s custody wishes trump those of tribe
Supreme Court rules agency can place child with non-American Indian family

By Cy Ryan (contact) Las Vegas Sun

Thursday, July 23, 2009 1:07 p.m.
Beyond the Sun

* Nevada Supreme Court

CARSON CITY – The Nevada Supreme Court has ruled that a licensed adoption agency in Las Vegas can place an American Indian child with a family, despite the objections of the Cherokee Nation Tribe.

The court, in a unanimous decision, rejected the argument of the Cherokee Nation that the adoption procedures had to go through a tribal court instead of a state district court.

Deziray G., a 23-year-old registered citizen of the Cherokee Nation, gave birth to a son at Valley Hospital in Las Vegas on Jan. 10 2007. Two weeks later she relinquished her parental rights to a licensed adoption and child placement agency, A Child’s Dream of Nevada.

Deziray wanted her child placed with a non-American Indian family identified only as “Christine and John.”

District Judge Gerald Hardcastle signed the order relinquishing the rights of the mother.

The adoption agency also started action to terminate the parental rights of the apparent father, whose paternity was not established.

The Cherokee Nation, based in Oklahoma, filed suit in Reno asking to intervene in the case. During the two-year battle, the child has been with the family favored by the child’s mother.

The Supreme Court, in a unanimous decision Wednesday, ruled the wishes of the mother should be considered over a federal law that favors keeping Indian families together.

Federal law sets forth the cases where a tribal court has exclusive jurisdiction over child custody matters. The Supreme Court said the federal law is to protect American Indian children, families and tribes “from unnecessary and unwarranted separation.”

But the Supreme Court said Congress also intended to honor the desire of the parents of the child in adoption decisions.

In this case, Deziray, although a citizen of the Cherokee Nation, said she did not live on the Cherokee Nation reservation. And in her statement to the district court, she opposed any attempt to transfer jurisdiction in the case to the tribal court.

The Cherokee Nation argued that the child’s maternal grandmother was willing to be a foster parent.

The Supreme Court said there was good cause for the district court to deviate from the adoption framework in the federal law.

Although the case started in the district court in Las Vegas, it ended up in the court in Reno where District Judge Deborah Schumacher made the decision to back the wishes of the mother in the adoption dispute.
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