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Showing posts with label Equal protection. Show all posts
Showing posts with label Equal protection. Show all posts

Tuesday, October 2, 2012

Chat with Author of "Dying in Indian Country"


The true story of an American Indian who realized just how much tribal and federal government policies were destroying his extended family.  

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

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

After almost ten years of living with his alcoholism and the terrible dangers that came with it, they both realized that individual behavior and personal decisions were at the root of a man’s troubles, including their own, and no amount of entitlements would change that.  

What cannot be denied is that a large number of Native Americans are dying from alcoholism, drug abuse, suicide, and violence. The reservation, a socialistic experiment at best, pushes people to depend on tribal and federal government rather than God, and to blame all of life’s ills on others. The results have been disastrous. Roland realized that corrupt tribal government, dishonest federal Indian policy, and the controlling reservation system had more to do with the current pain and despair in his family and community than what had happened 150 years ago.  

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

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

Meet the author at an online book signing, Saturday, October 13th, 3 pm eastern time, 12 noon pacific, at https://dyinginindiancountry.campfirenow.com/room/533942

The book sells for $29.99 and is available online. For more information about the author and to purchase the book, please visit http://dyinginindiancountry.com/

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Thursday, January 1, 2009

Tell Your Representatives to Make These Legislative Changes!

Protecting children and the families they love...

1. Children of tribal heritage should be guaranteed protection equal to that of any other child in the United States. (ftn4) (ftn5)
a) Children should never be moved suddenly from a home that is safe, loved, and where they are emotionally, socially and physically comfortable simply because their care-givers are not of a certain heritage. The best interest of the child should be considered first, above the needs of the tribal community.
b) State health and welfare requirements for foster and adoptive children should apply equally to all. If there is proven evidence of emotional and/or physical neglect, the state has an obligation to that child's welfare and should be held accountable if the child is knowingly or by Social Service neglect left in unsafe conditions. (ftn5 - Title 42 U.S.C 1983)
2. Fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage and superseding wishes of tribal government. US Supreme Court decisions upholding family autonomy under 5th and 14th Amendment due process and equal protection include Meyer vs. Nebraska (ftn8), Pierce v. Society of Sisters (ftn9), and Brown v. Board of Education (ftn10).

3. The "Existing Indian Family Doctrine" must be available to families and children that choose not to live within the reservation system.

a) In re Santos Y, (ftn5) the court found "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..." Santos y quoted from Bridget R.'s due process and equal protection analysis at length. Santos also states, Congress considered amending the ICWA to preclude application of the "existing Indian family
doctrine" but did not do so."
b) In Bridget R., (ftn6) the court stated, "if the Act applies to children whose families have no significant relationship with Indian tribal culture, such application runs afoul of the Constitution in three ways:

- it impermissibly intrudes upon a power ordinarily reserved to the states,

- it improperly interferes with Indian children's fundamental due process rights respecting family relationships; and

- on the sole basis of race, it deprives them of equal opportunities to be adopted that are available to non-Indian children and exposes them...to having an existing non-Indian family torn apart through an after the fact assertion of tribal and Indian-parent rights under ICWA".

c) In re Alexandria Y. (ftn7), the court held that "recognition of the existing Indian family doctrine [was] necessary to avoid serious constitutional flaws in the ICWA" and held that the trial court had acted properly in refusing to apply ICWA "because neither [child] nor [mother] had any significant social, cultural, or political relationship with Indian life; thus, there was no existing Indian family to preserve." Question: If current ICWA case law includes many situations where existing Family Doctrine has already been ignored, then have serious constitutional flaws already
occurred?

More to come...

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