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Showing posts with label INDIAN CHILD WELFARE ACT OF 1978. Show all posts
Showing posts with label INDIAN CHILD WELFARE ACT OF 1978. Show all posts

Saturday, January 5, 2013

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


by Elizabeth Sharon Morris Late Tuesday night, January 1st, 2013, the U.S. Senate unanimously passed S. Res. 628, expressing disappointment over the Russian law banning adoption of children by American citizens.
Senator Inhofe, one of the two Senate Co-chairs of the Congressional Coalition on Adoption, and a wonderful supporter of children and families, rightly stated, “It is extremely unfortunate and disheartening that the Russian Duma and President Putin would choose to deprive the children, the very children that they are entrusted to care for, the ability to find a safe and caring family that every child deserves…It is nothing more than a political play…that ultimately leads to greater hardships and more suffering for Russian children who will now be denied a loving family.”
In addition, earlier this month, the Congressional Coalition on Adoption Members sent a bi-partisan letter to President Putin urging him to veto the legislation, stating,
“We fear that this overly broad law would have dire consequences for Russian children...Nothing is more important to the future of our world than doing our best to give as many children the chance to grow up in a family as we possibly can.”
The vote in support of Russian children was unanimous by the Senate. The CCA, Senator Inhofe and many others are correctly speaking up for these children and families. Many in the CCA are also correctly concerned – for the very same reasons - about children of native heritage here in the United States. However, while ALL the Senate Committee on Indian Affairs members voted for this resolution preventing adoption of Russian children - several members of the Senate Committee on Indian Affairs continue to uphold similar 'Putin-like' legislation preventing adoption of American children. Take the statements above and replace the word “Russian” with the word “Indian” and it fits our argument against the Indian Child Welfare Act exactly. Further - speaking as the birth mother of several enrollable children - I need to stress that while the argument against ICWA is important for adoption, it is also important to many birth families who don’t wish to have tribal jurisdiction and control over their own children. Children who had never been near a reservation nor involved in tribal customs, some with extremely minimal blood quantum - as well as some with maximum quantum - have been removed from homes they know and love and placed with strangers chosen by social services. Facts to note: 75% of U.S citizens with tribal heritage live OFF the reservation. This includes many of 100% heritage who choose not to be involved with the reservation system. Some have moved away purposely because many reservations are not safe places to raise children. Others have never lived on a reservation. MOST enrollable citizens have less than 50% tribal heritage and are connected to their non-native relatives, some not having been connected to the reservation system for a couple generations. Although it has been felt that the Indian Child Welfare Act has safeguards to prevent misuse, stories affecting multi-racial families abound across America. Letters from tribal and non-tribal birth parents, extended family, foster parents and pre-adoptive families can be read at http://caicw.org/family-advocacy/letters-from-families-2/ In the words of Dr. William B. Allen, Emeritus Professor, Political Science, MSU and former Chair of the U.S. Commission on Civil Rights:
“... We are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…"
Consider calling your Senators, and while thanking them for voting for S. Res. 628, ask them to support the rights of children and families of Native American heritage as well.  


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Monday, December 31, 2012

Dr. Phil Show Controversy– ICWA Hurts Kids and Destroys Families

by Elizabeth Sharon Morris

“They just took my baby after 3 years…her sobbing is forever etched in my soul. She wanted us to save her and we couldn’t. Devastated."

An adoptive mother contacted CAICW on Facebook with this message at 1 am on Saturday, November 20, 2010, just hours after losing her little girl. CAICW cried with her. Why was this little girl, who screamed for her adoptive father to help her, taken - while he collapsed on the lawn, sobbing in grief? Because she had tribal heritage.  

While many argue that it is right and good that children of Native heritage be removed from non-Indian homes and turned over to tribal governments, many others question the policy. In this case, just five months after the little girl was taken, social services called the adoptive parents and asked if they would come and get her—immediately. Apparently the home she had been taken to “didn’t work out,” so now it was OK for her to return to the home they had torn her from just a few months prior. Of course, her parents immediately dropped everything to drive the two hours to get their little girl. When she saw them, the little girl threw herself into their arms and asked if she could finally “go home.”  

On Friday, October 19, 2012, Indian Country Today (ICT) reported on the “Veronica” episode of a Dr. Phil Show that had aired the day before. ICT claimed that the show “attacked the ICWA, and undermined the significance of Native children remaining in their tribe and being immersed in their culture.” It also announced a grassroots Facebook campaign to boycott the “Anti-Native American” Dr. Phil Show. The mission of the campaign ICT says, “is to hold Dr. Phil McGraw accountable by boycotting until he agrees to have a show where QUALIFIED experts discuss ICWA’s importance.”

This is an interesting demand, considering the fact that there were two qualified “experts” on the set that day: Cherokee Nation Attorney Chrissi Nimmo and Judge Les Marston. Furthermore, Terry Cross of the National Indian Child Welfare Association (NICWA) had been invited too, but declined to appear.  

As a birth mother to children who are 50 percent tribal, I flatly refute claims by the tribal establishment that every single child of heritage “needs them.” No “tribal expert” knows our family or can speak for us. It is a myth that all tribal members want or need to be a part of Indian Country. Tribal members are individuals with their own minds and hearts.

The U.S. census shows that 75 percent of tribal members live off reservation. Some remain connected to Indian Country, but many extended families mainstreamed a long time ago. Many reject reservation life for the same reason our family does: it isn’t a safe place. Even though we love our extended family that live on the reservation, we choose not to live under a corrupt tribal government in a tract house surrounded by drugs, alcohol and violence. Not every Native person wants to live in or have their children exposed to these conditions.  

Furthermore, most “enrollable” children have more than one heritage. This means that they have more than one family, more than one traditional culture, multiple people who love them, and no heritage is more or less important than another.  

Tribal governments are now using the ICWA as a weapon to steal the rights and best interests of children, women and families across this country. Make no mistake—the Cherokee Nation alone has more than 100 attorneys targeting 1500 children across the United States who are in the process of being adopted. Many of these children, like Veronica, have less than 5 percent Cherokee heritage. Even that small heritage in many cases comes from families who at some point made deliberate CHOICES to leave Indian Country.
Has God used CAICW to impact you or a loved one in 2012?
Consider impacting someone else by giving a gift 


Monday, July 2, 2012

Fight ICWA with us in DC July 11, 2012


Capitol Building, Washington DC January 2011. We are gathering in DC in July - Come Add Your Voice to the Call to Protect Children from the Indian Child Welfare Act! Why?
  • To protect the individual rights of Indian children and their families
  • To ensure they maintain the right to a safe, supportive and stable family
  • To request support for appropriate amendments to the ICWA
While said to have been established with good intentions, the ICWA has frequently hurt families and their children of Native American heritage. Federal dollars are being used to support adherence to this law; however in many cases, the law is destroying loving, stable families.

Though proponents of ICWA argue that the act has safeguards to prevent misuse, numerous multi-racial children have been affected by it. Children who have never been near a reservation nor involved in tribal customs have been removed from homes they love and placed with strangers chosen by Social Services. Other children have been denied the security of stable home life in preference for a series of foster homes.  

Issues of Concern:
-- 1) Equal opportunities for adoption, safety and stability are not always available to children of all heritages. -- 2) Some families, Indian and non-Indian, have felt threatened by tribal government. Some have had to mortgage homes and endure lengthy legal processes to protect their children.
-- 3) Some Children have been removed from safe, loving homes and placed into dangerous situations.
-- 4) The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in some cases been denied

July 10 – Arrive in DC
7 p.m. Welcome and Kick-Off Reception at the Capitol Hill Suites Remind everyone of purpose of visit ~ Lobbying Skills 101 ~ Our message to Congress ~ Q&A time

July 11 – Advocacy and Education Day
9-11 a.m. Raise Awareness on Capitol Hill ~ Visit Legislative Offices ~ Pass out invitations to the afternoon teach-in/luncheon
12 p.m. Luncheon ~ Invite legislators and staffers ~ Speakers: Johnston Moore and Mark Fiddler
1-4 p.m. Impact of the ICWA 'Teach-in'

~ Speakers: 
Dr. William B. Allen, former Chair, US Comm On Civil Rights (1989), Emeritus Professor, Political Science MSU  
Johnston Moore, national speaker, adoptive and foster care father, and advocate about adoption and foster care. He has personally battled ICWA and can speak from personal experience regarding his two sons. 
~ Families share their stories

July 12 – Lobby Day for Amendments
Participants meet one-on-one with members of Congress.

July 13 – Lobby Day for Amendments
Participants meet one-on-one with Congressional offices.


For more information - please contact us at CAICW.org!
PLEASE SHARE THIS WITH FRIENDS AND FAMILY! . PLEASE HELP ICWA families with expenses for the DC trip - DONATE NOW :)
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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

Sunday, January 1, 2012

Friday, October 21, 2011

Indian Children: Citizens, not Cultural Artifacts

Are Children’s Lives Destroyed by ICWA?
Attend the Indian Child Welfare Act “Teach-In”
Friday, October 28, 2011, 9am - 1pm
Senate Committee on Indian Affairs Hearing Room, Dirksen Bldg, Wash, DC

Keynote speaker: Dr. William B. Allen

Across America, children who had never been near a reservation nor involved in tribal customs - including multi-racial children with extremely minimal blood quantum - have been removed from homes they know and love and placed with strangers chosen by tribal social services.

The Indian Child Welfare Act was passed in 1978 in effort to help prevent Native-American tribes and families from losing children to non-Native homes through foster care and adoption. Though well-intentioned, the Act is now harming children all across the country as courts and tribes place culture and tribal sovereignty above children’s basic needs for permanency and stability.

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

1) Some Children have been removed from safe, loving homes and placed into dangerous situations.
2) Some families, Indian and non-Indian, have felt threatened by tribal government. Some have had to mortgage homes and endure lengthy legal processes to protect their children.
3) Equal opportunities for adoption, safety and stability are not always available to children of all heritages.
4) The constitutional right of parents to make life choices for their children including political associations has been interfered with.
5) The constitutional right for children of Indian heritage to enjoy Equal Protection has in some cases been denied.

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

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

The Christian Alliance for Indian Child Welfare (CAICW) is the only national organization advocating for families who have lost or are at risk of losing children due to application of the Indian Child Welfare Act (ICWA). We well understand the original purpose of the Indian Child Welfare Act. Although ICWA has safeguards to prevent misuse, stories affecting multi-racial families abound across America. It is important that we come together as a community to talk about them.

Monday, August 22, 2011

Holding an ICWA 'Teach In', Friday, Oct 28 in Washington, DC!


Thank you for your continued support and prayers!!  

We received final confirmation from Senator Hoeven’s office today:  The ICWA "Teach-in" will be held FRIDAY, OCTOBER 28th, 9am to 1pm in the Senate Committee for Indian Affairs hearing room in Washington DC. 

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

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

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

ALL are welcome to come join and support us there. Come on Wednesday prior and spend a couple days visiting with the offices of your Senators and Representatives - and invite their staff to come attend the Teach-in!

Please share this note with friends and relatives that might be interested!

Also - We still have SAMARITAN Discount cards available for sale to help with expenses  ;)
Contact me if you would like one or would like a few to share some with friends!

Twitter: http://twitter.com/CAICW   ( @CAICW )


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

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Thursday, December 9, 2010

A Mom Wrote: "They just took my baby after 3 years...her sobbing is forever etched in my soul."

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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."

Wednesday, October 27, 2010

Families: Hurt by ICWA?


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.

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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Friday, June 11, 2010

To Those that Love an ICWA Child:

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- 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.


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Friday, April 30, 2010

Original Meaning of the Indian Commerce Clause

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Contrary to the belief of those that want control over our children, the Indian Commerce Clause did not give Congress the right to enact a law giving those entities that control.

Professor Rob Natelson, Constitutional Law Professor at the University of Montana, Missoula, researched the issue in 2007. The results of his study were documented in a lead article published in vol 85 page 201 of Denver University Law Review (85 Denv. U. L. Rev. 201 (2007)

According to Professor Natelson, "the U.S. Constitution gives Congress only limited powers, and it says nothing about legislating for “Indian child welfare.”

So what gives Congress the power to pass a law like the ICWA?

Some say the Founding Fathers intended to give Congress that power by a section in the Constitution allowing Congress to “regulate Commerce with the Indian Tribes.” But is that true? Are laws like ICWA really constitutional as regulating “Commerce with the Indian Tribes?”

His answer: Absolutely not.

Professor Rob Natelson is one of the country’s top experts on the original meaning of the Constitution. He concluded that the purpose of the section giving power to Congress to regulate commerce with the Indian tribes was to allow Congress to regulate trade between Indians and whites – no more. Foster care, adoption, parental rights, etc. were be governed by state law, not federal law.

Professor Natelson documented his findings in a lead article published in Denver University Law Review. He also examined other claimed bases for laws like the ICWA, including the “Indian trust doctrine” – and he found they didn’t have any merit, either.

“There is not much doubt on the question,” he said. “At least according the Founding Fathers, Congress had absolutely no authority to adopt the ICWA. Eventually, the courts may see their error and strike it down as unconstitutional.”

This article – and some of Professor Natelson’s other research – can be found at www.umt.edu/law/faculty/natelson.htm

The Original Meaning of the Indian Commerce Clause - 85 Denv. U. L. Rev. 201 (2007)

The Legal Meaning of "Commerce" In the Commerce Clause - 80 St. John's L. Rev. 789 (2006)
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Monday, January 18, 2010

Facebook Group Fighting ICWA

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A new Group on Facebook is talking about the Indian Child Welfare Act and how it is hurting children and families. Drop in to read family stories and support them in their fight to protect the children in their care.

http://www.facebook.com/pages/Christian-Alliance-for-Indian-Child-Welfare/105558148606

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Saturday, July 4, 2009

Definition of Indian Child Welfare Act

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To all the Congressmen and State legislators that believe the Indian Child Welfare Act is a "no-brainer" good thing:

The Indian Child Welfare Act (ICWA) is

1) Making it harder for families of heritage to choose to keep their children off the reservation.

2) Selling out my children and grandchildren to tribal government.

3) An anti-family, pro-government justification for the taking of children for the sole purpose of maintaining the power a select group has come to enjoy.

And no - my birth children have never been in subjected to any custody battle. However, the potential was there if my husband and I should pass away. Now, my husband has passed, and I'm all that's left to keep them out of the hands of tribal government,

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Monday, June 15, 2009

States Not Complying with ICWA - for Good Reason

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The Second Appellate Court in California issued a partially published opinion in Justin L. v. Superior Court, and stated in part;

“We are growing weary of appeals in which the only error is theDepartment’s
failure to comply with ICWA. (See In re I.G. (2005) 133Cal.App.4th 1246,
1254-1255 [14 published opinions in 2002 through 2005, and72 unpublished cases
statewide in 2005 alone reversing in whole or in part fornoncompliance with
ICWA].) Remand for the limited purpose of the ICWAcompliance is all too common.
(Ibid.) ICWA’s requirements are not new. Yetthe prevalence of inadequate notice
remains disturbingly high.”
Perhaps compliance is difficult because the law itself is unjust, and caring people don't like to see children subjected to not only unjust, but dangerous law.

And under the single criterion that a home be ICWA eligable, kids are continually being placed into horrible situations with the blessing of both the federal and tribal governments.

And not just kids of tribal heritage - but children of every heritage, because a child doesn't need to be 100% tribal to for a tribe to have jurisdiction over them through ICWA. Most tribes require only 1/4 blood quantum, meaning the child has an even greater heritage somewhere else. Some tribes require even less to claim a child. For example, a child in Texas has less than 2% tribal heritage, but the tribe is trying to claim him.

The law itself is a crime, and as long as it stays that way, there will be difficulty in getting compassionate people to comply.
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Saturday, June 13, 2009

ICWA Reaks. Reservation is Worst Place for Many Kids

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Children messed up by drugs and alcohol need a safe, stable, therapeutic home - The LAST thing they need is placement back into the very garbage that they came out of.

Two days ago I sat in the front seat of an ambulance transporting my 14-year old, unresponsive "son" (placed by ICWA) to the ER. His blood alcohol level was .35.

We were not a bad home. But we were not a therapeutic home. The four children placed with us thirteen years ago, solely because my husband was their grandfather, did not get what they needed.

We were a good home, but we were not educated in the needs of the kids and were never truly inspected by Leech Lake or any other social service. We could have done anything and no one would have known or cared. All they cared about was that we met the criteria for an ICWA placement. And under that single criterion, kids are continually being placed into horrible situations with the blessing of both the federal and tribal governments. And not just kids of tribal heritage - but children of every heritage, because a child doesn't need to be 100% tribal to for a tribe to have jurisdiction over them through ICWA. Most tribes require only 1/4 blood quantum, meaning the child has an even greater heritage somewhere else. Some tribes require even less to claim a child. For example, a child in Texas has less than 2% tribal heritage, but the tribe is trying to claim him.

But as I said, the LAST thing kids of ANY heritage need is placement back into the very garbage that they came out of. Children messed up by drugs and alcohol need a safe, stable, therapeutic home - heritage isn't even an issue.

The bottom line is that this isn't just about keeping them off the Rez. We don't live on the Rez. It's about placing them in an appropriate home.

I was too overwhelmed - with five birth children and these four legal custody, as well as my husband dying of cancer. Any sane social service person should have seen that this can't work. But they didn't care. And I couldn't bring myself to give up and have them sent to Cass Lake. I've seen how kids are being raised there with our relatives. That place is absolutely horrid and dangerous for children. I could not kick them out of my home and make them live there. So I kept them and ended up doing an inadequate job, not only for the four, but for my birth children and husband as well.

With diagnosis' of FAS, ADHD, Attachment Disorders and/or Oppositional Disorders, these kids - from the very beginning - needed more help than I could give.

After having the two oldest turn 18 and proceed into the same dysfunctional lifestyle that we had supposedly rescued them from, I am today trying to get the third one into some type of therapeutic treatment. Simply taking them out of the circumstances - or even showing them a totally different way to live - didn't change the way their bodies, already affected by alcohol, worked.

Further - the tribe's choice exposed my birth children to harm. A truth I am only in the last few weeks realizing - is that the oldest of the four legal custody, now 20 yrs, old - is a con man. We had various struggles with him through his teen age years, but he was so charming and always seemed so cooperative, even when it came to discipline. Now I am finding out all the damage that had been done. Several of my birth children were affected - very negatively. He encouraged at least five of the other children to drink and or smoke weed with him - one of the kids being as young as ten when this happened.

I am only now thinking - We know that Al-anon exists because of the tremendous emotional difficulties of living with an alcoholic. Why did we not consider this in terms of the birth children living with FAS in all four?

We were not prepared to deal with the many issues. I neglected my own children in many ways. I was focused so much on correcting the behavior of the four that I totally missed so much that was going on with my own. I put my birth children in danger. This was not an appropriate home. The only reason they were placed here was because of ICWA. At the time were the healthiest part of the extended family that there was. We were the only healthy family within the extended family.

At least at the time. I no longer categorize us as a healthy family.

Children messed up by drugs and alcohol need safe, stable, therapeutic homes. It's the only chance they have. Anything less, and they will not be able to cope any better than their parents did. Fifteen years later, you will have another generation of babies needing special care.

Stop it now. Let the kids get real help.

Stop listening to most of the tribal governments on this issue. They get more money from the federal government per head. This is not really about the best interest of kids, no matter what they try to claim. They are all about money and control. The kids are pawns.
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Thursday, May 28, 2009

ICWA steals adoption option from Young Mother

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My teenager is pregnant. Freshly graduated from high school, she had planned to go on to college in the fall. There is no argument, from her or me, that she made plenty of foolish decisions over the winter. But here we are, and what do we do now.

We love children, and we love this child. We won't allow it to be hurt in any way. Abortion isn't even a consideration. It's not gonna happen.

But neither is adoption an option. The Indian Child Welfare Act would kick in if we tried it. But it would be over my dead body, literally, that I sit back and allow the tribe to have anything to do with the care and custody of my grandchild.

Too many childen on the reservation, under the "care" of tribal governments, are being raised amid poverty, violence, and alcohol, drug & sexual abuse. Tribal leaders claim that this is the best interest of the child. Bull.

The only ones benefiting from this set up are the tribal leaders themselves - and the money and power they have aquired by having a certain number of tribal members under their thumbs.

Quit blaming rotten reservation life on what happened 150 years ago, 100 years ago, 50 years ago, or even 5 days ago to this or that tribe or tribal member. It has to do with adults making rotten choices, same as my daughter (and I) have done. Plain and simple, everyone needs to grow up and take responsiblity for their lousy lives. And quit subjecting innocent children to the garbage they're being subjected to.

We are faced then with only one choice - my daughter keeps custody and lets go of many the plans she had for the future, or at the very least, greatly adjusts those plans.

I will do all that I can to help her get through some type of schooling and care for her child. If I have to take physical care of my grandchild, I will do it without going to court for legal custody. I've seen too many grandparents robbed of their grandchildren by the tribe to want to mess with it.

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Friday, May 15, 2009

Another Win Against ICWA

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A child and his family won in court at 2 pm Friday May 8, 2009. The child won the right to be adopted by the family his birth parents had chosen. The tribe lost. Praise God.

The child's grandmother by birth wrote, "Thanks to everyone for all the prayers and support during the past two years. It has been quite the battle and I know this is but one small victory over ICWA. Thanks again."

This may seem like a small victory to this humble grandmother, but for the child, it is a huge victory. Again, Praise God.
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Monday, April 13, 2009

ICWA Continues to hurt Famlies

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We get at least three letters a month at http://www.CAICW.org from families that need help. The Indian Child Welfare Act is hurting them and their kids. But we don't have much for staff at CAICW. It's a volunteer org made up of busy parents. We care, we pray, we encourage, we tell our stories. We try to connect people that can help each other.

But the Tribes have the money and attorneys. Tribal government leaders want our children to bolster their memberships, bring them more money, and help them to keep their little kingdoms. They don't really care about what's good and right for our kids. All our kids are to them is warm bodies that bring federal dollars.

And what would the BIA be if all tribal members left the tribal system? The BIA doesn't want to lose its purpose - and people that work for the BIA don't want to lose their government jobs.

Lord Please help us. It's a tribal industry and our kids are pawns in a game.
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Thursday, April 2, 2009

Reality - Kids are being put just anywhere -

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Several of the tribes don't really care whether they place the kids in bad homes. They do it all the time.

You can't tell me any different - I've seen it first hand. I wouldn't leave my dog in some of the homes I've seen the tribe place children in.

Further, they placed four children with us for a good year or more before they bothered to come out and do a home visit. They never once even spoke to us prior to or during the interim before that one visit. They didn't bother to ask any other social services to check on us. They had no clue how we were handling the kids, and they really didn't care.

Finally, they came out for a visit. The two social workers flew in because we were in a different state. They were supposed to be there for a two day visit. They spent about an hour or so with us. We talked in the Upholstery shop. They walked through the first floor of our apartment. Didn't look at any bedrooms. Didn't talk to any kids. Then they asked us where to go in the valley for sight seeing. That was the last we saw of them for that two day visit.

And we've never had a social worker come visit again. That was 12 years ago. We still have two of the kids in our home, and the tribe still has no clue how we're handling them.

Fortunately, we are a good home. But I have seen so many bad homes in our extended family that it's sickening.

Those that say that kids of heritage are better off within the tribal system simply because they have a small amount of heritage, or even if they are 100% tribal, are nothing but racists more concerned about tribal funds then they are about the kids.

And that's reality.
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