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Showing posts with label Indian Child Welfare Act. Show all posts
Showing posts with label Indian Child Welfare Act. 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

Saturday, January 14, 2012

"Our Life with James" -

Please see this video - What happened to Veronica has happened to so many kids all over the US ... http://ping.fm/xwc0k SaveVeronica

This video is the story of 2-year old James, who was taken from the home that loved him and put into a dangerous home, where he was moved again from after just six months. Debra Belford is telling his story in the Senate Committee on Indian Affairs hearing room, Washington DC. Unfortunately, few were interested in hearing the story, much less doing anything about it.

Please help James and children like him - www.caicw.org

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

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!

Saturday, November 19, 2011

UPDATE: Child Forced by Tribe to live in Loveless Home Rescued

FRIDAY ONE YEAR AGO - A 3-year-old girl was taken from the only home she knew and loved and placed with strangers - extended family who had never bothered to visit her or get to know her. Her adoptive parents fought for her in court and experts said she would be traumatized by the forced move, but the court decided that was okay and moved her anyway.

After almost five months, on APRIL 13TH, the adoptive parents got a call to come and get their little girl right away. There was a problem, and she had to be moved from the home she had been placed in. They left immediately, driving a couple hours to get her. When she saw them, she ran into their arms and said she was ready to go "home" - "Can I go home?" she asked - Adoptive mom wept - but daughter held her tears until after they had left the building, then wept freely. The people she had been with had told her that her adoptive parents were wolves, and would eat her -

Fortunately, she wasn't physically hurt. But she was, indeed, emotionally traumatized. She was NOT okay. She had been told there were monsters in the closet who would come eat her if she cried, and she reported that she had been locked in a storage shed. She was only three so it's still hard to say what actually happened, but it is known that things were not well - as evidenced by the emergency request by social services for the adoptive parents to go after her.

TODAY - A YEAR TO THE DAY she was taken from them - the Adoption was finalized and no one can take her away again!

PLEASE SIGN THIS PETITION - Kids of tribal heritage need protection EQUAL to any other child in US - PLEASE sign this White House Petition. If we can get 25,000 signatures by mid-December, the White House has agreed to review the petition and give a response!

Children such as the child in this story have no voice - there are many advocating for ICWA, but no other national organization advocating for Children and families who, as US citizens, do NOT want to be under the jurisdiction of tribal government. Please help by bringing their needs to the attention of those in the federal Government.

It is a little complicated to sign this petition - it is on a White House Website and the Lord knows they can't make anything uncomplicated. But we need we need your help to do this - Please click the below link, register, and SIGN this petition and ask others to as well! - Thank you!

http://wh.gov/bvZ


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Event Took Place Friday, November 19, 2010

Dec. 9, 2010

CAICW Friends;

An adoptive mother made her first contact with CAICW on Facebook about 1am Saturday morning, November 20, 2010, 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, 2010, 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:

Read Letters from Families: http://www.caicw.org/familystories.html


How You Can Help: http://www.caicw.org/HowYouHelp.html

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."

Tuesday, November 8, 2011

Nat'l Adoption Month - Sign Petition for Equal Protection for Indian Kids

Friends!

We have 30 days to get 25,000 signatures in order for our petition to be reviewed by the White House.

November is National Adoption Month - Let's do this Petition as our part in helping children this month. We need 6250 signatures a week to meet that goal. Let's pray for God's help and get started.

On Nov 19, Nat'l Adoption Day, families, adoption advocates, policymakers, judges and volunteers will come together and celebrate adoption in communities across the nation. We are setting a goal of 10,000 signatures by that date.

Please Sign the Petition and Use every method you have to share this link - http://wh.gov/bvZ - If everyone could get just 10 people to sign the petition and share it with at least 3 of their friends, we'll have it made!

Thank you friends!

TEXT OF PETITION:

We petition the Obama Administration to:

Ensure that Children of tribal heritage are guaranteed protection equal to that of any other child in the United States


Across America, children who had never been near a reservation nor involved in tribal customs have been taken from homes they know and love and placed with strangers chosen by tribal social services. This includes MULTI-racial children with minimal heritage.

Because of poorly thought out law called the 'Indian Child Welfare Act';

1) Kids have been removed from safe, loving homes and placed in dangerous ones.
2) Some families, Indian and non-Indian, have felt threatened by tribal gov't and have had no money to get legal help.
3) Equal opportunities for adoption, safety and stability are not always allowed to children of all heritages.
4) Constitutional right of parents to make choices for their families is being interfered with. Some tribal families don't want to be on the reservation. 

SIGN AT http://wh.gov/bvZ  

,

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, October 3, 2011

We Won!!!



It’s been a long and difficult two years, but God is good and faithful.  Thank you for your prayers and support. Also thank you for telling us about [the attorney]. We will forever be indebted.

Where do I start? As you probably remember our story started with a baby girl born out of wedlock to an Indian father and Caucasian mother. The mother chose us to adopt (non-native) and the father agreed at the time. Now to bring you up to speed since our last letter Nov ’09. We waited until the bio-father was out of jail in hopes to meet with him and his family about the adoption. It was our understanding that the only reason the tribe intervened in November ’09 was because they believed the paternal family wanted to adopt her and that the father changed his mind. We felt that waiting was our only option because our attorney at the time was not supportive of us. He felt that we would never win regardless of what we did. We wanted our attorney at the time to co-counsel with [the attorney], but our attorney was very negative, made it sound like it was going to cost us thousands and it would all be a waste of time anyways. We didn’t believe that so like I said we waited. Eight months later we met with the father and family. They all agreed to the adoption. After that conversation we believed we would be able to adopt without the tribe interfering (they had originally released us to adopt).  So we hired a new attorney to handle the adoption. We were talking with the father and hoping to finalize in Feb 2011. In Dec ’09 we had asked the father to come for a Christmas visit. He accepted. But the day arrived and he didn’t show up, no call or anything. The next thing we know our attorney receives a letter from the tribe that stated that the father came into the tribal attorney’s office refusing to agree to the adoption and the tribe was intervening. Unfortunately, our case was one of our attorney’s last cases because he was retiring. So needless to say we had to find a new attorney to take our now contested case. We were blessed to find ------------. She was willing to co-counsel with [the attorney] and they made an awesome team. Both of them fight for the child’s rights with honesty and dignity. They made our case bullet proof and we won... The tribe still has 42 days to appeal the decision, but ----- talked to the tribal attorney and he said that he is recommending that the tribe DOES NOT intervene. Like I said our attorneys made our case bullet proof so it would be unlikely for the tribe to win even in the Supreme Court. We will wait out the 42 days and finalize the adoption after [in] October…

[We] are still in a state of shock or disbelief. Maybe it will hit us when we sign the final papers.
Again, thank you for all of your support and prayers. We truly believe that we would not be holding our precious forever daughter without your guidance to the right attorney, your encouragement and your website to educate us. We have directed others to your website and have been able to educate others because of it. We were surprised how many people including Natives that are not aware of ICWA. 

 As I have promised in the past I will do what I can to help support you and the people you help as soon as this is over.
Many blessings,

Thursday, September 29, 2011

CONGRATULATIONS for Successful Adoptions!!

TO FIVE WONDERFUL FAMILIES –

Who in the last two months have either successfully completed their adoptions or will be completing them shortly –

To the three awesome families in Texas, one in California, and the beautiful family in Idaho – CONGRATULATIONS!

Please also give a very special thanks to a wonderful attorney who ministered for most of these children in very wise and beneficial ways – as well as to Johnston Moore and Andy Reum, two board members who were willing and available to speak to and encourage a couple of the families.


AND a VERY SPECIAL THANKS – To all those who have been praying faithfully for these families as well as the many others who contact us!! God Bless all you awesome prayer warriors!


Sunday, September 25, 2011

Indian Children: Citizens, not Cultural Artifacts:


Indian Children: Citizens, not Cultural Artifacts: 

Supporting the Best Interest of Children: ICWA “Teach-In” Friday, October 28, 2011, 9am - 1pm, Senate Committee on Indian Affairs Hearing Room, Wash, DC

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

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

The sessions will include:

Initial Overview - The Mandate of Congress                              

a. Enforce the 14th Amendment
b. First, Do no Harm
c. Remedy Past Injustices
  

Session 1. ICWA is unconstitutional -

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


Session 2. Congressional Intent -

a. Attorney O. Yale Lewis will discuss the legislative history of the ICWA and the changing history of the federal / Indian relationship.


Session 3. Political Status Claims threaten Citizenship -

a. Panel of affected families will share their family experience
b. Case studies on coerced enrollment will be presented.


Session 4. Cultural Heritage is a Data Point in Adoption Cases, not a Trump -

a. Who Decides when a citizen is an Indian; can race be politically attributed?
b. Restoring best interests of child as a consideration in adoptions.


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


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

Tuesday, June 7, 2011

We are in Desperate Need of Help -


Hey wonderful peoples – with school out, does anyone have extra time?

We could really use your help – prayer wise as well as hands on.

I am the administrator of CAICW – but only a volunteer in a one man office - and have to work as an RN to support my family. So I am doing the best I can, but it ends up being slow – much too slow. It breaks my heart that I can’t move any faster than I am.

Right now:
1) An attorney in the Twin Cities is working on draft legislation to present to Congress
2) We are setting up a seminar for Congressmen, teaching reality of ICWA.
3) We NEED help fundraising
4) We NEED website work on caicw.org
5) We NEED help monitoring this facebook page
6) We NEED another newsletter out

– I appreciate anything you can do – Thanks so much for your prayers -

I am Elizabeth (Lisa) Morris, Administrator
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253, Hillsboro ND 58045
administrator@caicw.org
http://caicw.org/
Twitter: http://twitter.com/CAICW
To Donate:
https://npo.networkforgood.org/Donate/Donate.aspx?npoSubscriptionId=1004119&code=Email+Solicitation

Wednesday, April 27, 2011

She Wasn't a Tribal Member, so her Daughter was Taken From Her


I am a non-Tribal mother of a Native American daughter. This has been a battle of 14, nearly 15 years now. I’ve felt so alone over these years, and due to my experiences and feelings have decided it is time to reach out to the other parents like me, to help protect the children like my daughter.

I became pregnant at 16. During my pregnancy her paternal (tribal) grandmother tried to convince me to give her up for adoption to her. I refused. The day she was born, her father would not sign her birth certificate. I stayed together with him until she was nearly 2. He was abusive to me, he was doing drugs and drinking. He had a very short temper. He even attacked me at work. I tried to make it work for her sake, which was a mistake. Thinking maybe if I could force him to go to therapy he would get better. Then one day he turned his anger towards her. That was the last day.

I left him that day, and would not allow him to be alone with her. Because I did not trust him, I set arrangements for him to see her at his mother’s house on pre-arranged dates. The first few visits he was there when I brought her there. After that he wasn’t. His mother told me “It hurts him too much to see you, so he went for a walk, he’ll be back after you leave” Like an idiot 19 year old girl, I believed the woman. It later came out in the open that he had run off to San Francisco to follow his dream of being a homeless drugged out bike messenger. Which later in life is referred to in all legal proceedings as his “Spiritual Journey”.

When she was 5, the state took him to court to establish paternity. They issued a warrant for his arrest for the genetic testing. They actually had to arrest him and bring him in against his will. Once paternity was established, he was a no show for court to sign the papers. The judge had to sign it for him, which by US Citizen law, negates your parental rights.

He was absent from her life with the exception of an occasional Christmas or Thanksgiving – Which he attended to get free stuff, for 5 years. No phone calls, no visits. Nothing. (No child support, but we managed to live with me working 2 or 3 jobs at a time) He started doing something called “Canoe Journey” which I made sure that my daughter could go to when the grandmother asked if she could go. I even volunteered as class mom for all school Tribal functions, making sure that the Native American students could go to the big meets. If I hadn’t have done that none of those children would have been able to go.

Then, one day I get a knock on the door. my daughter’s Uncles are sitting there with a camera and big grins laughing , they say “You’ve been served” and take my photo as they hand me the papers. This is how I found out that her father was filing for custody.

The first court hearing went in my favor. The judge reviewed the case, recognized it as he was the judge that signed the paternity and threw it out. He told my daughter's dad that he expected him to turn his life around before he would even grant visitation, that he expected child support payments, anger management courses and clean urinalysis.

The Tribe appealed the case, which I state this way as 30 or 40 Tribal members showed up in the court room the next day, they even pushed and shoved at me as I tried to walk through the door into the court room.

We went through 4 extremely painful months of custody battle, during which a Guardian Ad Litem was assigned to research the case. During the case, hundreds of “Declarations” were produced by the tribe, attesting to my inability to parent stating things like that I had “Fecal matter spread on the walls” or that I “Partied and brought different men home every night”. They even had the audacity to claim that I am abusive to my daughter. None of these things are true. The odd thing about it all, as I had never even heard of any of these “People” that wrote the declarations, and they all seemed to be written in a variation of 3 or 4 different styles of handwriting.

The Guardian Ad Litem did a very scrutinizing investigation. She concluded that my daughter was best living with me, that she and I had one of the closest most loving relationships she had seen between a parent and child, that she had a wonderful home and a strong support structure. That her father had anger management problems, that he had failed his Urinalysis both the first and the second time, that his home was unfit structurally and sanitarily for a child, and that my daughter seemed to barely even know him. Her advice was for my daughter to stay living with me, for her father to take anger management courses, attend drug and alcohol therapy, get his life in order, THEN start visitation with our daughter under supervision.

The judge threw out her assessment. Why assign a Guardian Ad Litem to a case if you are going to throw it out if it is in the Non Tribal parent’s favor? Was it just to make me spend another $2,200? Was he hoping she would dig up dirt on me?

Needless to say, my daughter, now 14 has been living on the reservation since then. It’s been 5 years. ICW has taken her from her father’s house 3 times now, that I know of. They refuse to give her back to me. They have no just cause for this. They have stated to me they will never place her back in my home because I am not a Tribal Family Member. When they took her, for ABUSE allegations from her father I tried to work through real CPS that would never let this happen. Real CPS informed me that the only way they can get her back for me is if my daughter calls 911 or is hospitalized from the abuse.

Last night I found out that the reason I have been unable to reach my daughter or any of her paternal family for the past 3 weeks is that ICW took her from her father’s home and placed her with her grandmother. Again. They did not contact me. Again. My daughter had to sneak to the computer and email me, when she had been told not to contact me. Again.






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Monday, April 11, 2011

WASHINGTON DC—JANUARY 2011



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

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


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

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

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

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

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

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

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

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

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

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

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

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

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


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Thursday, January 20, 2011

Got a call from a Stranger.

.
Got a great call yesterday from a foster Dad of two enrolled kids.  He and his wife have had these two ever since they were babies and have seen what has happened to their siblings in the care of relatives. Someone had forwarded him an email with our last update concerning our Washington DC trip (posted on facebook just two hours earlier) and he was totally excited - He said he'd been PRAYING for something to come against the ICWA law and when he saw the email, he thought his prayers were answered! 

I did tell him it was a David and Goliath thing and we haven't had much luck in the past.

He was totally moved with emotion and started crying, which was very moving for me in return.  Then he prayed for the DC trip, the people we'd be meeting, and even for me! 
What a Blessing - I pray, pray, pray we can actually be of some help.
The facebook note he'd received:


Yes! We've confirmed an appt w/ Rep. Michelle Bachmann's aide today. That will be a good one, because Rep Bachmann isn't afraid to fight for constitutional rights.  I've also been told that she is a foster mother!
We also confirmed appts with 3 members of the Senate Committee on Indian Affairs and Speaker Boehner's Assistant, as well as a few other appts. Still working on more. I'm still trying for Rep Issa and West, and Sen. Kent Conrad - who hasn't responded. (Hoeven and Berg are confirmed.)