Fight ICWA with us in DC July 11, 2012

. 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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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!

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!

Lisa - writeus@caicw.org

Website http://caicw.org

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

Facebook: http://www.facebook.com/fbCAICW.org

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

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Beautiful Michelle hanged herself in a closet

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“Lisa you can and are free. Free to go on, free to thank God for your life with Roland...free to learn from the craziness and free to take what you can and to leave the rest in God's hands.”

How beautiful, wonderful, comforting those words are.

I respond: “You are right - the memories pain me, but even so, I do thank God for my life with Roland. He actually asked me before he died how I felt about our life together. And I actually had an answer ready—because I'd been thinking about it for awhile.

I told him that we had traveled from the Atlantic to the Pacific. We’ve lived in Canada and helped out at a Children’s home in Mexico. We’ve owned businesses and we’ve been on welfare. At times we had little or no food - and other times we ate at some of the finest restaurants. We have slept on dirty floors with dirty blankets in tribal housing, and we have stayed in upscale hotels on Capitol Hill in Washington DC and in Windsor, BC. I told him our life had been full. He seemed to relax into his pillow upon hearing me say it.

We felt just as comfortable talking to a drunk on Franklin Ave. as we did talking to a US Senator. I've called a US Senator looking for my husband, who was in his office at the time. The Senator made a real joke of it, as he handed Roland the phone, about how I can track him down anywhere. And...I've had an impossible time finding my husband on the reservation just after our son was born. No one would hand the phone to him then, as they were drinking with him.

A law professor and a state legislator both helped carry Roland’s casket. A retired US Navy Submarine officer carried Roland's body back to the reservation in the back of his pickup.

Who would I have been without all those experiences?

It's the truth, isn't it? Who would I have been if I had married an average man and lived with two cars and 2.5 kids in the suburbs? Really - would I even be a Christian right now? Because it was Roland that essentially led me to Christ.

And ...as I correspond with the various families that write to CAICW...how would I even begin to understand them and their fears if I hadn't been there myself? I am able to write two simple words that mean the world to them... "I understand."

And it is with that background: the birth mother to five members, the adoptive mother of one, the legal custodian of three, the step mother to four, and aunt to innumerable members of the Minnesota Chippewa Tribe - and as a former licensed Day care provider, foster care provider, as well as registered nurse - I am able to ‘withstand the barbs of the enemy’ and stand tall whenever anyone tries to call me a racist for speaking up on this issue.

I can unashamedly stand up and say what many others can't bring themselves to say - because I don't care what names they call me. And I can speak loudly. And I can help that no more children be treated as chattel for the benefit of a corrupt tribal government.

The idea some have that children "belong" on the reservation is racism at its core. It ignores who the child might factually be, who the child is connected to, what the child really wants and, importantly, what the child’s best interests are. It’s well known to everyone that the high school drop out rate, drug abuse, crime, fetal alcohol rate, child abuse, corruption, child neglect, sexual abuse, violence and suicide, etc. is so high on many reservations that no Congressman would ever willingly send their own child to live there...yet everyone is supposed to just go along with the lie that children of heritage must live with it because tribal and federal government say so. It’s not only insane but criminal.

I'm not going to diplomatically dance around so as not to step on toes. Kids are dying. Beautiful Michelle hanged herself in a simple closet, where all she had to do was stand up to save herself.

Others have died of overdose, accident, and violence.

So you are right. I have a job to do, and it is because of my life with Roland that I am able to do it.

- to be the loud-mouthed, angry witch that I am.

Bless you My Friends, you’ve been so good to hang in there with us through all these tough years.

Merry Christmas!

Read "Dying in Indian Country"

Letters from Families, asking for Help - Christian Alliance for Indian Child Welfare

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."

Facebook ICWA Discussion Page and Cause -

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We have now set up a Facebook Page for the Christian Alliance for Indian Child Welfare as well as a "Cause."

Harmful Indian Law affecting children and Families in both USA and Canada - Read the letters from birth parents, grandparents, foster families, pre-adoptive families concerning their multi-racial children who are being negatively affected by the sometimes illegal misapplication of the Indian Child Welfare Act (ICWA).

Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children are being negatively affected by application of ICWA. Across America, children that have never been near a reservation nor involved in tribal customs are routinely being removed from homes they love and placed with strangers chosen by tribes.

As most of our friends know - my husband Roland and I began CAICW org prior to his passing in 2004. For several years now, as we have moved from Alberta to Montana to North Dakota, and as I have been dealing with the raising of several teenagers on my own, I have been unable to give CAICW my full attention. However, we have continued to receive many letters from families in need of help and the board and I have attempted to support and encourage them as best we can with what little we had.

Now we are organizing a lobbying trip to DC in January, where we will meet with Gary Bauer of the American Values or, Dr. William Allen, the former Chair of the US Commission on Civil Rights, Senator Tom Coburn's staff, and many more.

Please read the stories of various families at http://www.caicw.org/familystories.html.   If you have time to help me update letters - as well as the website itself - please let me know.

1. Jn 3:16 - God so Loved the World, that he gave his only begotten son..that all might live. Jn 14:1-14 Jesus is the Way, the Truth, and the Life...

2. CAICW: Christian Ministry as well as Family Advocacy, is interested in the total well-being of the individual and Family.

3. CAICW: only nat'l org advocating for families who have lost or are at risk of losing children due to misapplied and sometimes illegal Indian Law.


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


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


Home Website: http://www.caicw.org


Facebook "Cause:" http://www.causes.com/causes/537834



CAICW - Christian Evangelism and Ministry - Gal. 2:10, “All they asked was that we should continue to remember the poor, the very thing I was eager to do."
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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.

www.caicw.org

Independent Indian Press.com

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Does the ICWA Serve Children's or Government's Welfare?

The following is excerpted from a letter written five years ago to Senator Ben Nighthorse Campbell and other members of the Senate Committee on Indian Affairs by a foster mother. Senator Campbell never responded. This letter, and lack of response, mirror the frustrations and despair of parents, foster parents, extended family, and adoptive parents all over the United States:

Senator Campbell,

We are white foster parents to an Indian child who is just over 3 1/2 years old. He has been in our home since he was 18 months old, over 2 years. His birth mother, a member of an Indian tribe, voluntarily placed him in foster care with county Social Services in December 1997.

In January 2000 the tribe moved to take jurisdiction of the case because the county had filed for termination of parental rights. The Tribal Chairman wrote the county in late October 1999 suggesting that the tribe would prefer that the county seek long term foster care for the child rather than termination and adoption. The county, because of the Adoption and Safe Families Act of 1997, was unable to meet the tribe's request. It was only then that the tribe filed its motion to have jurisdiction transferred.

In the county DSS case file are at least two psychological profiles that indicate the child's interests are best served by remaining in a stable, familiar environment. There are also psychological reports that indicate that contact between the child and his mother are harmful to the child, that the birth mother has reached a developmental "ceiling" of around 9 -12 years of age, and that she'll never be able to care for the child (The Tribal Court has ordered that visitation between the child and his birth mother resume).

We understand the importance of the Indian Child Welfare Act. However, we have a very difficult time understanding how the Act is benefiting this child. As it stands, because of the Act, he's about to lose his home, his family, his stability, his security. He sees a speech therapist twice weekly, an occupational therapist twice weekly and a mental health therapist bi-weekly. Tribal Social Services, if it can't find an Indian home willing to take this special needs child for the next 15 years, will begin looking for a series of short-term placements. Do you really believe that this is in his best interest? To be shuffled from foster home to foster home to foster home for the next 15 years?
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Iowa Supreme Court Tossed "Indian Child" Definition

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From:

Jennifer Delgado - The Daily Iowan
Issue date: 12/11/07 Section: Metro

The Iowa Supreme Court ruled Nov. 30 (2007) that the state's definition of an "Indian child" is an ethnic classification breaking the 14th Amendment equal-protection clauses in both state and federal Constitutions.

In the future, Iowa will have to come up with a new definition of what constitutes an "Indian child" - one that could possibly be based on tribal membership, UI law Professor Ann Estin said.

The decision comes after a custody case that began in Woodbury County, Iowa, involving two children born in Sioux City. The state removed the children from their home because of their parents' record of substance abuse. Their mother is a member of the Winnebago tribe; their father is white.

The Winnebago tribe, located in northeastern Nebraska, tried to intervene in the custody proceedings, claiming the children fit the definition of "Indian child" under Iowa law and should be returned to the tribe. But because of this new ruling, the tribe cannot legally get involved in the custody battle.

In the Winnebago tribe, children of members are only eligible for membership if they have at least one-fourth degree Winnebago blood - the two children are only one-eighth degree.

In 2004, the Winnebago tribe passed a resolution stating that the offspring are seen as "children of the Winnebago tribal community" because their mother is a member.

"The Winnebago tribe tried to establish this definition, but the court won't let it fly," said Estin, who teaches Indian law.

According to the Iowa Indian Child and Welfare Act, any unmarried Indian who is under the age of 18 or a child who is under 18 that an Indian tribe identifies as a child of their community. Enacted in 2003, its purpose is to clarify state procedures and policies for the federal act. Estin said she believes this ruling is not a step backwards because the federal legislation is still in place, which trumps the state legislation. The 1978 federal law is similar to the Iowa statue but includes Indians who are eligible for membership and who are biological children of a tribal member.' Estin said a law based on ethnicity is difficult to uphold, and the Iowa statute has gone beyond the federal law.

"The biggest problem is Iowa's definition of an Indian child is it turns on the child's ethnicity," she said. "If Iowa wants to revise the Iowa Indian Child and Welfare Act, it has a clear signal from the Supreme Court that it's going to have to have some tie to tribal membership."
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ICWA Case Law & other Authority

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Cases:
Adoption of Lindsay C. (1991) 229 Cal.App.3d 404, 280 Cal.Rptr. 194
Doe v. Hughes, Thorness, Gantz, et al. (Alaska 1992) 838 P.2d 804
In re Alexandria Y. (1996) 45 Cal.App.4th 1483, 53 Cal.Rptr.2d 679
In re Alicia S. (1998) 65 Cal.App.4th 79, 76 Cal.Rprt.2d 121
In re Baby Girl A. (1991) 230 Cal.App.3d 1611, 282 Cal.Rptr. 105
In re Brandon M. (1997) 54 Cal.App.4th 1387, 63 Cal.Rptr.2d 671
In re Bridget R. (1996) 41 Cal.App.4th 1483, 49 Cal.Rptr.2d 507
In re Charloe (Ore. 1982) 640 P.2d 608
In re Crystal K. (1990) 226 Cal.App.3d 655, 276 Cal.Rptr. 619
In re Crystal R. (1997) 59 Cal.App.4th 703, 69 Cal.Rptr.2d 414.
In re Derek W. (1999) 73 Cal.App4th 828, 86 Cal. Rptr.2d 742.
In re Desiree F. (2000) 83 Cal.App.4th 460, 99 Cal.Rptr.2d 688
In re John V. (1992) 5 Cal.App.4th 1201, 7 Cal.Rptr. 629
In re Jonathan D. (2001) 92 Cal.App.4th 105, 111 Cal.Rptr.2d 628.
In re Julian B. (2000) 82 Cal.App.4th 1337, modified by 83 Cal.App.4th 935A, 99 Cal.Rptr.2d 241
In re Junious M. (1983) 144 Cal.App.3d 786, 193 Cal.Rptr. 40
In re Kahlen W. (1991) 233 Cal.App.3d 1414, 285 Cal.Rptr. 507
In re Krystle D. (1994) 30 Cal.App.4th 1778, 37 Cal.Rptr.2d 132
In re Larissa G. (1996) 43 Cal.App.4th 505, 51 Cal.Rptr.2d 16
In re Laura F. (2000) 83 Cal.App.4th 583, 99 Cal.Rptr.2d 859
In re Letitia V. v. Superior Court (2000) 81 Cal.App.4th 1009, 97 Cal.Rptr.2d 303
In re Levi U. (2000) 78 Cal.App.4th 191, 92 Cal.Rptr.2d 648
In re Marinna J. (2001) 90 Cal.App.4th 731, 109 Cal.Rptr 2d 267
In re Matthew Z. (2000) 80 Cal.App.4th 545, 95 Cal.Rptr.2d 343
In re Michael G. (1998) 63 Cal.App.4th 700, 74 Cal.Rprt.3d 642
In re Pedro N. (1995) 35 Cal.App.4th 183, 41 Cal.Rptr.2d 507
In re Pima County Juvenile Action (Ariz. 1981) 635 P.2d 187
In re Richard S. 54 Cal.3d 857, 2 Cal.Rptr.2d 2
In re Riva M. (1991) 235 Cal.App.3d 403, 286 Cal.Rptr. 592
In re Robert T. (1988) 200 Cal.App.3d 657, 246 Cal.Rptr. 168
In re Santos Y. (2001) 92 Cal.App.4th 1274, 112 Cal.Rptr.2d 692, review denied (Feb. 13, 2002)
In re Wanomi P. (1989) 216 Cal.App.3d 156, 264 Cal.Rptr. 623
In re William G., Jr. (2001) 89 Cal.App.4th 423, 107 Cal.Rptr.2d 436
Mississippi Choctaw Indian Band v. Holyfield (1989) 490 U.S. 30, L.Ed.2d 29
Morton v. Mancari (1974) 417 U.S. 535
Native Village of Venetie I.R.A. Council v. State of Alaska (9th Cir. 1991) 944 F.2d 548
Santa Clara Pueblo v. Martinez (1978) 436 U.S. 49
Slone v. Inyo County (1991) 230 Cal.App.3d 263, 282 Cal.Rptr. 126
State Ex Rel. Juvenile Dept. of Lane County v. Shuey (Ore.1993) 850 P.2d 378

Cases (de-published or partially unpublished on ICWA issue):
In re Adam N. (2000) 101 Cal.Rptr.2d 181
In re Bettye K.(1991) 285 Cal.Rptr. 633
In re Carlos G. (1999) 88 Cal.Rptr.2d 623
In re Jacqueline L. (1995) 39 Cal.Rptr.2d 178
In re Santos Y. (2001) 110 Cal.Rptr.2d 1
In re Se.T. (2002) 115 Cal.Rptr.2d 335

Statutes and Other Authority (Specific to Indians):
Indian Child Welfare Act of 1978, 25 U.S.C. §§1901 et seq.
Indian Child Welfare Act Regulation, 25 C.F.R. Part 23.
Indian Child Welfare Act, Legislative History, H.R. Rep. 95-1386, 95th Cong.2d Sess. 22, 1978 U.S. Code Cong. & Admin. News 7530.

Bureau of Indian Affairs Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed.Reg. 67584 (Nov. 26, 1979)
California Family Code
Section 7810 [Calif. declaration of policy, existing Indian family doctrine abrogated.]
California Welfare and Institutions Code
Section 305.5 [Transfer to Tribe after reassumption of exclusive jurisdiction.]
Section 360.6 [Calif. declaration of policy, existing Indian family doctrine abrogated.]
Section 11401(e) [AFDC-FC for Indian placements.]
Section 10553.1 [Director’s delegation agreement with Indian Tribe.]

Cal. Rules of Court
Rule 1410 - Persons present.
Rule 1412 (I) - Tribal representatives.
Rule 1439 - Indian Child Welfare Act.
Manual of Policies and Procedures, California Department of Social Services, §31-515 et seq - Indian Child Welfare Act.
Manual of Policies and Procedures, California Department of Social Services, §45-101; §45-202, §45-203. [Implementing section 11401(e).]
SDSS All County Letter No. 89-26, Procedures for Certifying Indian Blood for Children in Adoption Planning.
SDSS All County Letter No. 95-07, AFDC-FC Program Eligible Facility Requirements.
Appeal of William Stanek, 8 Indian L.Rep.5021 (April 1981)(decision of the Commissioner of Indian Affairs.) [p. 3.]
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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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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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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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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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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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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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Tell Your Representatives to Make These Legislative Changes! Part Two

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4. United States citizens, no matter their heritage, have a right to fair trials.

a) When summoned to a tribal court, parents and legal guardians, whether enrolled or not, have to be told their rights, including 25 USC Chapter 21 § 1911. (b)
"Transfer of proceedings [to tribal jurisdiction] ...in the absence of good cause to the contrary, [and] objection by either parent..." (ftn5)
b) The rights of non-member parents must be upheld: for example; 25 USC Chapter 21 § 1903. Definitions "Permanent Placement" (1) (iv) "shall not include a placement based ... upon an award, in a divorce proceeding, of custody to one of the parents. (ftn5)
c) Non-members have to be able to serve county and state summons to tribal members within reservation boundaries and must have access to appeal. (ftn5)

5. Adoptive Parents need well defined protections. These are the citizens among us that have been willing to set aside personal comforts and take in society's neediest children. Adoptive parents take many risks in doing this, the least of which is finances. People build their lives around family. Adoptive parents risk not only their own hearts, but the hearts of any birth children they have as well as the hearts of their extended family. These parents have an investment in the families they are building and have a right to know that they can put their names on the adoption paper with confidence. If we, as a society, continue to abuse these parents, we will find fewer people willing to take the risk of adoption and more and more children will languish in foster homes.

6. A "Qualified expert witness" should be someone who is able to advocate for the well being of the child, first and foremost: a professional person who has substantial education and experience in the area of the professional person's specialty and significant knowledge of and experience with the child, his family, and the culture, family structure, and child-rearing practices the child has been raised in.

Last Part coming...
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ICWA is nothing but "Routine Cruelty" - by Professor Thomas Sowell

October 30, 2001
- Mr. Sowell is currently a senior fellow at the Hoover Institute in Stanford, California.

In a world where the media are ready to magnify innocuous remarks or a minor problem into a trauma or a disaster, there is remarkably little attention being paid to cruelties routinely inflicted on children by our laws and our courts. That cruelty is ripping children away from the only home they have ever known, to be sent away -- often far away -- to be raised by strangers.
Such drastic action may be necessary when children have been abused or neglected, but kids have been seized from loving homes where there has never even been an accusation of abuse or neglect. As with so many irrational acts, race and political correctness are involved. One of the children who is currently being threatened with this fate is a little boy in California named Santos, who may be sent off to live on an Indian reservation in Minnesota, among people he has never known, speaking a language he does not understand. Moreover, the single woman who is trying to adopt him there has said that she plans to put him in day care, which he has never been in before. He has been cared for at home by a married couple since he was 3 months old. He will be 3 years old on Nov. 25.

How could such an insane situation have arisen? Easy. It is called the Indian Child Welfare Act. And it began, like so many catastrophes, with good intentions. Back in 1978, Congress passed the Indian Child Welfare Act to prevent Indian children from being removed from their families and tribes by outside know-it-alls and social engineers. So far, so good. But, once a law is on the books, it means whatever the lawyers and the courts say it means. That is how little Santos got trapped in a nightmare.

Santos is part Indian, but neither he nor his biological parents lived on a reservation or among an Indian tribe. When he was born and began suffering withdrawal because of his mother's cocaine addiction, the authorities took custody of him. He was put into a foster home with a Spanish-speaking couple whom he now regards as his parents and who want to adopt him. Santos' biological mother has shown very little interest in him -- and even that little bit of interest has not been reciprocated by Santos. He has hung up on her when she phoned and cried when she visited. The woman on an Indian reservation did not even know of Santos' existence until informed by the tribal council, which wants to claim him under the Indian Child Welfare Act. Six months later, she saw the little boy for the first time.

It gets worse. Two psychologists have become involved in the case. Shrink A has "spent approximately 10 minutes alone" with Santos, according to the California Court of Appeal in its ruling this past Oct. 19. She did not interview the couple with whom he has been living all this time, even though a Spanish-speaking social worker was available to enable her to converse with the boy's foster parents. Nevertheless, Shrink A has decided that Santos would be better off being "moved to be with his tribe and his family" on a reservation in Minnesota. This strained definition of "family" is based on the fact that the woman on the reservation is a distant relative of his mother. Incidentally, Shrink A has never interviewed this distant relative either.

Undaunted, Shrink A has said that Santos would not be "catastrophically damaged" by the change because Santos has not "bonded" with his foster parents, but has "bonded to his birth mother, who is unable to care for him." This strained definition of bonding is based on counting the time spent in his mother's womb, as well as the 9 days he spent with her after birth. A second psychologist based his conclusions on what he had actually seen, rather than on such speculations. What he saw was that little Santos clings to his foster mother and became distressed when his foster father was asked to leave the room, crying "papa, papa." At another time, when Santos was with his foster father and Shrink B wanted to see the little boy alone, Santos became "clingy" with his foster father and "hugged him tightly while exclaiming 'papa, papa.'" Little Santos has not yet been sent to Minnesota. The appellate court said that the "matter is remanded for further proceedings," which means a continuing cloud of uncertainty hanging over a little boy who has become a little pawn. How could anyone do this to him? Tragically, it has happened to many others.

- Sowell, Thomas, Routine Cruelty, October 30, 2001. Online document, available from http://www.townhall.com/columnists/thomassowell/ts20011030.shtml Accessed Monday, May 31, 2004. Reprinted with permission.

Update: Santos was legally adopted in 2003 by the foster parents who had cared for him most of his life. Their attorney was Native American.

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Adoption Counselor asks a Question -

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"I am an adoption counselor at a private agency. I am working with an expectant mother who has chosen to place her baby for adoption with our agency. She and the birth father have found a family they want to raise their son and their adoption will be open. The birth mother is ¼ Native American and not an enrolled member and the birth father has no heritage. The birth mother placed two other children for adoption in the past with the tribes blessing. Now, the tribe has said they have chosen a family on the reservation to adopt this baby and they will not budge. We thought that the child had to be an enrolled member or one of the birth parents in order for a tribe to take a child – especially in a voluntary relinquishment. Do you have any information that would help us? Thank you."

Response - Disclaimer -I'm not an attorney, and the only advise I can give the couple is to get a good attorney as soon as possible. Too many families don't get an attorney right away, thinking this isn't a big deal, and it really is. They need to find a GOOD attorney that knows the law well and is able to fight for the family's rights. Encourage them not to settle with an attorney that is going to roll over for the tribe - afraid to stand up and demand that the law be followed. Too many tribes, having more money and access to attorney's than many of the low-income families in situations such as this - can be somewhat bullying, and sometimes push for their will even if it has nothing to do with the law.

.... as I understand it, one parent to another - If the mother isn't enrolled - the tribe shouldn't be able to usurp the birth family's wishes. Again, I'm NOT an attorney and am NOT giving legal advice. That's just what it seems it says - (1903 (4)

......get an attorney right away, try to keep in county or state court rather than tribal court, and if your attorney agrees, make it clear from the start that this is NOT an ICWA case, as the mother is not enrolled. Keep that mantra up. This is NOT an ICWA case. Get that nipped in the bud right away in order to get this over with quickly - with the least amount of cost.

Further - 1911 (b) "absent objection by either parent" - It seems to me that this is saying that the tribe can transfer the case to tribal court, unless one of the parent's objects. Again, I'm not an attorney - but I would tell the state court, if it were me, that I strongly object to any type of transfer.

And don't forget to pray - we've see amazing answers to prayer.

UPDATE

"Thank you so much for your quick reply. Your information has helped me understand the ICWA law. We have contacted a very good attorney.
It is clear by this tribe’s own membership code that the child must be ¼ blood quantum and have a biological parent who is a member in order to be eligible. This child is 1/8. Although I think the adoptive parents would most likely win this case, the cost of litigation (financially and emotionally) has to be seriously considered. It is so sad that the birth parents may not get their first choice in families because of this. The family has to be willing to endure thousands in court costs. Thank you so much for the work that you do. Blessings,"
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