ICWA Has hurt Children and Parents.

1. Federal, State, and Tribal authorities have favored a child's tribal heritage over that child's Irish, Afro-American, Scottish, Latino, or Jewish heritage, or any other heritage the child has, no matter the percentages. Whether the child's heritage is predominately Slavic or Mexican, the only question asked is whether the child is enrollable.
2. Some Tribal governments have interfered in custody battles between parents, overturned county decisions in favor of the tribally enrolled parent and ignored child abuse, neglect and drug abuse in those decisions.
3. Some Tribal governments have claimed jurisdiction over children that have little tribal heritage and are not enrollable according to their constitutions.
4. Contrary to state laws pertaining to the best interest of the child, some Tribal governments have ignored the interaction and relationships children have had with caregivers; the child's adjustment to home, school, and community; the length of time the child has lived in a stable home, and the permanence of the existing or proposed custodial home.
5. Many county courts and social services have backed away when ICWA is involved because they do not understand ICWA or can not afford to fight back.
6. Several State Governments have given "Full Faith and Credit" to tribal courts and will not review or overturn tribal court custody decisions.
7. ...Read their letters

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ICWA 's Wrong - Kids Have Rights

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Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, said, "the intent of Congress in passing the Indian Child Welfare Act was to protect Indian children from removal from their tribes and to assure that tribes are given the opportunity to raise Indian children in a manner which reflects the unique values of Indian culture."

According to West's Encyclopedia of American Law, the Indian Child Welfare Act (ICWA), "…intended to limit the … removing (of) Native American children from their tribe and family and placing them in a non-Indian family or institution. The act seeks to achieve these goals through…placing children…in a…home that reflects the unique values of Indian culture."

(ICWA) "seeks to protect the rights of the Indian child as an Indian and the rights of the Indian Community and Tribe in retaining its children in its society." - House Report on the Indian Child Welfare Act.

But most enrollable children are of mixed heritage. What about the rights of the child of Indian heritage as a Latino, Black, or Italian? And what gives the Tribe the right to claim children who are predominately of another heritage?

Advocates of ICWA point to the devastation suffered by children of tribal heritage when, years ago, they were forcefully removed from the homes they loved and forced to stay at boarding schools. The trauma those children and families expereinced was, indeed, devastating.

However, today, some tribal leaders have been doing the exact same thing when they have removed children from the homes and environments they love, forcing them to live with people they barely know in Indian Country.

There is no inborn difference between persons of tribal heritage and other persons. Any emotionally healthy child, no matter their heritage, will be devastated when they are taken from their familiar homes and forced to live with strangers.

Even children of 100% tribal heritage will be devasted if taken from the only home they know and love, even if it is non-tribal, and placed into a reservation home they know nothing about.

The Full Text of the INDIAN CHILD WELFARE ACT OF 1978 (ICWA):
THE ICWA LAW: PUBLIC LAW 95-608, 25 USC Chapter 21
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Time to get Started Again

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Okay - We've had a long period of inaction due to having moved my family first from Alberta back down to the States, but then six months later, to a new state; one in which we had never lived before. Getting kids started in school, trying to find our place in the community, and, of course, giving attention to the presidential election all took a little time. But we've been too far from the important issue of ICWA for too long and now it's time to focus again.

The new legislative session mean an opportunity to talk to the states about the issues. We also need to get back to work on the website - caicw.org - in order to share the ICWA problems and possible solutions to those problems.

Remember - any that are interested in helping are more than welcome.

Read the stories of families struggling against ICWA and tribal jurisdiction over their families at

http://www.caicw.org/familystories.html

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Todd Palin in Moorhead

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I had a chance to shake Todd Palin's hand and tell him briefly about the Indian Child Welfare Acts effect on enrollable children and their families.

“I know John and Sarah will work to get the government back into the people’s hands,” Todd Palin said to the crowd when he visited Scheel's Sporting Goods in Morehead, Minnesota Friday.

The crowd of about 200, packed into the store, cheered and waved McCain signs as well as bumper stickers with the words, "Read My Lipstick McCain-Palin ’08.”

He went on to tell us that Alaskans share a lot of common interests with Minnesotans. “hunting and fishing and, of course, our Second Amendment rights.”"I know Sen. McCain and my wife will continue to fight for those Second Amendment rights with your support,” he said.He reminded us that not only is Senator McCain the only candidate that fully supports gun rights, but he’s also the only one with a plan to encourage both big and small business, which is what the economy needs.


The other thing that he wanted us to remember is that should Democrats control the Senate and House as well as the Executive Branch, not only will Obama’s foreign Policy be implemented without opposition, but his domestic policies as well, including his economic and health care plans.

Finally, he told us not to mind the critics that claim that Sarah, as a woman and mother, can't do the job. "She’s been told that in every job that she’s had, running for Mayor, they told her you can’t do it because you’ve got Bristol, Track and Willow. So, any female that puts herself into politics is always going to have that criticism and so, she’s faced challenges before and at the end of the day, she always proves them wrong."

He was humble, kind, and to the point. One of my daughters hugged Mr. Palin and told him that she understands what his oldest daughter is going through, because it had happened to her as well. Todd asked where her baby was and my daughter pointed to where I was holding him.

This child, Mr. Palin, is one of the children we're talking about. An enrollable child that the tribe has no business having jurisdiction over.


On the drive home, one of my other daughter commented that while listening to Senator Obama speak in a stadium earlier this year, she found it very hard to pay attention. She said Obama had good inflection when he is speaking, but his content was just too smooth. As she put it, too “politician.” On the other hand, she really enjoyed listening to Mr. Palin. He wasn’t a polished speaker, but she said that’s what she liked. He was real, and you knew that what he was saying was really coming from his heart.




To obtain your 'Read My Lipstick' McCain-Palin '08 bumpersticker, Click Read My Lipstick! Right Now!

1. Pro-life
2. Fiscally Responsible
3. Socially Accountable
4. Fighting Government Corruption

Spoke at the Mille Lacs Symposium re: ICWA

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I was asked to speak about ICWA at the Mille Lacs Equal Rights Symposium this last weekend. This was, I suppose, a chance for rebuttal to the slander that occurred last year in Mille Lacs under the banner of the Minnesota Human Rights network. However, I never mentioned last years meeting. Others did that plenty.

Dr. William Allen, the former chairman of the U.S Commission on Civil Rights, was the keynote speaker. Dr. Allen was awesome.

We had the privilege of breakfast with Dr. Allen just before the symposium. We stayed with a Mille Lacs county commissioner who has been a friend of ours for years, (prior to him becoming a commissioner.) He invited Dr. Allen to come over for breakfast prior to the meeting. Bill Lawrence, the publisher of the Native American Press/Ojibwe News and a member of the Red Lake tribe, was also there. I'd written for his paper a few times in the 1990's.

It was incredibly comfortable. Dr. Allen, who is a professor in political science at Michigan State, had some really interesting things to say about the current presidential campaign. I wish I'd taken notes.

Now the Seminar -

I was very nervous. I've written a lot and said a few words at a few different places, but I've never spoken for 45 minutes before. However, although I'm not the best speaker, the reaction after the meeting was overwhelming. A legislator from Minnesota was there and wanted more information. Others came up to speak to me - all very encouraging. One woman was almost crying! I gave out several of Roland's videos. A pastor we knew from western Montana was also there - he'd moved several years ago. He wanted us to spend the night with him last night (but we needed to get home)

One man wanted to give me a deer-hide drum he'd made in exchange for two videos. So we traded.

But the reaction to my presentation is nothing compared to the the speech Dr. Allen gave concerning federal Indian policy, ICWA, and the underlying goals and thought processes behind them. His comments were incredibly insightful. ALSO he is interested in writing more on these issues after he's finished with his current project in January.

Dr. Allen left from the meeting to catch his flight back to Maryland. The girls and I went back to to the Commissioners home, where we spent a couple of hours with him, Bill and their wives sitting on the porch overlooking the lake. Again, I am so grateful for how comfortable the conversation was.

Maybe it's because we've all been attacked together over the years because of our tribal politics. I don't know. Maybe it's because they knew and loved Roland. It's been four years now since he passed, and not everyone we meet knows him anymore.

Somebody wrote this the next day...

Sent: Sunday, September 21, 2008 1:04 PM

Lisa,
,,, I live in Ramsey, MN.
On Saturday, I was at the meeting in Wahkon, MN and heard you speak. You did a marvelous job. I wanted to talk to you but had to leave right before lunch and couldn't.
I will donate some $ online at your website, but not that I can afford much. But, the work you folks do is wonderful. I don't think anyone there knew of the issues you brought up. It is disgusting and heart breaking. Hopefully, you folks can make a difference and help the kids out.