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Showing posts with label BIA. Show all posts
Showing posts with label BIA. Show all posts

Wednesday, February 5, 2025

If confirmed, Kirkland will replace Bryan Newland

 

Wednesday, February 5, 2025

Navajo Nation council speaker Crystalyne Curley and Billy Kirkland shake hands with guests at the Navajo Nation Washington Office.  Kirkland was honored at the office during a reception in January. (Photo: Antonia Gonzales)

A Navajo Nation citizen has been nominated by President Donald Trump to serve as Assistant Secretary for Indian Affairs.

The nomination of William “Billy” Kirkland was sent to the U.S. Senate on Monday, according to the Congressional database.

The Navajo Times reports Kirkland is a political strategist from Georgia who’s worked in the state’s political landscape. He also served in various positions during the first Trump administration.

Kirkland is said to have played a role working with tribes on the issue of missing and murdered Indigenous women helping with the Trump administration’s response through Operation Lady Justice.

He was honored during a reception at the Navajo Nation Washington Office in January on the night before President Trump took office.

Navajo Nation council speaker Crystalyne Curley and Billy Kirkland shake hands with a guest at the Navajo Nation Washington Office. Kirkland was honored at the office during a reception in January. (Photo: Antonia Gonzales)


Kirkland gave brief remarks at the reception, in an audio recording provided by Indianz.com.

“Anytime we can get Indian Country more involved in anything we’re doing, whether it’s here in Washington or in the states or policy wise or the inaugural ceremonies taking place tomorrow, the inauguration ball, we definitely want to do so. The White House will continue to have an open-door policy with all the tribal nations.”

If confirmed, Kirkland will replace Bryan Newland (citizen of the Bay Mills Indian Community), who resigned at the end of the Biden administration.

Monday, March 11, 2024

BIA at 200 years

 

To go even further back one hundred years.  The Bureau of Indian Affairs was in stark contrast in 1824 when federal Indian policy was rooted in war, blood, and death. It’s not surprising that the bureau was first planted in the War Department before being rooted permanently in the U.S. Department of the Interior in 1849.

READ

Tuesday, February 13, 2024

Wyoming #MMIWP | BIA 24/7 HELP LINE: 1-844-275-2497

 

The FBI just launched a new project to collect more data about the Missing and Murdered Indigenous People (MMIP) crisis.

Wyoming Public Radio’s Hannah Habermann reports on the announcement at the Wind River Reservation made last week.

The FBI is the primary law enforcement agency that investigates serious crimes on the Wind River Reservation – and they’re trying to collect more information about those who’ve gone missing or have been murdered.

The agency set up a new designated email account – WYMMIP@fbi.gov – to better understand what the crisis looks like in the state and what resources the agency can contribute to solving cases.

FBI agent Leonard Carollo says he recognizes that tribal members have not always been comfortable working with the agency.

“We recognize these historical barriers and want to do all we can to improve the flow of information.”

Agents and other FBI employees will collect information – like new details or cases that were never reported – for the next ninety days. Then, they will research and investigate the tips.

The FBI also plans to host in-person information-gathering sessions on the Reservation.

MURDERS in ALAKSA

Nesbett Courthouse in downtown Anchorage, Alaska, where the trial is taking place. (Courtesy Lex Treinen / Alaska Public Media)

The Anchorage murder trial of Brian Smith enters its second week.

The 52-year-old man is accused of killing Kathleen Henry and Veronica Abouchuk, two Alaska Native women from the rural communities of Eek and Stebbins who had experienced homelessness in Anchorage.

Last week during jury selection, potential jurors were asked if they could handle seeing gruesome photos and video that Smith allegedly shot of the one of the killings on his cell phone.

A woman testified last week that she stole the phone from Smith’s truck.

At the time, she said she lived in a tent and was riding around town with Smith “on a date”.

In 2019, the woman turned in an SD card to police and told them she found it on the ground.

But in court last week, she admitted to stealing Smith’s phone from his truck and copying the video to an SD card, which she turned over police, after her therapist encouraged her to do so.

As the trial finished its first week, defense attorneys argued the footage shouldn’t be shown to the jury, because so many different stories have been told about the source of the video.

Before trial recessed last week, the judge asked the prosecution to explain more about how police obtained the video and how it was handled.

As of now, the judge plans to allow the jury to see the footage in which Smith does not appear, but is heard telling his victim that he plans to kill her.

Investigators say they recognized his South African accent from a prior investigation involving Smith, which led to his arrest.

*

The Bureau of Indian Education has launched a behavioral health and wellness support line for students and staff.

Students and staff at BIE schools and programs can connect with trained professionals by calling 1-844-ASK-BHWP (1-844-275-2497). The support line is available 24 hours a day, seven days a week.

 

The federal government is launching a new behavioral health call line for students and staff at tribal schools.

The Mountain West News Bureau’s Kaleb Roedel has more.

The line is available 24 hours a day, 7 days a week and funded by the Bureau of Indian Education.

The agency says the line will mostly be staffed by Indigenous counselors who have experience serving Native communities.

They will offer both immediate individual crisis support and scheduling for virtual counseling.

The behavioral health line will serve more than 180 tribal schools.

 

Wednesday, March 22, 2023

Part 4: What if We Lost ICWA? So Many Questions


By Trace L Hentz, blog editor, adoptee

I am making a list of questions and answers:

Did you know you can use ICWA to open your adoption?

How hard is it to open your adoption?

How hard is it to find help, or know how to start?

MY Answers:

Does the ICWA afford access to adoption records? YES

Two provisions of the Indian Child Welfare Act (ICWA) provide a means for an adopted Indian to obtain information relating to his or her adoption. Section 1917 provides for release, upon application, of certain information by the court that entered the final decree. Section 1951(b) provides for a similar release of information by the Secretary of the Interior.  As indicated by the nominal number of cases addressing this issue, access to adoption records is routinely provided to Indian adoptees in order to establish tribal membership.   In only a few cases have the courts limited direct access of adoptees to their adoption records. In those cases, however, the Indian adoptees still obtained the necessary information to establish their tribal membership.  

See In re Mellinger, 672 A.2d 197, 199 (N.J. Super. Ct. App. Div. 1996). See also In re Rebecca, 601 N.Y.S.2d 682, 683-84 (Sur. Ct. 1993). 

The Practical Guide's Resources Section contains a sample application.

 SOURCE

 
👉In the book CALLED HOME: The Roadmap (Book 2) - we devote an entire chapter on how to use ICWA to open your adoption records to contact the tribe, and how to use DNA results. You will need legal help. Don't let that stop you.
 
***Some of us are told that records burned - that is usually a lie. The Catholic Charities and others will claim your parent is dead - that often turns out to be a lie.  In some families, as many as 10 children were sold and trafficked into adoption, especially if you were a Native mother.  Read the book series Lost Children of the Indian Adoption Projects for examples.
 

THIS IS HOW YOU GET YOUR FILE from the BIA:

CONTACT the Secretary of the Interior:

https://www.doi.gov/contact-us

Who may request access to adoption information?

Under 1917, an "Indian individual who has reached the age eighteen and who was the subject of an adoptive placement" may apply to the court that rendered the final decree, while 1951(b) allows the "adopted child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe" to request the adoption information.

 If you are an adoptee, call the BIA today... then call again and again - flood their phones and request help! Talk about ICWA. They kept many many records on adoptees. They can tell you your tribe. DO NOT GIVE UP...

What role does the Secretary of the Interior have regarding an Indian adoptees access to his or her adoption records?

Supposedly, under 1951(a) the Secretary of the Interior serves as a central registry for adoption records of Indian children since November 8, 1978. However, the registry in most cases is extremely limited and often times is unhelpful.  Although, state courts entering adoption decrees involving Indian children are required to provide to the Secretary of the Interior the Indian child's adoption records, it is routinely overlooked. In any event the registry, in accordance with 1951, should include information that shows:

(1) The name and tribal affiliation of the child;

(2) The names and addresses of the biological parents;

(3) The names and addresses of the adoptive parents; and

(4) The identity of any agency having files or information relating to such adoptive placement.

Should the registry contain pertinent records and upon a request by an adult Indian adoptee, adoptive parent(s) or Indian tribe, the Secretary is required to disclose the information necessary to establish tribal membership. 25 U.S.C. 1951(b). If the biological parent(s) indicate by affidavit to remain anonymous, the Secretary shall insure that the confidentiality of such information is maintained and such information is not subject to the Freedom of Information Act, 5 U.S.C. 522 (2000). 25 U.S.C. 1951(a). To accommodate the confidentiality request, the Secretary can then certify the child's parentage or other information necessary to satisfy a tribe's enrollment requirements and establish the Indian adoptee's membership in that tribe. 25 U.S.C. 1951(b).

ALSO: Make your voice heard! Be proud to protect ICWA for future generations!

Call or write:

Bureau of Indian Affairs
Department of the Interior
1849 C Street, N.W.
MS-4606
Washington, D.C. 20240

Telephone: (202) 208-5116

To request a meeting with the Director, Bureau of Indian Affairs, please use the Meeting Request Form

**

The Bureau of Indian Affairs will issue a Certificate degree of Indian Blood (CDIB) that shows your blood quantum and tribal affiliation. You will want to contact the BIA agency that provides services to the tribe you’re claiming heritage from in order to obtain the CDIB card, that information can be found in the Tribal Leaders Directory.

 ((This blog was created for adoptees like me... I will be back with more questions and answers))

To be continued

 


 

Monday, January 17, 2022

Renewed Debate over U.S. Indian boarding schools

 

Oney M. Roubedeaux

As tribes wait for investigation to conclude, debate over Indian schools continues

Tribes across the Southwest dread the possibility that thousands of unmarked graves might be uncovered by a federal investigation into abandoned Native American boarding schools expected to wrap up early this year.

The investigation, ordered by U.S. Interior Secretary Deb Haaland, came in the wake of the discovery this year of more than 1,200 unmarked graves at two long-shuttered boarding schools in Canada’s British Columbia and Saskatchewan provinces.

The probe also has renewed debate over Indian boarding schools, which were established in the 19th and 20th centuries with the primary objective of assimilating Indigenous youth into white culture by denying the use of their languages, dress and other cultural aspects.

Most boarding schools were closed in the 1980s and early 1990s, but dozens of schools remain open, with 15 still boarding students as of 2020, according to the National Native American Boarding School Healing Coalition. Some are controlled by local tribes, while others are operated by the Bureau of Indian Education, a division of the Department of the Interior.

Boarding school alumni are widespread among Indigenous communities, and their thoughts about their experiences vary widely.

“She’s brought awareness for our Native people, for our children,” retired elementary school teacher Oney M. Roubedeaux said of Haaland. “I feel like that is opening up a box of worms. I mean, just a whole big old span of our people that nobody paid attention to.”

Roubedeaux, who is Ponca and Otoe-Missouria, was 6 in 1971, when she rode a Greyhound bus from Stillwater, Oklahoma, to Concho Indian Boarding School in El Reno with her brother, who was 8. She is the youngest of 17 siblings, many of whom attended boarding schools.

After her mother’s death in 1973, Roubedeaux was separated from her brother when she transferred from Concho to the Seneca Boarding School.

She said one of her other brothers was beaten to death in his room in Chilocco Indian School, 20 miles north of Ponca City, in 1980, the year it closed down. By the time she left Concho, there had been three student deaths, one being her best friend’s brother.

After her mother’s death, Roubedeaux was placed in foster care.

She went through 10 foster homes before one foster mother realized Roubedeaux – who was 16 – could not read or write. The teachers at the public and boarding schools she attended had never taken the time to teach her, Roubedeaux said.

She caught up, she said, with help from her foster mother, and eventually obtained a degree in special education from the University of Central Oklahoma. Roubedeaux, who lives in Pawnee, concluded her 20-year teaching career in March 2020.

Although “not everything was good,” she said, boarding schools gave her self-reliance, which was her biggest reclamation of agency.

“Boarding schools were a learning experience for me as a young child … it took me through life, to be able to rely on myself,” Roubedeaux said. “To this day, at the age of 57, I can still do that.”

According to the Boarding School Healing Coalition, 367 Indian boarding schools operated in 29 states, from Alabama to Alaska. Seventy-three were operating in 2020, and 15 of them still boarded students. Oklahoma had the most, with 83 schools, some of which still are operating. Arizona was second with 51 schools, 25 of which are open and three of which board students; New Mexico was fourth with 26 boarding schools.

Riverside Indian School in Anadarko, Oklahoma, organized in 1871, is the oldest of four federally operated boarding schools in the nation.

Today’s boarding schools are a good thing, said Constance Fox, who is Cheyenne and Arapaho and graduated high school from Riverside in 1984.

“I think they’re a good thing because of the uniqueness Native students have,” said Fox, who’s a self-determination adviser for the Bureau of Indian Affairs in Oklahoma. “For many, it was all they had, good and bad. I hope they continue. I know there’s been a lot of positive strides made … I go back to Riverside and it’s a whole different place.”

Fox said Riverside has upgraded its buildings and athletics department over the years. When she attended Riverside, Fox said, no advanced courses were offered, but teachers now are recruited for such courses.

“I have friends that have kids and grandkids that go to boarding schools and it’s because they want to … because there is still discrimination in public schools,” Fox said. “Being around their Native people makes them want to do better and want to succeed. So, I think that’s a dynamic that has changed over the years.”

Fox attended Concho from grades 3 through 8 and graduated from Riverside as valedictorian. She holds a bachelor’s degree in tourism management from Northeastern State in Tahlequah, Oklahoma, and a master’s degree in education from the University of Oklahoma.

Fox, who lives in Yukon, has worked for the BIA for nearly three decades, mostly in the area of self-determination.

Fox said boarding schools – specifically the adults who worked at them, who she says practically raised her – helped shape her passion for self-determination and her career working to better tribes.

“What at the time was negative to me ended up really being positive,” Fox said. “I learned so much about self-responsibility, and that came from the dorm parents, teachers, and other people who worked at both Concho and Riverside.”

Fox said she fully supports Haaland’s efforts and thinks her investigation shows goodwill to create an understanding of the traumas her ancestors suffered and the impact it has in 2022. Although closure can’t begin without acknowledging the history, she said it is hopeful to begin the healing process for the families and tribes impacted.

Hopi journalist Patty Talahongva got her start in journalism at Phoenix Indian High School in the 1978-79 school year. She is the executive producer of newscasts by Indian Country Today, a national nonprofit digital news publication focusing on Indigenous issues.

Although Talahongva, who lives in Phoenix, knows about the brutal history of her grandparents’ boarding school experiences, her year at Phoenix Indian School was different.

“People want to cling to this idea that it was always, always bad,” Talahongva said. “I would say there’s always good in whatever story, no matter how bad it got.”

By the time she was in school, Talahongva said, children were allowed to speak their languages freely, and cultural customs were celebrated, not suppressed. The overall experience, she said, made her more independent. The school, which opened in 1891, shut down in 1990.

Even the launch of Indian Country Today’s newscast in April 2020 has roots in boarding schools.

Talahongva said the newscast began a month after the pandemic was declared, so studio options were few. The solution? The former grammar building of Phoenix Indian School, built in 1935 and now used as a visitors center. Indian Country Today used it for seven months before moving into a studio at Arizona PBS.

“Those kids who went to school in that building were never encouraged to go to college, get a degree, or do whatever they wanted to do,” Talahongva said. “They were certainly never encouraged to become (television) anchors and producers. I can hear our relatives laughing. It’s like, ‘Take that, government. We’re using the building you put up to hold us down, and we’re broadcasting to the world.’”

This story was originally published by Gaylord News, a reporting project of the University of Oklahoma Gaylord College of Journalism and Mass Communication. Nancy Marie Spears, a Gaylord News reporter based in Washington, D.C., is an enrolled member of the Cherokee Nation of Oklahoma. Cronkite News contributed to this story.

Friday, July 30, 2021

In Many Cases, Children were Abducted

Will U.S. Christians Atone for Church Boarding Schools? Indigenous Leaders Are Skeptical

On July 16, a brigade of cars and motorcycles crossed over the Missouri River via the Chief Standing Bear Bridge. Their arrival in South Dakota marked the conclusion of a three-day journey to return the remains of nine children to the Rosebud Sioux Indian Reservation more than 140 years after the children died at Carlisle Indian Industrial School in Carlisle, Pa.

The remains of a tenth child were returned to the Aleutian people in Alaska in June. During the 10 exhumations, a set of unidentified remains was also uncovered.

According to the Carlisle Indian School Digital Resource Center of nearby Dickinson College, there are known to be more than 180 graves at the Carlisle Indian School Cemetery. But as the Anchorage Daily News reports, “The true number may never be known, historians say, given poor record keeping, sloppy burial practices and the relocation in 1927 of a cemetery so that a parking lot could be constructed.” Some of the graves contain errors in both children’s names and their tribes.

These recent exhumations follow the discovery of hundreds of unmarked graves in residential schools in Canada in June.

For Indigenous communities, the existence of these schools and the abuse, neglect, and murder committed within them are not new; Indigenous communities have been aware of — and harmed by — boarding schools, many of them run by Christian groups, for generations. And though Indigenous people have ideas about how Christian communities can atone for their involvement in the schools, many are not sure Christians are willing to listen.

The Christian legacy

For Rev. Jim Bear Jacobs, a citizen of the Stockbridge-Munsee Mohican nation and co-director of racial justice for Minnesota Council of Churches, the fact that there’s a graveyard attached to any school is unconscionable.

“Christians sometimes want me to acknowledge the good intentions of the boarding schools at the time,” said Jacobs, whose great grandfather was taken to Carlisle. Jacobs finds such attitudes dismissive. “There’s a graveyard attached to a school. At what point does that become OK? They were forcibly taken from their families and they died. Regardless of what the cause of death was, their bodies were never returned to their families. These families are left devastated not knowing where their child is. There’s no justification of that at all.”

Opened in 1879, the Carlisle Indian Industrial School was the first boarding school in the United States that housed Indigenous children in an off-reservation setting, far from their homes. In 1891, the U.S. passed a compulsory attendance law that required Indigenous children to go to the schools. The Carlisle school eventually served as the blueprint for over 300 boarding schools for Indigenous children across the U.S. as well as a similar program in Canada

While the U.S. government opened 25 federal off-reservation boarding schools, more than 300 other schools were run by Christian groups with support from the government.

Upon arrival, the schools forced students to cut their long hair, a significant element of Indigenous faith and culture. The schools gave children English names and forbade them to speak their native language. In short, the church-run schools worked in cooperation with the government to strip the children of their spiritual and cultural practices and replace them with Christianity.

Some children were also exploited for free labor: They were sent to farm or perform housecleaning for local non-Natives. There are numerous reports of children at these schools being underfed, malnourished, and sick.

Dr. Tink Tinker, a citizen of the Osage nation and professor emeritus of American Indian cultures and religious traditions at Iliff School of Theology, said that people in the United States don’t want to know “that they killed Indians, cheated Indians, and stole land in order to create this romantic experiment called the United States.”

“Americans don’t want to know that children at boarding schools were fed a diet that put them at great risk of disease,” Tinker told Sojourners. “What the boarding schools demonstrate is that genocide was planned and supported by the state, that is the federal government of the United States.”

This is not news

While the existenece of Indigenous boarding schools has largely been erased from U.S. history, Indigenous people have been advocating for greater truth-telling for decades. And they hope change is coming.

On June 22, following the discovery of mass graves of Indigenous children at Canadian residential schools, Deb Haaland, the U.S. Secretary of the Interior, announced the creation of a Federal Indian Boarding School Initiative to conduct a comprehensive review of the troubled legacy of federal boarding school policies in the United States.

“The Interior Department will address the inter-generational impact of Indian boarding schools to shed light on the unspoken traumas of the past, no matter how hard it will be,” Haaland said to the National Congress of American Indians. “I know that this process will be long and difficult. I know that this process will be painful. It won’t undo the heartbreak and loss we feel. But only by acknowledging the past can we work toward a future that we’re all proud to embrace.” Haaland is a member of the Laguna Pueblo; her great-grandfather attended the Carlisle school.

Colette Yellow Robe, a citizen of the Northern Cheyenne, grew up knowing about boarding schools. Her mother survived boarding school and her grandfather attended and survived Carlisle. In April, she said at least one of her family members died under suspicious circumstances at a boarding school.

“We knew this was there, the cover-up of the death or murders,” Yellow Robe told Sojourners.

“When some of us went to high school, some went to the boarding schools that are still open. Or historically you just knew someone’s family who went to boarding school,” Yellow Robe said. “It’s common. It’s a part of everyday existence. It’s like driving by a national park: It’s just there.” Though attendance is no longer mandatory, the U.S. still runs several boarding schools for Indigenous children.

Ruth Hopkins, a Dakota and Lakota Sioux writer and former tribal judge, told Sojourners her father was abducted and taken to a boarding school when he was still nursing. “My whole life I've known about it. I’ve heard different things spoken about in hushed tones,” she said.

Hopkins said that the schools were forced upon Indigenous communities: families who refused to send their children to the schools could be denied treaty rations or sent to jail. In many cases, children were abducted from their homes by nuns and priests. To this day, Hopkins said, Indigenous people are wary of outsiders or white people on reservations.

“If they see outsiders coming, or white people coming, they don’t want them to be around their children or see their children. That’s from boarding schools, because they used to come and take peoples’ kids,” Hopkins said. One of her grandmothers used to hide one of her children every time a stranger came onto her property. The rest of her children were brought to boarding schools.

Now, the legacy of boarding schools affects everything from her community’s lack of knowledge of their native language to how Hopkins folds her towels: the way her father was taught at boarding school. It’s a legacy of trauma.

“You have all of these people who were put through extreme abuse and neglect,” Hopkins said. “You have people who didn’t really learn how to parent correctly. And they have all of these missing pieces in them from their culture and their language being taken away.”

Going forward

Indigenous people have suggestions for how, after centuries of abuse, Christians can begin to make restitution for these crimes.

The experts interviewed for this piece hope that Christians will advocate against pipelines, many of which directly violate treaty rights between the U.S. government and Indigenous communities.

As Tinker put it, Indigenous communities need non-Natives “to become allies in the Indian struggle for freedom” by physically standing up for Indigenous dignity, as some did at the Dakota Access Pipeline protest in 2016 and 2017. He implores Canada and the United States “to resist the military industrial complex and its fossil fuel subsidiary as they try to lay pipelines across Indian land or close enough to Indian land to threaten Indian water supply.”

Jacobs, who also serves as a parish associate at Church of All Nations Presbyterian Church in Columbia Heights, Minn., is calling for reparations for Indigenous people. He maintains that every predominantly white church in this country should have a line in their budget that is dedicated to local Indigenous language and cultural reclamation projects, “and it should be a significant amount of the annual budget.”

“It should be a significant amount because, for Indigenous people, the legacy of boarding schools is that it cost us everything,” Jacobs said. “We lost our language. We lost ties with our families and our culture. At a minimum, I tell churches that the work of repair looks like them paying a price to help try and mitigate and reverse some of the damage that came out of those boarding schools.”

However necessary, reparations and anti-fracking advocacy might be a big leap, especially for U.S. churches that have not claimed responsibility for the boarding schools or the murders of Indigenous children within them. The national Native American Boarding School Healing coalition lists 14 different religious groups that operated boarding schools in the United States, including Roman Catholics as well as Presbyterian, Quaker, Episcopal, Methodist, Baptist, Mennonite, and other Protestant denominations.

There’s some hope this is changing: While the Vatican has refused to release residential school records, two religious communities in Canada have released records as well as the United Church of Canada.

In December, the pope is scheduled to meet with representatives of Canada’s three biggest Indigenous groups — the First Nations, the Métis, and the Inuit — to “apologize for the church’s role in operating schools that abused and forcibly assimilated generations of Indigenous children.” A statement from the Canadian Conference of Catholic Bishops said that Pope Francis is “deeply committed to hearing directly from Indigenous Peoples, expressing his heartfelt closeness, addressing the impact of colonization and the role of the Church in the residential school system, in the hopes of responding to the suffering of Indigenous Peoples and the ongoing effects of intergenerational trauma.”

Christian organizations would do well to not only tell the truth about boarding schools but to release any information pertaining to them.

Amber Starks, an Afro-Indigenous activist who is a citizen of the Muscogee (Creek) Nation, said that acknowledgement looks like an honest verbal acknowledgement and concrete action, not a halfhearted committee or one-time donation.

“There’s a lot of talk about restitution, but it just doesn’t seem authentic,” Starks said. “It doesn’t seem like the church as an institution genuinely cares about the ongoing harm of its participation in colonialism, in imperialism, and in genocide. Since it doesn’t care about those things, it doesn’t care about the healing that has to go into that.”

For Native communities, it’s clear that Christians are both complicit in and beneficiaries of the legacy of U.S. boarding schools. Will Christians acknowledge this reality?

Starks hopes so.

“Be willing to be exposed for the wrong that you’ve done,” Starks said. “It shouldn’t take years to return the bodies of our relatives to tribes so that tribes can bury them in accordance with tradition and protocol. Where’s the humanity in that? Why would it take that long?”

“There are all of these lives buried underneath this place that you call holy ground,” she continued. “And it’s not holy. It’s been desecrated because you committed genocide.”

Sunday, July 4, 2021

The investigation that will change how America thinks about its past

In truth, the 367 boarding schools in operation in the U.S. were camps of strategic cultural genocide: This is what achieving civilization looked like in practice: 

Students were stripped of all things associated with Native life. 

Their long hair, a source of pride for many Native peoples, was cut short, usually into identical bowl haircuts. 

They exchanged traditional clothing for uniforms, and embarked on a life influenced by strict military-style regimentation.

Students were physically punished for speaking their Native languages. 

Contact with family and community members was discouraged or forbidden altogether. 

Survivors have described a culture of pervasive physical and sexual abuse at the schools. 

Food and medical attention were often scarce; many students died. 

Their parents sometimes learned of their death only after they had been buried in school cemeteries, some of which were unmarked. -The Atlantic

  Jeva Lange | July 2, 2021

Uncovering the abuses of Indigenous boarding schools will be Deb Haaland's most important legacy...

The horrors of the boarding school system are an open topic in Canada where, earlier this year, the remains of 215 Indigenous children were found in a mass grave at the Kamloops Indian Residential School in British Columbia. That sickening announcement was followed last week by the report of an additional 751 unmarked graves of children found near a residential school in Saskatchewan. Already this week, another 182 graves were found at a former school east of Vancouver, Canada. In total, an estimated 6,000 children are thought to have died at schools in Canada, while "it's likely that the number of students who died in the United States is much higher," Christine Diindiisi McCleave, the executive director of the National Native American Boarding School Healing Coalition (NABS), told High Country News.

GOOD READ: The investigation that will change how America thinks about its past

**

(click headlines)

ABC News
There were reports from the TRC -- a commission funded by the Canadian government as part of a legal settlement to address the wrongs of the system ...
 
TownandCountrymag.com
In 2015, the Truth and Reconciliation Commission identified this as "cultural genocide," and national anger has been mounting ever since. 

"We Were Children" trailer 2012


New legislation strengthens Oregon’s commitment to help preserve Tribal families

Oregon is the seventh state to pass a state-based ICWA in alignment with the federal act, joining states such as Minnesota and Tennessee. Before the federal act passed in 1978, generations of Tribal children across the country were removed from their families and communities, often placed without connection to their Tribal culture. 

“The passage of the Oregon Indian Child Welfare Act (ORICWA) in 2020 spoke to the State of Oregon’s commitment to protecting and preserving Tribal children and families,” said Adam Becenti, ODHS Tribal Affairs Director. “The recent changes to ORICWA will now enhance how Child Welfare engages with Tribal families and strengthen partnership with Oregon Tribal Nations. This is a significant step forward in repairing historical wounds and honoring the government-to-government relationship with Tribal Nations.”  MORE

Tuesday, March 16, 2021

HUGE NEWS! Deb Haaland makes history as first Indigenous cabinet secretary

 

 

In a historic vote on Monday, Debra Haaland was confirmed as President Biden’s Interior secretary. As a member of the Laguna Pueblo tribe, she will be the first Native American cabinet secretary in U.S. history.

Haaland, a former representative from New Mexico, was confirmed with a 51 to 40 split in the Senate, the narrowest margin of any of Biden’s cabinet picks so far. At the helm of the Department of the Interior, which houses the Department of Indian Affairs, she will oversee 500 million acres of public land, including the national parks system and oil and gas drilling on federal land. The Interior has an important part to play in tackling climate change, as one-quarter of all U.S. emissions can be attributed to fossil fuels extracted on these lands.

READ: Deb Haaland makes history as first Indigenous cabinet secretary

Wednesday, November 25, 2020

Trouble for newly federally recognized tribes | Indian Child Welfare Annual Report


 

An important need for Amherst County’s Monacan Indian Nation

Letters to the Editor for Nov. 26 

The Indian Child Welfare Act of 1978 gives federally-recognized tribes precedence in making determinations and placements in child welfare cases involving Indian children. It is vital that we support local tribes in engaging in the child welfare process. Children in foster care are much more likely to become involved in the juvenile justice system.

Unfortunately, research recently completed by the Annie E. Casey Foundation has shown that the number of Native American youth in juvenile detention centers has increased from May to August 2020. From March 1 to May 1, there was a decrease in the number of detained Native American children, while from May 1 to August 1 there was a 31% increase in the number of detained Native American children.

Tribes with newer federal recognition, such as the Monacan Indian Nation, have been unable, as of yet, to develop their own department of social services. This hinders the tribes’ ability to become involved in child welfare cases that could be determining the future of these native children. Our community needs to begin communicating with local tribes to determine if there are ways in which we can support them as they support their youth in need.

KATHRYN DURDEN, Lynchburg, Virginia

FOR TRIBES:
The BIA is seeking to renew the information collection conducted under 25 CFR 23, related to the Indian Child Welfare Act (ICWA). Agency Information Collection Activities; Indian Child Welfare Quarterly and Annual Report 

https://www.govinfo.gov/content/pkg/FR-2020-11-24/pdf/2020-25976.pdf

 

GOOD NEWS

Friday, October 16, 2020

Larimer County (Colorado) violated federal Indian child adoption law, court finds


Excerpt:

With the passage of ICWA, Congress found that terminations of parental rights had the effect of separating Indian children from their tribal communities. Around the time of the law’s enactment, up to 35% of Indian children were living in foster care or were adopted or institutionalized. A lack of culturally-competent standards for assessing Indian families, poverty in Indian country and economic incentives for adoption all led to the high rates of removal. 

Despite the fact that states routinely violated the rights of the Indian parents and children, the Bureau of Indian Affairs found as recently as 2016 that states have implemented ICWA inconsistently, with the upshot that “an Indian child and her parents in one State can receive different rights and protections under Federal law than an Indian child and her parents in another State.”

The National Indian Child Welfare Association reports that even with ICWA, native children still experience removal from their homes at two to three times the rate of white children.

The bureau did not immediately answer an inquiry about the number of custody hearings pursuant to ICWA that occur in Colorado annually. Kathryn E. Fort, director of the Indian Law Clinic at Michigan State University's College of Law, said there were at least 16 appeals of ICWA-related custody proceedings in Colorado between 2017 and 2019. She added that the difficult nature of aggregating cases meant that not all proceedings are included in her tally.

The appellate panel returned the adoption case to the Larimer County juvenile court with instructions to the human services department to notify all relevant parties.

 

SOURCE

Wednesday, January 11, 2017

Updated BIA Guidelines #ICWA

Principal Deputy Assistant Secretary Roberts Announces Updated BIA Guidelines to Strengthen Implementation of the Indian Child Welfare Act with Focus on Family Unification

by Levi Rickert


Published January 1, 2017
Guidelines provide best practices for supporting stability security of Indian families and tribes
WASHINGTON – Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts today announced final, updated Bureau of Indian Affairs (BIA) guidelines for implementing the Indian Child Welfare Act of 1978 (ICWA) that will better protect the rights of Indian children, their parents and their tribes in state child welfare proceedings.
The guidelines explain the ICWA statute and regulations while also providing examples of best practices for its implementation, the goal of which is to encourage greater uniformity in the application of ICWA measures.

Acting Assistant Secretary of the Interior - Affairs Larry Roberts. Photo Courtesy - Twitter
“The BIA’s updated Indian Child Welfare Act guidelines are the capstone of the Obama Admin-istration’s efforts to support the stability and security of Indian families and tribes by providing a more consistent interpretation of ICWA, regardless of the child welfare worker, judge or state involved,” Roberts said.  “I want to thank tribal leaders, the Indian child welfare community, and our state and federal partners for their valuable input and assistance with updating the guidelines.  The guidelines themselves will help with ensuring the rights of Indian children and their families under ICWA, and in strengthening the cohesiveness of tribal communities everywhere.”
The BIA first published its ICWA guidelines in 1979, shortly after the law’s passage.  While the Department updated the guidelines in 2015, it updated them further to complement its recently finalized regulations which became effective on December 12, 2016.
Congress enacted IWCA to address the separation of Indian children from their families at a disproportionately high rate, as a result of state agency policies and practices that placed the children in non-Indian foster and adoptive homes.
Based on 2013 data, Native children nationwide are represented in state foster care at a rate 2.5 times greater than their presence in the general population.  In some states, Native American children are represented in state foster-care systems at rates as high as 14.8 times their presence in the general population of that state.
Since ICWA’s enactment, state courts and state agencies have sometimes differed in their interpretations of the law and been inconsistent in their implementation of it.  To address this problem, the updated guidelines provide information for them to consider in carrying out the Act’s and final rule’s requirements, often drawing upon approaches states have already used.
In developing these guidelines, the Office of the Assistant Secretary – Indian Affairs worked closely with the Children’s Bureau of the Administration for Children and Families in the U.S.  Department of Health and Human Services and with the U.S. Department of Justice to produce a document that reflected the expertise of all three agencies.  Its development was also informed by public hearings, tribal consultations, and more than 2,100 written comments on the March 2015 proposed rule, as well as input received during training conducted on the final rule from July 2016 to November.
To view the updated guidelines, visit the Indian Affairs web site at:http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm.

Saturday, June 11, 2016

Interior Secretary Says Changes To Indian Child Welfare Act 'Close Loopholes'

A day after tribal leaders and governors in all 50 states received a letter from the Bureau of Indian Affairs, U.S. Interior Secretary Sally Jewell paid a visit to the Spokane Indian Tribe.
Jewell said Thursday, changes under the Indian Child Welfare Act, or ICWA, close some long-standing loopholes in the law.
During her visit, Jewell said a disproportionate number of tribal youth are being placed in the non-tribal foster care system “without any credible effort being made by the states to place those children in a family structure and a community structure that honors their heritage and their culture.”
The new rules require state courts to ask all participants at the beginning of custody proceedings about a child’s heritage. As well, only tribes can determine if a child is Indian.
A spokeswoman from the National Indian Child Welfare Association said no organizations or agencies at the state or federal level track the number of kids placed under ICWA. The group’s most recent estimates say one-third of the Northwest’s native population was under the age of 19.
High ranking government officials don’t come to Wellpinit, Washington, often. Jason Campbell, CEO of Sovereign Power, the Spokane Indian Tribe’s energy company, aid tribal leaders usually have to go to Washington, D.C., for this kind of conversation.
The Spokane Tribe is a sovereign nation and you could say Wellpinit is the capital. There’s a clinic, a public safety building and the cars even have their own black and green license plates.
Campbell was among leaders who offered Jewell a tour. They discussed many needs as an excited group of women gathered nearby.
“The Spokane Tribe is being recognized and it’s about time. We need this,” said Nancy Raymond, who has lived on the Spokane Indian Reservation her whole life.
Wellpinit resident Clarissa Thatcher added, “There’s a long list of stuff that can be improved on here.”
The tribe was selected to participate in a federal initiative meant to boost economic prosperity. Secretary Jewell said that effort will continue despite the outgoing Obama administration.
“That doesn’t matter,” Jewell said. “It’s the programs and the structure and the career staff that facilitates moving this forward.”
Two federal staff members will be dedicated to helping the tribe with long term projects.

****
The Indian Child Welfare Act descends from a history of human rights abuses of Native Americans and subjugation of their culture, as the Christian Science Monitor's Bamzi Banchir explained in March:
The act was passed to amend historical practices that saw native American children taken from their families and communities and placed in boarding schools in an attempt to 'solve the Indian Problem' – native Americans were depicted as 'savage heathens' – by assimilating them into mainstream American society....

http://launch.newsinc.com/share.html?trackingGroup=90962&siteSection=csmonitor_nws_non_sty_dynamic&videoId=28688128 


***
AND from the Christian group who is seeking to destroy ICWA: [Christian Newswire 2016. All Rights Reserved. | 2020 Pennsylvania Ave. NW - Washington - DC - 20006 | 202-546-0054] Elizabeth Morris is Chair of the Christian Alliance for Indian Child Welfare and author of "Dying in Indian Country." CAICW, a ministry and advocacy, has assisted families judicially, educationally, and as a prayer resource since 2004.  
If you thought Elizabeth Morris is gone after the Baby V case, she's not. Look at this

***
NARF statement about frivolous lawsuits: Since our founding 45 years ago, NARF has worked to protect the rights of Native children, families, and communities. We stand hand in hand with our allies against these recent attacks on ICWA and we will fight these meritless lawsuits. 

Friday, October 23, 2015

Groups challenging Indian Child Welfare Act lose round in court




Indian children in South Dakota. Photo from Lakota People's Law Project
       

A federal judge has dealt an early setback to groups that are challenging efforts to strengthen the Indian Child Welfare Act. Congress passed ICWA in 1978 to prevent the removal of Indian children from Indian homes. But compliance has been uneven so the BIA in February issued guidance aimed at helping state courts and state agencies meet the goals of the law. Non-Indian adoption groups, though, weren't happy with the guidelines even though they do not carry the full weight of a formal regulation. They sued the BIA in May, accusing the agency of taking action without seeking input from the public. Judge Gerald Bruce Lee, however, rejected an attempt by the National Council for Adoption and the Building Arizona Families Adoption Agency to invalidate the new guidance. He noted that the document does not constitute a "final agency action" that can be challenged in court.
Cherokee Nation Chief Bill John Baker discusses an Indian Child Welfare Act case that went before the U.S. Supreme Court in 2013. Dusten Brown, in sunglasses, was forced to give up his daughter after the justices ruled against him. Photo from National Congress of American Indians / Flickr
Assistant Secretary Kevin Washburn addresses the National Congress of American Indians annual convention in San Diego, California, on October 19, 2015. Photo by Indianz.Com
 


Lee also determined the groups lacked standing altogether. As part of comments submitted to the agency regarding a permanent ICWA rule, they already admitted that the guidelines are completely voluntary, he said. "The 2015 guidelines are merely interpretive in nature and impose no obligation unless and until a state court requires compliance with their provisions," Lee wrote in the 17-page decision on Tuesday. Although the ruling does not end the case, the standing issue poses a significant problem going forward. Without a judicially-recognized connection to challenge the BIA, the groups face an outright dismissal of their lawsuit. ICWA, however, remains under attack. Emboldened by the U.S. Supreme Court decision in Adoptive Couple v. Baby Girl, non-Indians are trying to outright invalidate the law, or at least undermine it, through a series of lawsuits. One conservative organization claims the law is unconstitutional because it only applies to children based on their racial heritage.


The BIA also faces opposition to an ICWA rule that would carry the force of law unlike the guidelines. Over 1,800 comments were submitted by the May 18 deadline, according to the docket on regulations.gov. "It is in the best interest of children not to be stolen from their tribal communities," Washburn said on Monday at the National Congress of American Indians annual convention in San Diego, California. "I think that's just a fundamental principle." Pointing to media coverage in publications like the Wall Street Journal, opposition groups are well-funded, Washburn said at NCAI. With slick websites and high-profile lawsuits, tribal advocates believe the law faces serious hurdles in the coming years. "Indian country lost Adoptive Couple v. Baby Girl because the adoption industry won the PR battle before Indian country even noticed. It’s time to act," professor Kathryn E. Fort wrote on Turtle Talk in July after the conservative Goldwater Institute of Arizona filed a class action against ICWA.

 Even though ICWA has been on the books for 35 years, Indian children are still overrepresented in the child welfare system. In South Dakota, for example, 51 percent of children in the foster care system are American Indian or Alaska Native even though Native Americans represent just about 9 percent of the state population. Turtle Talk has posted documents from the case being handled by Judge Gerald Bruce Lee in Virginia, NCFA v. Jewell.

Additional documents from other ICWA cases can also be found on Turtle Talk. Federal Register Notices:
Regulations for State Courts and Agencies in Indian Child Custody Proceedings (March 30, 2015)
Guidelines for State Courts and Agencies in Indian Child Custody Proceedings (February 25, 2015

Friday, May 8, 2015

Our Souls Cry: Proposed ICWA guidelines and hearings underway

By Trace
 
Last week I did write a statement and submitted it via email to the BIA.
I also read the Regulations for State Courts and Agencies in Indian Child Custody Proceedings and made a comment as an adoptee, as an advocate for other Native American adoptees and as an unofficial expert since I have authored three books (one as a memoir) about the Indian Adoption Projects.
 

Article on Yesterday’s Public Hearing on Proposed ICWA Regulations

Here, via NICWA.
“That’s been the plan from the beginning,” Bradley Goodsky told a mostly sympathetic audience at Mystic Lake Casino on Wednesday. “It’s like [child protection] has a crystal ball and we’re doomed to fail.”
Goodsky was one of the speakers to address federal administrators who are considering making it more difficult for social workers to put Indian children in foster care. The Bureau of Indian Affairs is proposing new rules that it says will strengthen the Indian Child Welfare Act, the 1978 law passed by Congress to stop the “often unwarranted” breakup of Indian families.
The act provides guidelines to child protection agencies and juvenile courts that set a high standard for placing Indian children into foster care, and it gives tribes a say in those cases. The proposed changes would raise that bar even higher, by requiring that child protection and the courts first determine if a child is Indian, and then only remove that child from a home where there is “present or impending risk of serious bodily injury or death.”  Kevin Washburn, the U.S. Interior Department assistant secretary who leads the BIA, is touring the country with other agency officials to hear from tribes and the public about the proposals.
“Guidelines are great,” Washburn told the group at the casino in Prior Lake. “We need things that are legally enforceable.”

But those voices were far outnumbered by speakers who told stories about the damage caused to Indian children by being separated from their culture.
“Native adoptive souls have been stolen,” said Gio Cerise, who was just 2 weeks old when adopted into a non-Indian family in 1965. “Our souls cry.”

Do you have your written comments in yet? They are due May 19.

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