BAD OUTCOMES: Brackeen Case | New York Times and #ICWA

 reblog from 2019

By Trace Hentz (blog editor)

FIRST UP:  The New York Times headline June 5, 2019:   

Who Can Adopt a Native American Child? A Texas Couple vs. 573 Tribes

Here

 

I posted my comment which became a NYT Pick:

I am an adoptee and journalist who has documented the history and narratives of Native adoptees in three Lost Children anthologies. If the Brackeens had done any research prior, they would know the outcomes for Native adoptees are not good. Adoption gets pretty ugly when it doesn't work. Once kids are out of diapers, they start noticing and feel the isolation without kin. There are medical terms for our damage. The adoption industry will not advertise that most patients in psychiatric care are adoptees. They don’t warn adoptive parents their new child will suffer from “Severe Narcissistic Injury” or “Reactive Attachment Disorder.” This news would not be welcome. LINK

Of course some readers slam me for using the word "kin" ...or ask how do I know about the damage we suffer...  No shock... I get it: they don't get it and they don't know the history or the Native adoptees I  know personally... (There were 775 comments before they shut it off today and many are amazingly correct!)

An earlier comment from Ellen gets it:

This country has a long brutal history of removing Native children from their families with the intent of culture genocide. There is nothing different about this case. I am sure that the Brackeens are lovely (wealthy) people who care for Zachary, and the new baby they selfishly wrested from her family. Still, it does not undo the damage done to the Navajo nation, in losing 2 precious children, not to mention the damage done to the children in growing up apart from their culture...while being quite different in appearance from the rest of this family. But skin color is not the issue - the erasure of culture and sense of self is.

After reading the NYT story I am not surprised that the Navajo tribe and the Brackeens will share custody, as Judge Kim declared, but the Brackeens would have primary possession.  Taking Indian children off the rez and changing their identity to white and ending their sovereignty and treaty rights and a connection to tribal lands:  the old playbook is the new playbook.  

It is always about possession.

We have covered this case on this blog for the past few years. (please look at Goldwater Institute (34+ posts) for more insight on this case.)
 

Hundreds of tribal nations vehemently oppose the lawsuit Brackeen v. Bernhardt that splits Texas, Indiana, Louisiana and a coalition of conservative legal groups, including the Goldwater Institute, against the federal government, hundreds of tribal nations, 21 state attorneys general, Native American civil rights groups and child welfare organizations, including the Annie E. Casey Foundation and the Children’s Defense Fund.

The NYT story reports:

So much remains suspended.

The decision about the act’s fate from the Court of Appeals for the Fifth Circuit is imminent.

The Navajo are appealing Judge Kim’s custody order. 

What about the BRACKEENS:

Potential Adoptive Parents (PAPS) Chad and Jennifer Brackeen might want to learn Navajo history during this lengthy court battle in Texas. (Try this one in 2011: Illegal aliens? Deported adoptees?)

The total population of the Navajo people residing in their land is approximately 180,462 having a median age of 24 years old.   Navajo Nation is situated over a 27,000 square miles of large land within the vicinity of the state of Arizona, Utah and New Mexico. It is considered to be the largest land that is primarily covered by the jurisdiction of the Native American within the territory of the United States.

What most people don't know:  The Navajo are survivors of a barely-known Mormon assimilation program from 1947 to the mid-1990s. 

Year after year, missionaries of the Church of Jesus-Christ of Latter-day Saints approached Navajo families and invited children into Mormon foster homes.  As part of the Mormon Indian Student Placement Program, children would live with Mormon families during the school year to “provide educational, spiritual, social, and cultural opportunities in non-Indian community life,” according to the Church.  

Typically, the Mormon foster families were white and financially stable.  Native American children who weren’t already Mormon were baptized.  Although the LDS Church reached out to dozens of Indian tribes, most participants’ families lived within the Navajo Nation.

Roughly 50,000 children participated in the Mormon Indian Student Placement Program, according to Matthew Garrett, a professor at Bakersfield College.

Rather than improving conditions on the Navajo reservation, the LDS Church asked that children assimilate to the way its white members lived.  Some Church leaders interpreted the Book of Mormon literally and expected that Native American children’s skin would turn lighter as they grew closer to God.  

The Church now admits that not all Native Americans are descendants of the Israelites, or Lamanites, as described in the Book of Mormon.   (Oh really, thanks)

In addition to the claims of damage done by sexual abuse, the lawsuits involving the Indian Student Placement Program assert that the culture of the Navajo Nation was “irreparably harmed” by the LDS Church’s “continuous and systematic assimilation efforts.” Although the last student in the Indian Student Placement Program graduated in 2000, plaintiffs are asking the Church to do all it can to enhance and restore Navajo culture and create a taskforce for that purpose.

SOURCE:  

Why Several Native Americans Are Suing the Mormon Church

Participants in the Church-sponsored Indian Student Placement Program have filed at least three sexual-abuse lawsuits. Lilly Fowler Oct 23, 2016

***

Practices of adopting Native American children directly followed the residential/boarding schools.  Such adoption practices, which came into fruition through forms such as the forced removal of Native American children during Canada’s 60s Scoop and its parallel in the United States, the Indian Adoption Projects, exemplify the adaption of adoption as a settler colonial tool for dispossession and disenfranchisement. 

***

Narragansett author John C Hopkins wrote about his Navajo mother in law on his blog:

Chilocco Indian School opened in 1884 with 123 students. Its first graduating class was comprised of six boys and nine girls. The school finally closed its doors in 1980. The name Chilooco comes from the Choctaw word “chiluki” and the Cherokee word “tsalagi,” which means “cave people” in both languages.

A long, hard-used tarred road turns off Route 166 and ends where the abandoned, ivy-covered stone buildings stand in disrepair haunted by the ghosts from memories past.

Bernice Austin-Begay, a Navajo, recalled the long ride down the road when she was a child returning to school after a rare family visit.

“I’d be sad because I knew it would be a long before I would see them again,” Austin-Begay, Class of 1965, said. “I’d be thinking about my family, thinking about my sheep.”

Austin-Begay was 10 when she was first taken to Chilocco. More than 50 years later she still recalls the day the government agents came to Black Mesa, Ariz. and took her away.

“I was captured,” she said.

Many Indian families resented how the government swooped in and took the children away from their families and did all they could to thwart the Bureau of Indian Affairs. Austin-Begay’s family was one of those. Whenever her mother saw a car coming up the road she would send Bernice running, to hide in the hills until the “biliganas” left. (Biligana is the Navajo word for white man)

But one day the car arrived unexpectedly and young Bernice never reached the woods.

“I was too slow,” Austin-Begay said.

**

'CATASTROPHIC AND UNFORGIVABLE'
Starting in 1958, the Indian Adoption Project placed Native American children in non-Native homes, in what it said was an effort to assimilate them into mainstream culture and offer them better lives outside impoverished reservations.
The project was run by the U.S. Bureau of Indian Affairs, a federal government agency, and the nonprofit Child Welfare League of America, in partnership with private agencies.

 There was a reason Indian leaders went to the Senate in the 1970s and demanded an inquiry into the staggering number of children disappearing in Indian Country. It was not just boarding schools creating this mass exodus of children. Adoption programs in 16 states removed 85% of Native children. Programs like the Adoption Resource Exchange of North America (ARENA), established by the Child Welfare League of America in 1967, funded in part by the Bureau of Indian Affairs, paid states to remove children and place them with non-Indian adoptive families and religious groups like the Mormon Church.  ARENA expanded to include all Canadian and United States adoption agencies and offered them financial assistance.  

ICWA (the Indian Child Welfare Act) prioritizes placing Native children into Native homes or with kin or with families that are willing to keep them within a certain proximity to their cultures.

***

Associate Attorney General Tony West Delivers Remarks at the National Indian Child Welfare Association’s 32nd Annual Protecting Our Children Conference ~ Monday, April 14, 2014

 "...There's more work to do because every time an Indian child is removed in violation of ICWA, it can mean a loss of all connection with family, with tribe, with culture.  And with that loss, studies show, comes an increased risk for mental health challenges, homelessness in later life, and, tragically, suicide."

READ

Battle Pits Native American Tribes Against White Couple Over Adoption of Native Child in Case With Potential Affirmative Action Implications

THE ROOT
(to be continued)

It was human trafficking, not adoption

Task Force Aims To Recruit More American Indian Foster Families

Indian Child Welfare Act task force (Kenneth Ramos)

 





















PUBLISHED IN 2014

The way Navajo Indian Leland Morrill sees it; he was a victim of trafficking when he was four years old. 
In the 1970s, Morrill, 48, was living with his grandparents on the Arizona Navajo reservation. His mother had died in a car crash a few years earlier. Besides one picture, her relatives were all she left behind for her young son.
But, as the state government would soon decide, that wasn’t enough.
The Morrill grandparents lived in a hogan, a Navajo Indian dwelling made of dirt, branches and mud, with an open fire pit. Morrill’s grandfather was blind. One day, when his great-grandmother went out with the sheep, Morrill stepped into the fire.
At the hospital, doctors determined that he suffered from first, second and third degree burns, broken bones and malnutrition. Morrill said the last affliction was through no fault of his grandparents.
“There was no electricity and no running water on the reservation. I would say everyone in that area was malnourished,” Morrill said.

The Bureau of Indian Affairs (BIA), a federal organization designed to provide services to American Indian tribes, placed Morrill with a Caucasian Mormon couple as foster parents. The BIA paid them $65 a month to give him a home. Soon after, the Morrills adopted Leland and moved the family to Canada. Now, tribes across the nation are trying to recruit Native American foster families to keep their children in the tribe. Morrill has fought on the front lines in this effort. He filed an amicus brief in the Supreme Court case Adoptive Couple vs. Baby Girl last year. The case interpreted the Indian Child Welfare Act and concerned a Cherokee girl whose mother adopted her to a non-native family without her father’s consent. The father, who ultimately lost, sought to obtain custody of his daughter again.

“I know the inequality of children not being able to speak for themselves,” Morrill said. “Who’s going to speak for them?” Fifteen years would pass before Morrill himself saw the Navajo reservation again.

During that time, Leland Morrill was one of about 2,000 Navajo children adopted annually by a Mormon family, according to the blog American Indian Adoptees. This was due to the Indian Adoption Project, a plan launched in 1958 by the BIA and the nonprofit Child Welfare League of America. The project paid states to remove American Indian children and place them in non-native or religious families to assimilate them into ‘conventional’ society. One goal was to give them opportunities the impoverished reservation could not provide for them, according to Reuters.
In the 1970s, Indian leaders went to the Senate and demanded an inquiry into the large numbers of their children disappearing. William Byler, the executive director of the Association of American Indian affairs, testified that under current conditions, tribal survival looked grim, according to American Indian Adoptees. In response, Congress passed the Indian Child Welfare Act (ICWA) in 1978. Under this law, states must do everything possible to keep Indian children with their families, or at least send them to Native American adoptive or foster families that the child’s tribe selects.
But many states, such as New Mexico, Alaska and California, lack licensed Indian foster families. In Los Angeles, about 200 American Indian kids are in the foster system and the city has no licensed foster families, according to L.A. children’s court judge Amy Pellman. In California, 439 Native American children entered foster care in 2012. This is a large number, given that Native Americans make up slightly over one percent of the state’s population, according to the Child Welfare Dynamic Report System, a joint effort of the California Department of Social Services and the University of California at Berkeley. The disproportionate amount suggests that welfare agencies still may pull Indian children from their homes too quickly, which children’s social worker Roberta Javier confirmed.
“When I was growing up, I had a cousin in my adoptive family who stepped into a pile of burning trash,” Morrill said. This was similar to the incident Morrill suffered that resulted in his removal from his Navajo grandparents. “When I asked my adoptive family why he didn’t get taken, they had no response.”
Javier, who is Cherokee and Sac & Fox Indian, formed a task force with other Los Angeles Natives to recruit more foster and adoptive families. They are working on a public service announcement to air on local TV channels and FNX, a Native American channel. The key message, ‘lend a hand,’ evokes a cultural ideal. Morrill attends the task force meetings and has contributed ideas, but is not a member of any committee.
“It’s traditional in Native American culture when you see someone who needs help you step up. It’s part of being in a collective community,” Javier said.
Adopted Native children are often disconnected from their culture. Growing up, Morrill’s foster parents raised him in the Mormon Church. They did not teach him anything about his tribe or its customs.
“My dad once took me on a business trip to Pine Ridge reservation (South Dakota). I don’t think he really understood the importance of culture,” Morrill said. The reservation is home to the Oglala Sioux, a tribe that Morrill does not belong to.
Even if non-native adoptive parents do show appreciation for their child’s background, children can still feel alienated without others around like them. Jennifer Varenchik, 42, an adoptee and member of the Tohono-O’odham tribe, said her adoptive dad researched her tribe and hung their baskets in the house. But she said still felt like an outsider in her predominately white neighborhood.
“When I was in sixth grade, a black family moved down the street and I was so happy because I wouldn’t be the only one with dark skin,” she said.
But when Varenchik tried to learn more about her roots, the process was not as natural as she expected.

“I took some Native studies classes in college, but it felt really foreign to me,” Varenchik said. “I felt like it should have a deeper meaning, but it didn’t.”

After finishing college at St. Mary’s, in Moraga, Calif., Varenchik moved to Los Angeles, which she knew had a large urban Indian population (the second largest in the U.S., according to Indian Country Today Media Network). She started work at United Indian American Involvement, a nonprofit providing service and support to American Indians in California, and began attending powwows. She even reconnected with her biological siblings on the reservation in Arizona.
But not every adoptee’s story ends as happily. Javier’s own painful experiences compelled her to campaign for more Native foster families.

“I’ve been in 17 foster homes from the ages 6-16. I was separated from one of my (biological) sisters who then got lost in the system. A social worker took her to a group home and my sister ran away. Four days later, her social worker killed herself so there was a disconnect (in information),” Javier said. “It took me 25 years to find my sister.”

The task force efforts began two years ago, but members have yet to find a single foster family. They are collaborating with Los Angeles County, but Javier cites a lack of cultural awareness among officials as part of the problem. She gave the example of the county sending a non-native woman to an American Indian church sing to speak on the shortage of foster parents.
“This is like sending an African-American to recruit for a Chinese home,” she said.
But more Native adoptees are coming together to talk about the issue. Morrill has started a blog and a Facebook page where he shares his story and circulates others’.  He said his efforts are “normalizing the craziness of what it’s like to be an adoptee,” and helping disconnected Natives repatriate to their tribes. Though Morrill and Varenchik cannot control the past, they are combining their influence and education to improve the future for other American Indians.
“I’m the opposite of the people on the reservation, but I’m fighting for their rights and their children’s rights,” Morrill said.

Reach Staff Reporter Anne Artley here

Leland was 48 at the time of this story. He lives in LA, CA.

(The links are old and may not work... Trace)
Leland's search and reunion is laid out in the book series (see the sidebar for the Lost Children books...)