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Monday, November 25, 2013

Indian Children and Their Guardians ad Litem

Matthew's book

Fletcher & Fort: “Indian Children and Their Guardians ad Litem”


Kate Fort and I published a short paper for a Boston University Law Review mini-symposium on Adoptive Couple v. Baby Girl: “Indian Children and Their Guardians ad Litem.”

An excerpt:
One of the primary goals of the Indian Child Welfare Act (ICWA) is to limit the influence or bias of state workers in decisions placing American Indian children out of their home and community.1 While this focus usually concerns state social workers, the officials who most often seek removal of a child, or the courts, the body that issues the orders and opinions, guardians ad litem (GALs) receive less attention.2 Despite this lack of attention, GALs exert a similar level of influence as state social workers. In Adoptive Couple v. Baby Girl,3 the role of the GAL was unusual but critical – the GAL, while officially appointed by the court, was handpicked by the adoptive parents.4 The role of the GAL remains understudied in the ICWA literature, though GALs continue to exert enormous influence in the courts. Unfortunately, many GALs throughout the nation subvert the national policy embodied by the ICWA by advocating against the implementation of the statute in case after case.5
There are three other papers in the symposium:

Perspective I by Professor Barbara Ann Atwood is available here

Perspective II by Professor James G. Dwyer is available here, and

Perspective III by Professors Naomi Cahn and June Carbone is available here.

Saturday, November 23, 2013

#BabyVeronica: Cherokee Nation Files Forceful Response to Capobiancos' $1 Million Attorneys' Fees Suit

November is Adoption Awareness Month
11/23/13

On Friday the Cherokee Nation came out swinging in their response to the motion filed weeks ago in Nowata, Oklahoma county court in Adoptive Couple v. Baby Girl, in which Matt and Melanie Capobianco are seeking approximately $1 million in attorneys' fees and costs. Their recent filing in Oklahoma is the second jurisdiction in which they have sought compensation in the four-year custody battle that ended in September when Dusten Brown relinquished his biological daughter to the Capobiancos after losing at the United States Supreme Court in June. Immediately following the child's transfer in September, the couple filed similar litigation in South Carolina seeking roughly $500,000 in that state.

RELATED: Capobiancos Sue Dusten Brown for Nearly Half a Million in Fees
Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family

In its 50-page response, the tribe bluntly told Nowata County Judge Curtis DeLapp that it is not responsible for paying the fees and costs for the Capobiancos because of its Eleventh Amendment sovereign immunity from suits without its express consent. Additionally, the tribe said that the statute under which the couple is seeking compensation, the Uniform Child Custody and Jurisdiction Enforcement Act, is not applicable to the tribe.

"Clearly, these people are trying to throw spaghetti at the wall in whatever court they can find to see what's going to stick," said an Oklahoma lawyer who declined to be identified because of the sensitivity of the case. "But, several things immediately come to mind. First, the tribe is a sovereign nation and cannot be sued without its express consent - and to my knowledge the Cherokee Nation is not in the habit of waiving their immunity. Second, this is a domestic case, one in which both the Capobiancos and Dusten Brown were represented pro bono, which was widely understood by everyone on both sides. To come after the fact asking for fees that the adoptive couple would not have had to pay had they lost, it then becomes a 'contingency' case. Contingency fees are never awarded in domestic relations, so that's a null.

Read more at http://indiancountrytodaymedianetwork.com/2013/11/23/cherokee-nation-files-forceful-response-capobiancos-1-million-attorneys-fees-suit-152405

Friday, November 22, 2013

Indians still suffering ill-effects of adoption



“I am 72 years old. I was adopted into a white family at age one-and-a-half when my mother died. I realized I was different before I ever went to school. When I asked, my foster parents told me I was Indian, and from that day I identified with Indians, because that was what I was. I didn’t know who I was, and that heartache and anguish has been with me for nearly 70 years. I hope your study can help me find out who I am before I die. I don’t want to die not knowing my true identity. They sealed my birth certificate so I could never find my identity and never see my blood relatives. The pain of this is never ending.” – Participant in Split Feather Study by Carol Locust (Cherokee), 1998




By Trace A. DeMeyer

November may be the month to promote more adoptions, but for North American Indians, adoption is and was a weapon of mass destruction which came in the form of the Indian Adoption Projects (IAP), developed by the Bureau of Indian Affairs, a division of the federal government and the Child Welfare League of America.

The Indian Adoption Program was not a war, not a signed treaty, but their idea. This idea was highly effective since adopting out Indian children would be as destructive as war but it would last longer; it’d last a lifetime.  IAP was not officially signed like other treaties made in Indian Country.  IAP records were sealed and not made public. Adoptions would be permanent. Native children adopted by non-Indians parents would be Americans. Thousands of Indian children were placed in closed adoptions and wiped off tribal rolls. No one knows exactly how many children were affected.
A big black government sedan was reported in many abduction stories and it was not against the law or illegal.  Social workers took some children to residential boarding schools.  Others were placed in orphanages and foster homes, and others would be adopted.

William Byler testified before the Senate in 1974 to ask for what became the Indian Child Welfare Act of 1978.

Here is some of his testimony:

Senator ABOUREZK. Can you describe how removal of Indian children in adoption situation is accomplished?

Mr. BYLER. I can cite certain kinds of experiences that we have had. One case, not too long ago in North Dakota, Indian children were living with their grandparents. Their grandmother was off doing the shopping. The grandfather was 3 miles away with a bucket getting water. While they were away, the social worker happened by at that time and found the children scrapping. When grandfather returned, the children were gone, and I don't know whether, in that case, he was ever successful in finding where the children were. I think they were placed for adoption somewhere.  When that happens, Indian parents or grandparents are told this is confidential information. We cannot disclose to you where your children are. This makes is seem impossible for them to even try to do anything about it.

Senator ABOUREZK. You mean the children were taken from the home and the grandparents never were allowed to see them again or to try to fight the actions?

Mr. BYLER. That is correct, and as far as they knew, they never received any notice that there were proceedings against them or against the parents. This is very often the case, there is no notice given, or if notice is given, it is in such a form that the people who get the notice don't understand it; It does not constitute a real notice.

_______________________________________________________________________________________________

In the case of Adoption Awareness Month, those who interpret its value to society do so to protect and promote their myths, touting numerous benefits for the adoptee.  Indian adoptees are called the Stolen Generations and Lost Children for a reason.  It is undeniable our assimilation was America’s answer to Manifest Destiny, to make adoptees non-Indian and prototypes of American citizens, to destroy our future as tribal members.  

Very few tribes have found success with economic development such as casino gaming; most suffer devastating cycles of poverty, the result of America's neglect and misguided programs.  

After the wars, Indian reservations were isolated for a reason - out of sight, out of mind; this is one reason why Indian Country has such severe epidemics and no one in America seems to know.

After National Public Radio’s three part investigation, their evidence proves the Indian Child Welfare Act of 1978 is not working as it was intended and enacted! Social services in 32 states are violating federal law and still taking Indian children.

No, adoption in America is not something we celebrate in Indian Country.


Trace A. DeMeyer and Suzie Fedorko will be guests on Jay Winter Night Wolf show Friday, Nov. 22 at 1 PM EST - www.wpfw.org

Wednesday, November 20, 2013

There is not a day that goes by that I do not think of Ronnie Brown

This commentary from Haskell News from July is worth sharing. There is not a day that goes by that I do not think of Ronnie Brown. Not a day goes by that I don't imagine her confusion at her circumstances.  Not a day goes by that I don't think about other Native American parents who had their child (or children) ripped from them. We can see that we have not moved forward in our thinking but seem to headed backwards to those heinous days of Indian Child removals. Yes, the Indian Child Welfare Act didn't have enough teeth to stop the Capobiancos or their lawyers or the courts who threw Ronnie under the bus and removed her from her own father. This blog is about education and history. This blog is about CHANGE. I thank you all for reading... Trace

 None

The Indian Child Welfare act of 1978 was meant to stop what is now happening to Dusten and Veronica Brown.

The Veronica Brown custody case should make all Native Americans take a pause and wonder if The Indian Child Welfare Act is indeed worth it's weight in salt or is it slipping through the hands of the ones it is meant to protect: Native American children.

As with anything in the law it is only valid if it is being obeyed and understood and applied, it appears the courts are struggling with all of those issues. The Indian Child Welfare act of 1978 was meant to stop what is now happening to Dusten and Veronica (Ronnie) Brown.

In a nutshell Veronica is now living with her biological father, Dustin, and has been for almost two years now, she would have been living with him longer had the attorneys for the adoptive couple (Matt and Melanie Capobianco ) and Veronica's biological mother not lied about Dusten's personal information in order to keep the courts from knowing that Dusten and his daughter are both registered members of The Cherokee Nation in Tahlequah, OK.

The pre-adoptive couple Matt and Melanie Capobianco, a white couple who raised Veronica for 27 months before The South Carolina courts ruled in favor of Mr. Brown. The child, now nearly 4, has been living with Mr. Brown in Oklahoma for almost two years. The state courts found that both the Capobianco family and Mr. Brown had provided the girl with safe, loving homes.

The problem is that Veronica was returned to her biological father, yet, the Capobianco's who have not had Veronica in their custody for almost two years and are in no way related to her are still fighting to regain custody of her.

If The Indian Child Welfare Act is not going to protect this child and it appears it is not, one has to wonder if the Capobianco's really love Veronica , or are they just out to win a case that has went all the way up to the U.S. Supreme Court ? It seems that if they truly love her they would walk away and leave her with her biological family. There are many other children needing good adoptive homes probably some right there in South Carolina who are not Native American.

The long and short of this is NOW is the time for Native American tribes, parents and other supportive groups to stand up and say no more, no more will Native American child be lost in a system taken from their parents and given to white folks.

All tribes need to come together now and help Dusten Brown, by doing so they will be helping their own tribal children and The Indian Child Welfare Act of 1978 needs to become stronger and obeyed in every court room in this United States.

Keep up your fight Mr. Brown our prayers go with you. 
haskellnews commentary 7/31/2013
Source: http://www2.ljworld.com/weblogs/haskellnews/tags/matt-and-melanie-capobianco/

As my blogger friend Von wrote here: "Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so."

Tuesday, November 19, 2013

The Unfinished Dream


DaShanneStokes

DaShanne (pronounced Duh-Shane) was born in 1978, in Racine, WI, to a teenage mother and raised in Las Vegas, NV, without knowing he was adopted.

As a child, DaShanne was raised being told he had Lakota ancestry, and he began embracing his heritage as a source of strength and direction while still in grade school. Despite an upbringing marked by racism, poverty, abuse, trauma, and neglect, DaShanne flourished academically. He began writing at the age of eleven, was a delegate to Nevada Boys' State in 1995, became an Eagle Scout, and went on to study at Boston University in 1996.

As a student at Boston University, DaShanne faced being thrown out of his dorm for "smudging," the burning of a small amount of sage or sweetgrass that is a traditional part of many Native American spiritual practices. These experiences of institutionalized discrimination and attacks on his religious freedom prompted him to move to South Dakota to be closer to his Lakota culture.

For many years, DaShanne had no knowledge of the whereabouts of the man he was raised to believe was his biological father. In 1998, however, he managed to reconnect with his long-lost father in an attempt to become an enrolled member of his tribe. Shortly after their reunion, however, DaShanne discovered by accident that he was adopted -- and that his family, culture, and spirituality were not his.

This plunged DaShanne into a deep personal crisis, but after much soul-searching he discovered that his family, culture, and who he was had never changed. With this newfound direction, he founded and managed his own company, Indigenous Creations (2001-2003), before changing direction to pursue a career as a scholar and writer. As a graduate student, he also went on to found and direct Religious Freedom with Raptors (2005-2008), a political interest group dedicated to reforming the U.S. eagle feather law in order to protect individual and tribal rights to religious freedom.

DaShanne received his B.S. from the University of South Dakota in biology, a master's from Boston University in psychology, a second master's from Minnesota State University in sociology, and is now completing his doctorate in sociology at the University of Pittsburgh. He is also currently completing the final draft of Recomposition, his second book and memoir.

We're excited to announce the publication of his new book, The Unfinished Dream: A Discussion on Rights, Equality, and Inclusivity. 
You can get it for free at: http://bit.ly/1850buc
He is also writing a memoir!

RECOMPOSITION: A MEMOIR

Recomposition is a bittersweet recounting of a life transformed. It tells the story of how a young boy and his mother struggled to survive the exploits of his step-father  --  a man who taught the family about unity and responsibility through Kwanzaa, yet turned into a drug-abusing adulterer and stalker. It tells of overcoming discrimination, fighting for religious freedom, and finding love, laughs, and magic in the midst of death and disaster. And it follows the author's experiences with being caught between being Native American and white, only to accidentally discover that his family, culture, and religion weren't his. An unflinching story of survival and change, Recomposition is about learning that what makes us who we are is not what we think.
Find out more at his WEBSITE

DaShanne published an article entitled "Rights vs. Identity: Divisions Run Deep Over Hickory Ground" in Indian Country Today.

Monday, November 18, 2013

"Inversion" (please read my friend Daniel's blog)

What if I make every effort to help my child through their grief?


This is the 18th question in the series: “Anti-adoption month: 30 answers to 30 questions on adoption” [link].

The following reply was posted to a blog whose author doesn’t seem to mind the pain and loss adoption would bring to her adopted child as well as to her family:
I do want to be as prepared as possible to help my child grieve and empathize with his or her loss. I know that no matter how much we love our child he or she will still have an incredible loss. I know this. I understand this. I want to learn more about it so I can help. That is very clear from my blog. I have said nothing other than just that. so I don’t understand why someone would infer the total complete opposite.
Answer: The “inference” of the “total complete opposite” comes from the fact that your statement is what we call an “inversion”, a reversal of logic that is designed to be the “correct” response, to fall nicely on the ears, while continuing down and covering up the same destructive path that is represented by adoption. By this I mean to say that it becomes obvious at some point when someone has studied the “talking points” of a discussion and thinks they have come up with the “correct answer” that will allow them to do what it is that they want to do while simultaneously ignoring the basic gist of the argument, as well as the negative fallout thereof. If I realize the mistake I make in a logic problem after I am finished solving it, and correct it, this is very different from cheating before I begin working on it. A more honest approach would be that of horrifying web sites like this one: “Homestudy Boot Camp".
Anyone who is attuned to this as a tactic is thus left completely befuddled and nonplussed by the abject hypocrisy and double-dealing of such a statement, as in this reply, which is attempting to show some kind of empathy, but for pain that she is directly the cause of. It’s like a biologist feigning pity for the insects he skewers in a display case; it’s like the famous Walrus and Carpenter from Through the Looking-Glass and What Alice Found There, crying over the oysters they led out of their homes and plan to consume. These are the tears of a very dangerous crocodile; this is stacking the deck; this is gaming the system; this is an Orwellian inversion bordering on propaganda. There’s work for you in the Democratic Party if you should want it.

Read more here: http://danielibnzayd.wordpress.com/2013/11/18/what-if-i-make-every-effort-to-help-my-child-through-their-grief/


I can hear the Capobianco's saying this about Veronica Brown and her LOSS. They are the perfect example of this "inversion" thinking. This, readers of this blog, is what we are dealing with... As I have said before, once you SEE this, you can't UNSEE it... That is The Truth... Trace

Saturday, November 16, 2013

Parents for Ethical Adoption Reform statement on #BABY VERONICA

My thoughts? American society has been fed the brainwash that "adoptive parents" are always first and given top priority - that is the sales pitch and propaganda - no taking into consideration a child's life was just destroyed for her to be given to strangers.
Too many people are still under that spell.
I have no sympathy for the Capobiancos - I see how stupid they are. This whole story will kick into a new level when Veronica begins to exhibit symptoms of grief, loss, despair. It WILL happen.....Trace

 

PEAR Statement on "Baby Veronica" Case


Over the last four years, PEAR has been following the increasingly complicated custody case of “Baby Veronica.” As the story involved several states, the ICWA (Indian Child Welfare Act), a Supreme Court  ruling, numerous other court rulings, Nightlight Christian Adoptions, and often erroneous coverage in the media, we suggest you read the history of this saga at https://www.facebook.com/StandingOurGroundForVeronicaBrown, http://keepveronicahome.com/index.php/my-daddy, http://indiancountrytodaymedianetwork.com/story/baby-veronica, http://www.reformtalk.net/2012/01/06/adoptive-parent-entitlement-in-south-carolinacherokeeicwa-case-updated/, http://en.wikipedia.org/wiki/Adoptive_Couple_v._Baby_Girl, and, for the adoptee perspective http://www.latimes.com/local/lanow/la-me-ln-baby-veronica-adoptees-20130925,0,1433838.story for deep background. Many other bloggers, from the adoption community and the Native American community, have also spoken up.
We believe this is a case of wrongful adoption of Veronica Brown by Matt and Melanie Capobianco. To summarize briefly, Nightlight Christian Adoptions (NCA) allowed this “open” adoption to proceed without the consent of the biological father, Dusten Brown. Furthermore, someone – whether the biological mother, her attorney Raymond Godwin (who is married to NCA’s director), and/or NCA is unknown to us - apparently deliberately falsified paperwork prior to the birth, misspelling Dusten’s name and using an incorrect birth date so that his Cherokee tribe would not be notified, which is a requirement for a child with Native American heritage. Had the tribe been contacted, the adoption could not have taken place.
The Capobiancos were permitted to raise Veronica until she was two. At that point, the court in South Carolina ruled that Dusten had not knowingly given up his parental rights. Veronica was given to him, as she should have been as soon as the adoption was contested. Yet the Capobiancos refused to accept that decision. Over the last two years, the Capobiancos have been relentless in their pursuit of this child. They took this case public, exposing Veronica’s privacy in perpetuity and using Dr. Phil and adoptee-locator Troy Dunn as part of their PR machine to sway public opinion and the courts in their favor. They have had Dusten arrested and are now suing him for legal fees that were provided to them pro bono, travel fees to cover the media/publicity appearances they made (which are normally paid by the media, such as Dr. Phil).  
Not only have the Capobiancos done their utmost to procure this child through what we believe are fraudulent, deeply unethical means, but they, their adoption agency, and their lawyer have betrayed the basic concept of what adoption is meant to be: providing a family for a child who has none.   Fortunately, Veronica’s case has garnered so much attention that she will be able to realize how her father fought to keep her, despite the machinations of the Capobiancos and their team. (For details, go to http://www.reformtalk.net/2013/09/23/spotlight-on-south-carolina-adoptions-and-nightlight-christian-adoptions/).
We are extremely disheartened that the courts in this country have allowed this adoption to take place. Numerous adoption laws have been broken. South Carolina and Oklahoma do not have open adoption regulations that can be enforced. Given the animosity the Capobiancos have shown toward Dusten, we sincerely doubt they will allow Veronica’s father to be a regular presence in her life, or that they will be speaking of him and his extended family (as well as the Cherokee Nation) with the respect and love he deserves.  
We fear for Veronica’s mental and emotional health, as she has been removed from the home of her father, step-mother, step-sister, and many other relatives and friends, and taken thousands of miles away to live with a couple who has shown the utmost disdain for her family while claiming that their custody is in “her best interest.” 
Most important, however, is that this child has rights of her own. Veronica has the right to be raised by a competent, loving biological family. Prospective adoptive parents, their adoption agencies, and their adoption attorneys should not be allowed to trample on a biological father’s (or mother’s) rights. They should not be allowed to encourage biological mothers to deliver in a state (especially one with lenient adoption regulations) that is not their legal residence. They should not take their private situations public. They should pay utmost care when preparing paperwork that determines a child’s future. They should not feel justified, with an overwhelming sense of entitlement, to another person’s child.
The tragedy of this case highlights the inequity between determined adoptive parents and the rights of the adoptees and their biological families. 

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Friday, November 15, 2013

100 Voices for Veronica Brown




 

Facebook is buzzing with Baby Veronica (Ronnie Brown) updates and talking about her case as human trafficking. If you have a parent who wants to raise his child and an adoption agency who sells that same child and then wins in court and hands the child to strangers then we have sanctioned human trafficking in the US....Trace



Comment:
  • 100 Voices for Veronica Brown Thank You very much for that link, Tenja. I remember a social worker commenting on one of the pro-Veronica blogs, that when she was younger she was involved (I believe pre-ICWA) in placing a lot of Native children with white parents. I wish I could find that comment. She basically admitted that she thought at the time that she was “saving ” these children, but later a lot of them developed problems as teenagers and a lot of them committed suicide, while the kids who stayed with their biological families were much closer to the national norm for suicide. I don’t remember if it was the same person, or someone else, who mentioned that a big part of the problem was that the white families talked disrespectfully about the children’s native families. One look at the SAVE VERONICA ROSE (SVR) page and you can see we have the same problem in Veronica’s case. We need to spread this information. This could help prevent Desirai’s (and other children’s) placement outside the tribe, this could eventually help reunite Veronica with her family. I believe that it is far from over. If the tide of the public opinion turns within the next couple of months or years, and let’s say Godwin, and Nightlight and Nomura get exposed and imprisoned, Capobinacos will find themselves in a hot water. They “won” but they know that this might be a Pyrrhic victory.

Thursday, November 14, 2013

Tribe to argue sovereignty in legal-fee demands by Capobiancos lawyers #Baby Veronica



The Brown Family (archive photo)
TULSA, Okla. – The Cherokee Nation will argue that tribal sovereignty makes it immune from a request for $1 million in legal fees in a custody battle over a 4-year-old girl, according to a tribal assistant attorney general. Attorneys representing Matt and Melanie Capobianco of South Carolina filed the request in Oklahoma courts for legal fees in the custody dispute over 4-year-old Veronica. The Capobiancos have custody after Veronica’s biological father, Dusten Brown, dropped all legal proceedings. The request sought the fees from Brown and his tribe, the Cherokee Nation.

The moved shocked tribal officials, said CN Assistant Attorney General Chrissi Nimmo, who led the tribe’s effort to keep Veronica with her Cherokee family. “It seems to be a warning to fathers and to tribes,” Nimmo said. “‘Don’t fight for your children, or we will ruin you financially.’”

Veronica had been the subject of court battles since she was born to a non-Native mother, who put the girl up for adoption. The Capobiancos had been lined up to receive custody since 2009. In September, Brown handed Veronica over to the Capobiancos after the Oklahoma Supreme Court lifted an emergency stay keeping the girl in Oklahoma.

“We’re extremely disappointed,” Nimmo said. “We believed all parties when they said they would make an effort to move on and heal.”

But an attorney for the Capobiancos, Lori Alvino McGill, told the Tulsa World that the request for fees was appropriate. The legal team worked pro bono and didn’t charge the Capobiancos for their services, she said. “Attorneys are entitled to get their fees and expenses associated with successfully enforcing a custody order,” she said. “So the Capobiancos’ attorneys can seek their fees/expenses associated with having to chase Brown around to enforce the South Carolina orders.”

The Browns have not commented on the request for fees.

http://www.cherokeephoenix.org/Article/Index/7774

See earlier post for lawyers fees breakdown a few days ago...Trace

Wednesday, November 13, 2013

Taskforce on Violence Against American Indian Children to Hold First Public Hearing In North Dakota

Archive Photo
Release here.
The advisory committee will convene four public hearings across the country beginning in Bismarck, N.D., Dec. 9, focusing on violence in children’s homes, schools and communities in Indian country.  Associate Attorney General Tony West will join the task force at the first hearing in Bismarck.  The other hearings will be held in Phoenix, Ariz., Fort Lauderdale, Fla. and Anchorage, Alaska early in 2014.

To say this is long overdue would be an under-statement...Trace

Tuesday, November 12, 2013

AdoptFilm: The Right to Know

November is Adoption "Beware" Awareness Month and I wanted to share this post by Lori Lavender Luz. Her blog: http://lavenderluz.com/2013/11/the-opening-of-adoption-the-early-years.html
Here

I was delighted that Peach brought this film to my attention: The Right to Know: America’s Adoption Crisis.

 

Award-winning documentary about the search and reunion experiences of adoptees and birthparents. Hosted by Michael Reagan, adopted son of Ronald Reagan, the video features interviews with experts in the field who discuss the history of closed adoptions. Adoptees, birth parents and adoptive parents share their experiences of search and reunion. Produced and Directed by Michael Branton and Elizabeth Snider (1990).

Lori posted her thoughts... Check out her blog....Trace

Friday, November 8, 2013

Facebook discussing Dusten Brown, Jessica Munday #BABY VERONICA

ON FACEBOOK:
Tara Servatius Full Text:
 
Yesterday on WTMA I questioned how the Capobiancos could tell Dr. Phil last week that Veronica's biological family would be involved in her life -- and then this week attempt to ruin her biological father, Dusten Brown financially by allowing their attorneys to sue him and the Cherokee Nation for $1 million. The suit cannot go forward without the Capobiancos giving attorneys who worked for them PRO BONO the right to sue, which it appears they are doing out of spite. Is this in Veronica's best interest? 
Here's the response I got from the Capobianco's spokesperson Jessica Munday: "Veronica is doing wonderfully and the attorneys have every right to sue the Cherokee Nation. Come on Tara. You know that Brown isn't going to have to pay a dime. She is home where she should be and her teen years will be far from hell. The fact of the matter is that Veronica's birth father should have never taken her in the first place. The US Supreme Court confirmed our belief that this was wrong. More than 30 attorneys DONATED their time for nearly two years (think about that and let is sink in for a moment). This was and always has been about a birth mother that was abandoned, chose life for her child and gave her a better life than she could provide and a set of parents that did what any parents would do to reunite with their daughter. As a mother and woman, you should be appalled. A state court erroneously allowed her birth father to rip her from her family and keep her isolated from them and her birth mother for more than 20 months. This adoption occurred solely because he unequivocally rejected his parental rights. Perhaps you are unaware that he testified that he was more than happy to relinquish his parental rights so long as Veronica’s birth mother assumed full responsibility for Veronica. In other words, he made it clear that Veronica was not his problem, at least when it came to parental responsibilities. The blatant lawlessness by the birth father and his Tribe created an enormously dangerous situation for an innocent child whom the birth father and Tribe sequestered on tribal lands away from her only parents. Thankfully, with support from many incredible people, intelligent and dedicated people, we were able to bring Veronica back home where she belongs."
 

Thursday, November 7, 2013

The Fight For Native Families #FAULTLINES Documentary #NAAM2016


Anger turned inside:  The Fight For Native Families

By Trace Hentz (formerly DeMeyer)

I am 57 years on the long road as an adoptee warrior.

In the past year, my adoption wariness rose to a whole new level with the Baby Veronica and Dusten Brown story. When asked how this tragedy affected me, I’d say, “I am Ronnie Brown 50+ years later. My dad would have raised me too.” I hurt to think about Ronnie. The adoption industry had won again.

It brought up memories of my own loss, isolation, grief, disappointment, what I call “anger turned inside,” and how it tore me to shreds.  With the very real long-term effects of assimilation by closed adoption, I’d spent more of my life as a stranger to my own relatives. Hopefully, Ronnie Brown won’t have this problem to endure.

My own recovery started when I read my adoption file in 1979 and saw my name Laura Jean Thrall. I was 22 and didn’t quite know what to do with this information. I’d hoped someone was looking for me (sadly no one was.)  I didn’t get depressed or feel suicidal, but apparently many adoptees do hurt themselves and suffer more than the world realizes. I pretty much faced everything head-on, like a car crash.

After reunion with my birthfather in 1994, my story became more about finding history. What is known today about the Indian Adoption Projects and the aftermath of ARENA, few people even know it happened...but right here in America, Native children were taken and given to white people and missionaries and boarding schools for a reason. Every Indian reservation has this story. Thousands and thousands of Indian children disappeared. Their reason:  kill the Indian to save the Man, eradicate our sovereignty to take more land.

Adoption was used a weapon against American Indians and First Nations. Tribal children were sold into adoption, molded into American proto-types, tribal membership erased.  In some states, it’s still happening in 2013.

For the Lost Children of Indian Adoption Projects, blood is never erased by adoption. But with sealed adoption records, it’s nearly made impossible to reunite.

In the words of a Cree elder, “You must know where you came from yesterday, know where you are today, if you’re to know where you’re going tomorrow.” True. I’ve lived it.

November happens to be Adoption Awareness Month. Fault Lines on Al Jazeera America has a new documentary "THE FIGHT FOR NATIVE FAMILIES" to air on Friday, Nov 8th, 9:30pm ET and 12:30am ET and 7pm ET on Sun Nov. 9th.  The Series website with channel info: http://america.aljazeera.com/watch/shows/fault-lines.html

They’ll share my anthology TWO WORLDS on their website.

UPDATE: http://america.aljazeera.com/watch/shows/fault-lines/FaultLinesBlog/2013/11/8/the-fight-for-nativefamiliesbackgroundreading.html


Trace DeMeyer is the author of One Small Sacrifice and the co-editor of Two Worlds: Lost Children of the Indian Adoption Projects. She is working on a new anthology of Native adoptee narratives, CALLED HOME.

Wednesday, November 6, 2013

Capobianco's suing for $1 million

Capobiancos suing Baby Veronica's biological father Dusten Brown, Cherokee Nation for $1M in fees

 Posted: 11/05/2013

NOWATA COUNTY, Okla. - The adoptive parents of "Baby Veronica," who had been at the center of a four-year custody feud are suing the Cherokee Nation and the girl's biological father to the tune of $1 million, court documents show.
The documents, filed Friday in Nowata County district court, show Matt and Melanie Capobianco racked up more than 2,000 Oklahoma attorney hours during their fight with Dusten Brown for Veronica, now 4.
Now, the South Carolina couple is looking to recoup the $1,028,796 in fees and $6,535.27 in costs they say Brown, a Cherokee, and the Cherokee Nation, who battled for Veronica to stay with Brown in Nowata, owe them.
The lawsuit cites the 1998 passing of Oklahoma's Uniform Child Custody Jurisdiction and Enforcement Act, which states the court shall award "the prevailing party" reasonable expenses made during proceedings provided the award would be "clearly appropriate."
The Cherokee Nation opted not to comment on the motion.


This is exactly what THE LAWYERS want - to create FEAR and to show us how powerful the billion dollar adoption industry really truly is... This is disgusting and extortion... Trace

Academics FINALLY writing about Native Adoptees!

Prof. Karen Tani Writes About “Remembering the ‘Forgotten Child’” in Light of Adoptive Couple at Jotwell

Here.
These revelations are sure to disturb any reader, but the point of Jacobs’s important article is not to expose adoption proponents as disingenuous or malevolent. It is to place an ongoing phenomenon—Indian children’s disproportionately high rate of separation from their families—in proper historical context. (P. 154.) “It is no coincidence,” Jacobs writes, “that the IAP arose during the era in which the federal government promoted termination [of tribal nations’ special status] and relocation policies for American Indians.” (P. 152.) Adoptions enabled the federal government to terminate its responsibilities, child by child, by shifting them to “the ultimate ‘private’ sector.” (P.154.) By extension, Jacobs argues, adoptive families also advanced the government’s long-term “effort[] to eliminate Indianness.” (P. 154.) This, Jacobs demonstrates, was the backdrop for the ICWA. When tribal leaders and advocacy organizations convinced Congress to enact the new law, it was a small victory in a long war. And when plaintiffs invoke the ICWA today, they raise a hard-won shield.
We agree that Margaret D. Jacobs “Remembering the ‘Forgotten Child’: The American Indian Child Welfare Crisis of the 1960s and 1970s” 37 American Indian Quarterly 136 (2013) is an excellent and important article.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From Trace:

Trace's well-worn copy of Jacob's Book
I read Jacob's article and I agree - it's fantastic!
When I was a speaker at the Western New England Law School last month, Laura Briggs, author of Somebody's Child, the Politics of Transracial and Transnational Adoption, told me that Margaret Jacobs is writing a new book, a follow-up to White Mother to A Dark Race (photo at right).
It occurs to me and to many other adoptees that HISTORIC CHANGE is on the wind - finally. Academia is studying our history. When academics like Briggs and Jacobs are writing the history about tribal adoptions and ICWA, courts and others in academia will read up and pay attention. Indian Country needs this to happen.
So far I have 33 contributors to the new Native adoptee anthology CALLED HOME: Lost Children of the Indian Adoption Projects, my third book on this history. Since we adoptees are living the story, we are telling it our way. I understand a Missouri graduate program in sociology is using my memoir One Small Sacrifice as a teaching tool.
Change comes in small tiny steps. We are finally seeing it happen.
As I have said on this blog: THE ONLY WAY WE CAN CHANGE HISTORY IS TO WRITE IT OURSELVES. And the truth shall FINALLY set us free....

Thank you so much for reading this blog. I thank you with all my heart!

Tuesday, November 5, 2013

Fake identity?


Adoptee Daniel Ibn Zayd chose to answer 30 questions...

The follow question originally appeared on Yahoo!Answers1:
Why would someone think that Adoption erases a child's identity and replaces it with a fake one?

Answer: First, we need to define our terms: what do we mean by "identity"? Adoption laws, courts, agencies, and most any and all other agents involved in adoption have a clear interest in rupturing all ties of a child with its progenitors and community, and replacing them with others, as defined by the legal system that they control on all levels. To do this, myths have been built up concerning adoption that, when challenged, place those in power, those in control of the situation—including parents—in a moral dilemma: Even if they agree with what is being said—theoretically, morally, ethically—the circumstances of their lives, the weight of their laws, the preponderance of notions of property in their legal system, as well as the sheer desire to make it so, all result in questions such as this one being asked, as well as in the way the question is framed. In purely legal terms, due to the fact that for the majority of states in the U.S. a child's birth certificate is sealed by the courts, or that for most of us adopted overseas our birth documentation is completely falsified—an avalanche of bogus paperwork in order to shuttle us out of the country—then yes, I think it is fair to say that an adopted child's identity, as defined in this legalistic manner, is not his or her real or true identity.

Second, what strikes me particularly strange about having growing up in the United States is the attention given to all aspects of, say, the immigrant experience, and genealogy, and "roots", and ethnicity, such that everyone gets a "hyphen" attached to their country of origin—Polish-American, Italian-American, and in my case, Lebanese-American—except for the true-blue Americans, who are simply "all-American". Given this pride taken in ethnicity, and the obvious hierarchy it establishes in terms of racism, xenophobia, and the like, how is it possible to claim some kind of ethnicity—or other marker of identity—for any child who has not grown up in his or her culture? Eating falafel does not make me "Lebanese", and I still do not claim to be Lebanese now that I'm living here. Why allow such pretension in the States? So in this case as well, I think that my American identity was not "true"—it was instead a series of masks, of affectations—both in terms of my adoptive family, and in terms of my birth country.

Third, and as an elaboration of this, I would admit to having an identity, that is made aware to me when I am around people from where I grew up—our speech patterns, our cultural references, our way of seeing things—all are reflective of a time in U.S. history when individual and local areas all had their own manners and mores, quirks, and culture. This of course has now been paved over, suburbanized, and WalMartized. This truly local culture has been replaced by a strange globalized and globalizing hodgepodge of references to superficial trappings of ethnic "style", such that a child's identity is not formed in a local town, say, but from a Mountain Dew commercial instead. Perhaps this is what is meant by "identity" in this question?

Fourth and finally, I think there is a hypocrisy within the American view of itself in terms of adoption, in the sense that society and culture in general make reference to blood lines, ancestry, familial ties, and the "nurture" aspect of family relationships, such that we have no problem saying, "he's a chip off the old block" or else, "she takes after her grandmother on her mother's side", or "he's the spitting image of his father." Why should it be, then, that all of a sudden the adopted child is supposed to believe that in his or her case, this doesn't matter? That there is no nature, only nurture? How is it not possible to understand that each and every one of these references might seem slight in and of their own selves, but in the aggregate, they are like being bled to death from a million tiny cuts?

The problem here is much deeper than portrayed, because it isn't a bunch of so-called anti-adoption activists that have made suicide the number one cause of death for adopted Korean males in certain adoptive countries, for example. It isn't "bad answers" on this bulletin board that have driven hundreds if not thousands of adopted children from Korea, Taiwan, Lebanon, etc., in progressive waves of generations of dispossessed children who vainly attempt to reverse their exodus and return to their lands of birth, in a useless but necessary attempt to re-establish some vague sense of what we currently refer to as "identity". In 10, 15, and 20 years, it will be the turn of Ukraine, and Russia, and Guatemala, and Ethiopia, and Kenya, and Kazakhstan, and and and...., until such a day, God willing, that the injustice of adoption, and thus this destruction of identity, can be definitively stopped, once and for all.

And so you can challenge this "revolt", with a kind of haughtiness that I'm sure is not normally of you, and thereby risk alienating your adopted child, or you can make the huge leap necessary in your worldview in order to attempt to finally understand, instead of simply imposing on him or her, and by extension, on all of us, these myths that we simply wish to point out as being such; in an effort to clear the air; to breathe. To start a process of healing. To know who we are.

References:
Cold War Orientalism2, by Christina Klein.
Race, Nation, Class3, by Etienne Balibar and Immanuel Wallerstein.
The Karma of Brown Folk4, by Vijay Prashad.
National Identity5, by Anthony D. Smith.
More books6 on the subject...

Debate Tactic: There are two sides to this debate. The first is about "claiming" identity; the second is about "assigning" identity. Both are fraught with peril, because the proud claiming of the first maps too well onto the pejorative assigning of the second. By this I mean to say that my "pride" is someone else's "epithet", or tool of destruction. Like much that is currently taken for granted within an acculturation of individualization, the fact is that "identity" is not a function of an individual, but of a community and a society. The first step to break out of this debate is to drive it away from its usual reductiveness. To do so, we need to consider what the prevailing formative norms of language and culture are, and where they come from. So even when I claim to be a "Jersey boy", I need to really say "North Jersey", and then "suburban" (as opposed to rural or urban), etc. To resist along these lines requires us to question any effort to define and delimit us. Checkboxes on government forms, placement in certain lines at the border screening within an airport, replacing an entire culture with a discussion of certain foodstuffs: We must challenge a reductive idea of what identity is. Adoption, in and of itself, is designed to destroy identity. But too often the stunted and crippled shoot that comes from such a pile of rubble is, itself, a Frankensteinian construct. Ironically, it is perhaps in not claiming an identity that we find ourselves.

1 http://answers.yahoo.com/question/index;_ylt=ApRgTyl6Xek.VS0AyBJJX5vty6IX;_ylv=3?qid=20090831231050AANGvaW
2 http://www.ucpress.edu/book.php?isbn=9780520232303
3 http://www.versobooks.com/books/510-race-nation-class
4 http://www.upress.umn.edu/book-division/books/the-karma-of-brown-folk
5 http://www.unpress.nevada.edu/Search/Title/national/Titles/National%20Identity;1545?1
6 http://www.inquisitor.com/pcgi-bin/media.cgi?NA=Media&AC=List&SC=All&DI=Books&SU=culture&SO=sort_date

Beirut Diary Online (Formerly New York Diary Online) [Writing, photography, and artwork] Copyright © 1995-2013 Daniel Ibn Zayd [or as otherwise noted], all rights reserved.

Monday, November 4, 2013

Enough is Enough: Indian Status, Amend Indian Act



I just signed the petition "Canadian Government: Remove all of the sex discrimination in the Indian status registration provisions of the Indian Act - Enough is Enough" on Change.org.

No More Failed Remedial Legislations to the Status Provisions of The Indian Act


Section 15 of The Canadian Charter of Rights and Freedoms states all Canadians have the right to live free from sexual and racial discrimination, yet Canada refuses to remove the sex discrimination in the Indian status registration provisions of The Indian Act.  Despite the long-time efforts of Indigenous women such as Mary Two-Axe Early, Jeannette Corbiere-Lavell, Yvonne Bernard, and Sandra Lovelace sex discrimination continues.
While The Indian Act was amended in 1985 to eliminate the sex discrimination against women who married non-Indian men, Canada took advantage of this remedial process creating the second-generation cut-off rule, and through applying this rule in a detrimental way to the descendants of Indian women as compared to the descendants of Indian men.  In this way Canada manipulated the remedial process.
Sharon McIvor furthered the effort, where in 2011 The Indian Act was once again amended.  Despite her 25 year effort Canada again manipulated the remedial process where as such many issues remain.  For example, the grandchildren of Indian women once enfranchised, and born prior to September 4, 1951 continue to be denied.
Further, many are unaware of the matter or unknown and unstated paternity (also unreported, unnamed, unacknowledged, unestablished, and unrecognized paternity).
Prior to the 1985 amendment to The Indian Act provisions protected mothers and their children whose father’s signature was not ascribed to the birth certificate − meaning the child was the same as their Indian mother, a status Indian.  Through the 1985 remedial process Canada removed these provisions creating yet another new form of sex discrimination.  Today Canada assumes all unknown fathers are non-Indian and this negatively affects the child’s treaty rights such as housing, health care, and education.  This policy remains in situations of sexual violence such as rape, gang rape, incest, prostitution, and sexual slavery.  Lynn Gehl v. Attorney General addresses this sex discrimination and it will be heard in court in May 2014.
Please sign this petition in support of the call for Canada to end the manipulative practice of using the remedial process of eliminating the sex discrimination in the Indian status registration provisions of The Indian Act as an opportunity to create new forms of sex discrimination in law, policy, and practice.
To learn more see: www.lynngehl.com


It's important. Will you sign it too? Here's the link:

http://www.change.org/en-CA/petitions/canadian-government-remove-all-of-the-sex-discrimination-in-the-indian-status-registration-provisions-of-the-indian-act-enough-is-enough?share_id=qjxmNzzdps&utm_campaign=signature_receipt&utm_medium=email&utm_source=share_petition

Thanks!

Trace

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