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Monday, September 28, 2015

Leland Kirk Morrill testimony at BIA hearing in Portland



Leland has provided links since we can't upload to this blog because of file size.

Here is the video of Leland's presentation at the BIA Hearing in Portland, Oregon:


NICWA's Sandy White Hawk's Adult Adoptee evening gathering: me, and my biological Aunt Olivia and my biological cousin Merle:

https://drive.google.com/file/d/0B8z6oR56NbpDamkyVk9KZDRkdGM/view?usp=sharing

UPDATE: Filmed by Drew Nicholas Blood Memory Project
http://www.bloodmemorydoc.com an upcoming project through Drew and Sandy Whitehawk

Saturday, September 26, 2015

Omaha Tribe of Nebraska plans Native foster care system to preserve culture


MACY, Neb. | The Omaha Tribe of Nebraska is in the early stages of planning a local Native American foster care system, a move its leader says will help preserve tribal culture for future generations.

Earlier this month, the U.S. Department of Health and Human Services awarded the tribe a $300,000 grant to create an independent tribal-run family services program for enrolled Omaha members.
“We know what’s best for our children and our youth,” Omaha Tribal Council Chairman Vernon Miller said Thursday. “The federal government recognizes that.”

The system would allow the Omaha Tribe to make better use of the Indian Child Welfare Act, which was passed in 1978 to focus placement of Native foster children in Native homes rather than with non-Native families. Currently, the Omaha Tribe places foster children through the Nebraska Department of Health and Human Services.

“It’s going to allow for our children to remain with our families and culture as they transition into youth and adulthood,” Miller said of the planned program.

Miller added a tribal system would strengthen ICWA applications on the Omaha Reservation, meaning the tribe would have more power to keep its children with Omaha Tribe families. He also said the system would help leaders identify children who are eligible for Omaha Tribe membership and enroll them.

Nebraska's Native foster-child population of 5 percent remained disproportionately high in 2014 when compared with the state's total Native child population of 2 percent, said Linda Cox, a research analyst with the Nebraska Foster Care Review Office.

According to the office, 155 -- or 5 percent -- of 3,029 foster children were identified as Native in 2014. The previous year, 261 of 3,892 -- or 7 percent – were Native.

ICWA was created to allow tribes to intervene with the judicial system to prevent family breakups and calls for child placement preference to be with people of their town tribe.

Denny Smith, director of Native American Studies at the University of Nebraska at Omaha, said some Native children are removed from their families because of poor living conditions. Smith is an enrolled member of the Assiniboine Tribe, with headquarters on the Fort Peck Reservation in northeastern Montana.

“There were heartbreaking cases all over the country, and I don’t think there was any way to avoid that,” he said. “I think (ICWA) worked out well that everybody has been responsible on both sides.”
Frank LaMere, executive director of Four Directions Community Center in Sioux City, applauded the Omaha Tribe’s stride toward establishing a local foster care system.

“I am very pleased and encouraged by tribal initiatives to keep Native children with Native families,” he said. “We are very gratified by the Omaha efforts and those of the other tribes.”
LaMere added some Natives in state foster care systems can grow up knowing very little about their heritage. He said some have come to him for information about their ancestry.

“Several times a year, in Sioux City, we have adults who were adopted and will come to us trying to find their way back to their culture,” he said. “If they can find their way home, I am pleased.”
Smith said loss of Native culture is a large concern for many tribes.

“The issue was that the children, with all good intentions, were taken out of Native families and generally given to non-Native families,” Smith said. “(ICWA) was a move to save the next generation of culture. If you lost one generation of culture, your hopes of surviving the culture would be very limited.”

Friday, September 25, 2015

Tribal Child Welfare Codes







Additional Findings from NNI/NICWA on Tribal Child Welfare Codes

 

Researchers reviewed 107 publicly available, tribal child welfare codes for U.S.-based tribes with populations ranging from 50 to 18,000 citizens. Researchers sought out the most up-to-date tribal child welfare codes available for each tribe, reporting that approximately 45% of the 107 codes were amended after 2000. The research team analyzed over 100 variables on the topics of culture, jurisdiction, tribal-state relationships, child abuse reporting, paternity, foster care, termination of parental rights, and adoption. A more detailed report on this study will be released later this fall. For more information about this project and its findings please contact the Native Nations Institute: Mary Beth Jäger (Citizen Potawatomi) jager@email.arizona.edu.
Cool poster here. First cool poster here. 

CHEROKEE WORD FOR WATER

It takes a warrior like Wilma to make HUGE change. I met her once...Trace

Thursday, September 17, 2015

SOLITARY: An Observation from Within by Lakota adoptee Jesse Neubert

By Trace Hentz  (Third Mom)

The following essay was written by my nephew Jesse Fasthorse Neubert. I've adopted him into my family. He first wrote to me when my article "Generation after Generation We are Coming Home" was published in 2005 about adoptees called Lost Birds.  Since then we have been in constant contact by phone and letter. Jesse calls me his "third Mom" and I am proud of that.  Jesse is incarcerated in Arizona, found guilty of armed robbery when he belonged to a gang.  He is an adoptee like me. He's Lakota (Cheyenne River) and Dakota (Rosebud). He's a good writer and contributed to the two anthologies Two Worlds and Called Home (excerpt.)

Until August Jesse was held in solitary confinement.  He ate two meals a day, not three. He was very underweight. He was not allowed outside for sunlight and fresh air. I asked him to write about it so all of us would know what it feels like...  His words: An Observation from Within was written on Feb. 24, 2015.

“The use of solitary confinement contributes to untreated serious mental illness and high rates of suicide.”

By Jessup Fasthorse Neubert

“The degree of civilization in a society can be judged by entering its prisons.” -Dostoyevsky
I know why the caged man screams.

So that you may also come to know why he screams, take a few moments and imagine a windowless concrete room about the size of an average household bathroom. Like any other bathroom, this room has a sink and a toilet. However, in place of a bathtub or shower, there is instead a small bed and perhaps a tiny desk bolted to one of the walls. All of the walls are blank and gray and there is no mirror. The only view beyond this room is through slits or perforations in a steel door that faces nothing but another gray stark wall in an empty corridor. An oppressive white light constantly emanates from a ceiling fixture that can’t be controlled. It dims only slightly for a few hours each night. Natural sunlight or fresh air will never reach into this room. For all intents and purposes this room is nothing more than a box, a human cage. Can you imagine a room like this?

Now for a few moments longer, can you imagine being indefinitely confined to this room for months or even years on end? Imagine only being allowed out of this room of yours maybe three times each week for a limited recreation period and a brief shower. Basically only 8-10 hours of the 168 hours in each week might be spent beyond your room. Even your two daily meals will always be eaten alone at your tiny desk. An abrupt search of your room, a medical appointment or an emergency, or a two-hour visit from your loved ones once a week (typically separated by plexi-glass) might be the only other reasons that you will temporarily escape your soul-stifling room for the foreseeable future. Your desire and need to attend church or school won’t even be reason enough to leave your room since such services will almost entirely be denied to you during your confinement here. Essentially the vast majority of your daily existence has been reduced to this one room - this cage - of yours - for years, possibly decades to come. Imagine that for just a moment longer.
Imagine how being caged alone like this, for any prolonged amount of time might affect you? Could this perpetual mental, physical and spiritual separation make you scream too?
If you can imagine these dehumanizing conditions, then now you have an idea of what solitary confinement in prison is like - and now you know why a caged man screams out from within in such a place. Regrettably, solitary confinement is not some imaginary place, it’s real for those who have languished there before, or currently still are. For them solitary confinement isn’t something abstract or easily ignored - it is a suffocating reality that exists, albeit hidden, deep within the walls of variously-named isolation or control units throughout this nation’s prison system.

I am one of those unfortunate enough to know the reality of solitary confinement. Since July 2009, I’ve been indefinitely locked-down under such conditions here in Arizona’s Special Management Units (S.M.U.). (First at Eyman and now at Lewis). Whether known as an S.M.U., S.H.U., Ad.Seg. or by any other Max-Custody designation - these dark prisons within a prison all share similar or parallel details as the one I described for you.

Some may find themselves trapped in these modern dungeons for clear and easily articulated reasons - such as having committed a serious disciplinary infraction; while others may find themselves in here for less valid or speculative reasons - such as being classified as “a potential threat to security” based on groundless conjecture. Either way, both rationales will often perpetuate a prolonged or indefinite term of confinement to these units. With no serious disciplinary convictions since 2009, I remain caged in here according to the latter reasoning (speculation) by the prison administration.
During my time in this place I’ve experienced how mind-numbing and soul-wrenching it can be. I’ve observed the many forms of deterioration and madness that this place can drive men into, after years without meaningful social interaction or human contact. I’ve seen men, with and without documented Mental Health issues, decline and fall into pieces. It’s often discomforting to hear an otherwise rational man begin to mutter or talk to himself - but the screams of a man who has gone completely stir-crazy or insane in the SMU are always the most jarring. Worse still is when a man can no longer cope with this harsh reality and attempts suicide - sometimes even succeeding. Maybe the sorrow of losing a loved one while in here was too much to bear, or maybe he just could no longer endure the forced solitude - and so, feeling anguished and forsaken, he sought some desperately needed attention or an immediate end to his caged misery.
Sadly I’ve observed enough tragedy in here to know that most of it must be ascribed to solitary confinement itself. These tragedies are ongoing testament to the detrimental effects that this place will have on those subjected to these conditions. Although this crushing depravation won’t necessarily break everyone who enters it - none will emerge from it completely unaffected or unscathed. A dysfunctional behavior, a personality disorder, or a mental illness may develop or become exacerbated after years of isolation and being treated like a caged animal.
If prison is a microcosm of the problems with our society - a reflection of our degree of civilization - then the institution of solitary confinement should remind us of our most poignant failures. When institutions fail us, we as a civilized society have a moral obligation to abolish or reform those institutions. Experience compels me to argue for the former in regard to solving the problem posed by solitary confinement. We must stop living in a state of denial or ignorance about its existence, widespread use and the nature of solitary confinement. We must dispel our collective apathy or complacency towards this uncomfortable reality and instead confront this dilemma in order to address it. This is because a neglected problem will never just disappear or spontaneously solve itself - in fact, it will usually only worsen when ignored. Hence, we can no longer morally or fiscally afford the high cost of ignoring the discrepancies between the ideals we espouse and the actual practices we exhibit when it comes to the conditions in our prison systems. We must recognize that no good will ever come from the inhumane treatment of any member of our society.
For although we prisoners are currently the pariahs of society - most of us, including myself in 2016, will eventually reenter society for better or for worse.
Solitary confinement ensures the likelihood that a man will exit prison worse than when he went in because being caged alone hinders rehabilitation. As a society that claims to be civilized with a high standard of moral decency, we must then be guided by the moral discipline expressed by Goethe:
“Treat a man as he is and he will remain as is. Treat a man as he can and should be and he will become as he can and should be.”
Let’s finally put an end to solitary confinement. We need to imagine a better way.
Jessup is incarcerated in the Arizona State Prison Complex-Lewis in Arizona until 2016.  Please write him: Jesse F. Neubert, #186050, ASPC LEWIS, Buckley Unit, PO Box 3400, Buckeye, AZ 85326. He is now in general population and continuing his college degree.

Jesse and his sister Tashea were adopted together
Jesse and his sister Tashea were adopted together (All six children were adopted by Mormons)


MUST READ:
AEON / Twilight in the Box by Shruti Ravindran
“In 2005, there were an estimated 81,600 prisoners in solitary in the US; this month’s Senate Subcommittee Hearing puts the numbers at about the same. That’s 3.6 per cent of the 2.2 million presently incarcerated, many of whom, like King, were put in there for random acts of non-violent rule-breaking. Some, like him, shuttle in and out of solitary; others remain locked up for decades. Prison authorities in every state are running a massive uncontrolled experiment on all of them. And every day, the products of these trials trickle out on to the streets, with their prospects of rehabilitation professionally, socially, even physiologically diminished.”

Jesse wrote in great detail about his adoption experience and being raised by Mormons in my book Two Worlds [read more https://larahentz.wordpress.com/2012/11/18/ebook-two-worlds/.] And he also contributed to the new anthology CALLED HOME (available on Amazon.)

Tuesday, September 15, 2015

The Living Doll: Dedicated to #BabyVeronica Brown

"Neither Here Nor There...": The Living Doll: Dedicated to Veronica: Reposting today in honor of Veronica Brown's birthday...

Any society that legally sanctions an unregulated profit-driven adoption industry over a child's best interest is sick and inhumane.  

Friday, September 11, 2015

Sicangu Adoptees Welcomed Home


Sicangu Adoptees Welcomed Home from PlainDEPTH Consulting on Vimeo.

The Rosebud Sioux Tribe welcomes home former adopted and foster children at its 2015 annual powwow, in partnership with Tiwahe Glu Kini Pi & First Nations Repatriation Institute.

Historic 2nd ever welcoming home gathering by the Rosebud tribe! Other ceremonies have been held but this is a tribe holding this ceremony for its lost birds. The White Earth tribe were the first....Trace

Tuesday, August 25, 2015

Leland Morrill on ICWA lawsuits

From Turtle Talk: 

Doe v. Pruitt, Another (Fourth) Federal ICWA Case Filed (N.D. Okla)

My biological father and I meeting for the first time...My biological father and I meeting for the first time...

Turtle Talk Link:
https://turtletalk.wordpress.com/2015/08/24/doe-v-pruitt-another-fourth-federal-icwa-case-filed-in-northern-district-of-oklahoma/

NOTE: "Here is the complaint", click on the COMPLAINT to download the PDF file for the 20-page complaint to read in full.

Doe v. Pruitt, Another (Fourth) Federal ICWA Case Filed (N.D. Okla)

"Doe Pruitt Complaint" Cae 4:15-cv-00471-JED-FHM Document 2 Filed in USDC ND/OK on 8/19/15


This appears to be a lawsuit against the ICWA (Indian Child Welfare Act of 1978) where the opposition has found two enrolled Cherokee Nation Citizens who are urban and assimilated like the United States has wanted to happen, a biological mother ("Jane Doe" Cherokee) and pre-adoptive father ("Richard Roe" Cherokee) and they are using the Urban Natives to "divide and conquer" the ICWA in Oklahoma using these 18 year old, barely adult biological parents for their agenda and using a newly born infant ("Baby Doe" born July 2015) for this case.

This is a case where they claim it is an voluntary adoption for from the biological parents ( barely 18) to pre-adoptive parents and the Cherokee Nation should not have any say or notice regarding this, one of their citizens. This would bypass the childs biological famnily or any other member of the Cherokee nation or any other indian famnily from adopting this child. Keep in mind the Cherokee Nation is a Sovereign Nation within a nation and should have priority because this infant is born from a citizen of their nation.

Where it gets sticky is this involves both a State in American (Oklahoma) and a Sovereign Nation, Cherokee Nation. In 1994 Oklahoma Legislature expanded their Oklahoma ICWA:

"B. Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated." (10 Okla. Stat. §40.3)


And:
In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child, and to the appropriate Bureau of Indian Affairs area office, by certified mail… (10 Okla. Stat. §40.4)

So in Oklahoma the State ICWA law includes VOLUNTARY ADOPTIONS of NATIVE CHILDREN CITIZENS of NATIVE AMERICAN (INDIAN) TRIBES)

27. The 1994 amendments to OICWA also amended §40.6 which now states:

The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements. In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or b) any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act. This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title.2 If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality,  provided that notice of such hearing shall be given to the consenting parent. 

So Jane and John Doe (annonymous biological parents where Jane Doe is a CITIZEN of the CHEROKEE NATION and a "resident" of the US State OKLAHOMA) their infant born July 2015 is still covered under the Oklahoma ICWA Law for PUBLIC and PRIVATE ADOPTIONS of NATIVE AMERICAN CHILDREN.

I think this case is interesting because we know in the Baby Veronica Case the attorneys "misrepresented" the spelling of Dusten Brown's name even though Christy Maldanado (Baby Veronica/RONNIE BROWN's hispanic bio-mother) knew Dusten Brown for several years and would know how to spell his name but also because it states on page 8:

"Jane Doe did not learn that she was a member of the Cherokee Nation until approximately May 20, 2015 when she discussed the matter with her estranged Father"

The above wording: "estranged Father" and "did not learn that she was a member of the Cherokee Nation until approximately May 20, 2015" seem suspect in this "complaint".

I also find it interesting that at 18 years of age (page 10) "Jane and John Doe are well aware of their rights under ICWA and OICWA. However, they believe they are making the best decision about Baby Doe's care, custody, control, and future upbringing and they do not want the Cherokee Nation to interfere with the plans they have carefully made"

I also find it suspect this 18 year old couple was coached into (page 11) "42.  As Indian parents, Jane and John Doe are aware of their right to revoke their consent at any time until the adoption is final. If the tribe attempts to interfere with their private placement adoption, and it becomes apparent that Richard and Mary Roe will not be permitted to adopt Baby Doe, Jane and John Doe will revoke the consents already given and will not give consent to anyone else for Baby Doe's adoption."

It goes on and on and on...please read the case number. If you followed the Baby Veronica Case you will understand how the wording of this "complaint" could be suspect/coaching of the 18-year-old non-married couple.

These cases are hard to read and you might have to read several times to understand ( I do at least ) and then you can form your own opinion.

PLEASE SHARE the case widely.

AND MY UPDATE!

Also coming up I will be writing about meeting my biological father on August 4th who looked for me for 46 years after he came back from the Vietnam War to find his family was gone...Can any of you parents image, especially Vets who have been to war and seen families killed, murdered, caught in crossfire, again imagine coming back from war  like from Iraq or Afganistan and finding your children are gone and the mother of your child dead...and you are suffering from PTSD and everything else that comes with serving in wartime.... ??

...that story will be coming up as soon as I can write it effectively...

Thanks,
NOW GO READ THE CASE!!

Lele

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