BLOGGER changed, not allowing us to UPDATE this back-up blog

(UPDATED 726/2025) issues with blogger are preventing this

Wednesday, March 13, 2019

High levels of perceived Poverty justifies removal of American Indian children (again?) #PovertyPorn

ARCHIVE PHOTO

How does measuring poverty and welfare affect American Indian children? (aka #povertyporn)



For one group of children in particular, American Indians and Alaska Natives, exceedingly high poverty rates have had profound impacts on community wellbeing and long-term cohesiveness. Given the best available data, from the U.S. Census data, child poverty rates among American Indians and Alaska Natives have consistently exceeded 40% for almost the past 30 years.*

However, a recent National Academics of Sciences (NAS) report affirms what many in these communities have long known—that the data on poverty are sparse and not as reliable for this group as it is for other groups or communities in the U.S.:

“Small sample sizes in population surveys have made it particularly difficult to reliably measure poverty rates among American Indian and Alaska Native children. Moreover, we know little about the effectiveness of a number of important programs and policies – whether provided by the tribes, by the states, or by the federal government – that affect this population.”

As a result, it is quite difficult to accurately track the impact that various programs have had on child poverty over time or how applicable standard assessments of what poverty looks like actually are to American Indian communities.
Are conditions as bad as indicated by the official poverty rates shown above? (see website)

Historically, high levels of perceived poverty have been used to justify the removal of American Indian children from their households by state foster care systems. As recently as the 1970s, state welfare agents were removing almost one third of all American Indian children from their households and placing them in state foster or adoptive care systems. (Mannes, 1995)

One of the aims of the Indian Child Welfare Act (ICWA) of 1978 was to stop the removal of American Indian children from their households due to poverty. A number of studies had confirmed that social workers were removing American Indian children from households not due to maltreatment or being orphaned but simply due to the perceived poverty status of the household (see MacEachron, Ann E., and Nora Gustavsson, 2005). The ICWA legislation was intended to improve tribal control over the determination and placement of American Indian children within the foster care system.

Congress reaffirmed tribal government authority and oversight of the placement of its own citizens – its children. Tribal courts were delegated the authority and jurisdiction over the placement of its own citizens (and those eligible for tribal citizenship enrollment) in foster or adoptive homes.



For instance, Chris Newell (Passamaquoddy; Director of Education; Akomawt Educational Initiative) describes a fundamental misunderstanding of the concept of family and neglect in his Passamaquoddy community in Maine:

“In Maine, parents would often leave their children with their grandparents or other extended family members when they would leave for seasonal work elsewhere. To the state, however, this constitutes neglect and could qualify a child for removal. In reality, our children’s needs were commonly met by extended family and community beyond the nuclear family.”

Mr. Newell served as a senior advisor on a recent documentary film called “Dawnland,” which exposes the impact of such practices on American Indian children and their parents decades later in the state of Maine. The film depicts the long-term trauma and damage that resulted from the removal of children from their families; it also shows the damage to the children caused by their removal from their kinship network and cultural connections.
Individuals with little exposure to or experience with American Indian communities would have little to no knowledge of these forms of social safety nets.
Assessing economic conditions may also be quite difficult for individuals who are unfamiliar with American Indian communities and practices. There are important culturally-specific safety nets that exist in many American Indian communities; most of which would be unknown to outsiders. Individuals with little exposure to or experience with American Indian communities would have little to no knowledge of these forms of social safety nets.

The recent NAS report indicates that even standard measures of poverty are difficult to measure for the American Indian population. However, neither the Official Poverty Measure (OPM) nor the Supplemental Poverty Measure (SPM), which includes taxes and federal government in-kind transfers, account for community or kinship in-kind transfers or from tribal governments. In certain American Indian communities, for instance, hunting, trapping, fishing and other subsistence activities are important parts of the economic and social interactions of community members. These activities do not show up directly as cash income nor are they identified as federal government in-kind transfers. As a result, the OPM and SPM measures may not accurately depict the general welfare of American Indian families or children. In fact, they may understate the resources in some families and whole communities.

While this does not dismiss the fact that child poverty is probably still too high in many American Indian reservations, it does indicate that there may be other activities or practices that exist in non-market (even non-governmental) forms to assist families. Subsistence activities and the sharing of resources is difficult to document with administrative records or tax returns; nevertheless, these safety nets have played an important role in these communities for hundreds if not thousands of years. Individuals with little exposure to or experience with American Indian communities would have little to no knowledge of these forms of social safety nets.

Challenges to ICWA often focus on an erroneous assumption that these policies are race-based.
However, providing tribal government jurisdiction and authority over its own citizens’ welfare is based on American Indian tribal sovereignty- not race. Tribal citizenship enrollment and eligibility is based on tribal government rules which are often specific to a particular tribe and may require showing direct lineal descent from certain enrolled ancestors; there may be other additional conditions for tribal citizenship such as a minimum blood quantum, residency requirement or demonstrated relationship with the community. In the current court case, Brackeen v. Zinke, where oral arguments are scheduled to begin in the Fifth Circuit court this week, the same arguments have been made. ICWA has played an important role in stopping the seizure of American Indian children from their communities. Misunderstanding of how American Indian communities care for their own children and the inability to assess non-monetary well-being of American Indian communities should not play a role in the removal of children from their homes. ICWA plays a critical role in safeguarding these children and maintaining the local and tribal authority for placing American Indian children in foster or adoptive care. Let’s not go backwards.

Sources:
“7 Other Policy and Program Approaches to Child Poverty Reduction.” National Academies of Sciences, Engineering, and Medicine. 2019. A Roadmap to Reducing Child Poverty. Washington, DC: The National Academies Press. Page XXX. doi: 10.17226/25246
Mannes, M. (1995). Factors and events leading to the passage of the Indian Child Welfare Act. Child Welfare, 74(1), 264–282.
National Academies of Sciences, Engineering, and Medicine. 2019. A Roadmap to Reducing Child Poverty. Washington, DC: The National Academies Press. “7 Other Policy and Program Approaches to Child Poverty Reduction.” Page 203. doi: 10.17226/25246.
MacEachron, A. E., Gustavsson, N. S., Cross, S., & Lewis, A. (1996). The effectiveness of the Indian Child Welfare Act of 1978. The Social Service Review, 70(3), 451–463.

Author

Randall Akee

David M. Rubenstein Fellow - Economic Studies, Center on Children and Families, Future of the Middle Class Initiative




*
Editor Note: The government takes the land AND causes the poverty, then they want more LAND and take the children to achieve this goal. The genocide cycle never ends...  That is the sport of colonization and empire. Trace

Tuesday, March 12, 2019

#ProudtoProtectICWA






The Indian Child Welfare Act (ICWA) is a long-standing federal law protecting the well-being of Native children by upholding family integrity and stability within their community; and the “gold standard” in child welfare policy.
October 2018, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas ruled that ICWA was unconstitutional in its entirety based on the Equal Protection Clause and the 14th Amendment. January 2019 in defense of ICWA an impressive array of state and national organizations joined in support of Tribal nations and representatives headed by Casey Family Programs and joined by CWLA and other organizations. On Wednesday, March 13 the Fifth Circuit Court of Appeals will be hearing oral arguments for the appeal of Brackeen v. Bernhardt (previously known as Brackeen v. Zinke).
The National Indian Child Welfare Association (NICWA) is hosting a Twitter chat on Wednesday, March 13, 2019 at 12pm ET to educate people about ICWA, discuss why the law is important today, hear the Native youth perspective, and encourage people to get involved in standing up for ICWA. Simply tag, follow, retweet, and join the virtual conversation through the designated hashtag—#ProudtoProtectICWA.

The business of Indian adoption

Archive: Terry Cross
Adoption of native children broke families apart while others profitted

Char-Koosta News

PABLO– Sandra White Hawk (Sicangu Lakota) said she was 18-months-old when she recalled being taken in a red pickup truck. “I remembered sitting between these two strangers,” she said. “I didn’t know where I was going. I had an outer body experience from the trauma of it all and I remember watching myself drive down the dirt road with these people.”

The strangers were White Hawk’s adoptive parents and they were a white missionary couple originally from Illinois. White Hawk said she suffered abuse during her upbringing in their home. “It was difficult being the only Native person in town and there was racism,” she said. “My adoptive mother suffered from mental illness and I was subjected to abuse.”

White Hawk said she was placed in the foster care system through a referral made by a Catholic church that operated on the Rosebud Reservation in South Dakota. “Churches received federal funding for referring Native children into the foster care system on my reservation,” she said. “The truth is this is a business and it’s tearing many Native people from their homes.”

White Hawk collaborated with filmmakers Drew Nicholas and Megan Whitmer to document her experience as a foster care survivor in the film “Blood Memory,” which was screened at Salish Kootenai College. “I’m thankful that this story could be shared,” White Hawk said. “There are many survivors out there without a voice.”

The film investigates the epidemic of Native American children being taken from their homes since the Indian Civilization Act (1819), which resulted in over 60,000 Native American children being forced to attend government funded boarding schools throughout the country. Whitmer said she was horrified reading through old accounts from boarding school staff. “They discussed the money they were receiving from the government,” she said. “They talked about how the schools were cheaper than what it would cost to kill the Native people but this was a business since early on.”

The business of adoption and child welfare in America is a $16 billion industry, according to 2018 reports from the business market research firm IBIS World. Nicholas has been working on the project since 2010 and said it was a learning experience. “It was eye-opening for me to learn that adoption isn’t just this beautiful thing, we’re seeing that it can be really terrible too,” he said. “It’s a huge industry and historically Native communities have been the most vulnerable.”

The film highlights the “Indian Adoption Era,” which was a federal program conducted between 1958 through 1967, which resulted in 35 percent of all Native American children being forcibly removed from their homes and adopted into white families. “There is this white superiority complex that says that we as Native people can’t take care of ourselves and that mentality has been very destructive,” White Hawk said.

Thanks to the testimony of Native American mothers who went before Congress, the Indian Child Welfare Act was passed in 1978. The legislation is now considered the “gold standard” in adoption practices and governs legislation over Native American children. “It took 20 years for this epidemic of Native children being placed in the foster care system to be addressed by the federal government,” Nicholas said. “The women who went before Congress truly were heroic.”

Since ICWA passed, Native American children are still overrepresented in the foster care system. The National Indian Child Welfare Association (NICWA) reports that rates of Native American children in the foster care system are 2.7 times greater than the general population in 2017 and 40 percent of the cases are placed by tribal authorities. In Montana, Native American children account for 30 percent of the state’s out of home care cases.

White Hawk works with fellow Native American survivors of the foster care system. “Blood Memory” is currently being screened across the country and was an official selection for the 2019 Big Sky Documentary Film Festival.

For more information on the film, visit: www.bloodmemorydoc.com

Sunday, March 10, 2019

Pala Tribe to protect Children in California's Welfare System

October 16, 2015 | (more tribes need to take this action in 2019)

PALA, CA – The Pala Band of Mission Indians is the first tribe in California to receive clearance to conduct LiveScan background checks for tribal foster homes under new State law (Senate Bill 1460). 
The tribe is also the first to apply to the Bureau of Indian Affairs' Office of Justice Services (BIA-OJS) program,  Purpose Code X, to assist tribal services agencies within federally recognized tribes that are seeking to place children in safe homes during an emergency situation, when parents are unable to provide for their welfare.                                                                                                                                                       
"We are very excited to be a part of this momentous change to protect our Native youth in the welfare system," said Robert Smith, Chairman of the Pala Band of Mission Indians. "For years, Native American children have been placed in homes that do not reflect their cultural heritage and placed with foster parents who have not had their criminal history thoroughly vetted because the tribe was not allowed to conduct these background checks. Now we can certify tribal homes that are prepared to care for these children in a timely manner and ensure that Native American children are maturing in an appropriate environment."

The Purpose Code X program provides BIA Office of Justice Services with the ability to provide tribal social service agency partners with much-needed information to help make sure children requiring emergency placement will be placed in safe homes. The program arose out of a 2014 working group formed by the Department of Justice (DOJ) and the Interior (DOI) to identify sustainable solutions addressing the civil needs of the tribes. Under this program, BIA dispatch centers will be available to provide 24-hour access to criminal history records, so name-based checks can be done immediately.

With the changes made in California law, tribes are now able to receive criminal history and child abuse information from the California DOJ and be involved in the approval of tribal foster homes. The law also provides for the transfer of Native American children case records from a county to tribal government. Under new standards for foster homes, the tribe will be provided with a federal criminal offender check of all adults residing in a family home, as a condition for approval.

"It has been an honor to be part of the work behind SB 1460 and to see the positive impact it has made for Pala and the other California Tribes," said Season Brown, Director of Social Services of Pala Band of Mission Indians. "I'm very excited for Pala to begin the new venture of piloting Purpose Code X and being able to reduce the trauma experienced by our Native children, which is often associated with being placed outside of their Tribal community in Non-Native homes."

Purpose Code X and California State law are now working cohesively to ensure that tribes are able to effectively serve and protect their communities by ensuring the exchange of critical data.

California State Attorney General Kamala D. Harris has made it a priority to protect the rights of children and focus the attention and resources of law enforcement and policymakers in safeguarding every child so that they can meet their full potential. These measures will ensure that laws and regulations enacted to protect children, inclusive of Indian welfare children, are consistently and effectively enforced.

The Pala Band of Mission Indians is a federally recognized tribe whose reservation is located along the Palomar Mountain range approximately 30 miles northeast of San Diego. The majority of the over 900 tribal members live on the 12,000-acre reservation, established for Cupeño and Luiseño Indians, who consider themselves to be one proud people - Pala. WIKI


====================
TRIBAL HISTORY

TRAIL OF TEARS

Background:

President Rutherford Hayes, prompted by the Supreme Court holding, declared the Indians "trespassers" and ordered the tribe relocated to Pala, California, just beyond the Palomar Mountains where a 10,000-acre reservation had been established. Pala was a Luiseno reservation then, not Cupa.
This act marked the first time in U.S. history that two distinct Indian tribes were herded together in one reservation. This was a blemish upon a nation that prided itself on leading the world into the 20th Century and the cultural and political renaissance that accompanied such a transition.

On the morning of May 12, 1903, Indian Bureau agent James Jenkins arrived with 44 armed teamsters to carry out the eviction. Rosinda Nolasquez — the last survivor of the expulsion — later testified that "Many carts stood there by the doors. People came from La Mesa, from Santa Ysabel, from Wilakal, from San Ignacio to see their relatives. They cried a lot. And they just threw our belongings, our clothes, into carts."

The 40-mile journey from Cupa to Pala took three days. The Cupeños call it their "Trail of Tears."
WEBSITE 

Our friend, the late Karen Vigneault, was a tribal member at Pala and a tribal historian and MLIS librarian. Many adoptees credit her for their reunions in the book series LOST CHILDREN.

Saturday, March 9, 2019

ICWA on Native America Calling

 
Autumn Adams spent a good portion of her life in foster care. She says the Indian Child Welfare Act saved her life because she was able to stay in her tribal community. ICWA is called the 'gold standard' of child welfare policy. The 40-year-old law is under fire through a number of court cases, including a recent federal court ruling out of Texas that deemed the law unconstitutional. We'll hear from individuals who have been affected by ICWA. 
 
Native America Calling is a national call-in program that invites guests and listeners to join a dialogue about current events, music, arts, entertainment and culture.

The program is hosted by Tara Gatewood (Isleta Pueblo) and airs live each weekday from 1-2 pm Eastern.

Join the conversation by calling 1-800-996-2848. 

Monday, March 4, 2019

I am living proof that it’s best to keep Native children with their tribal communities



Strong relationships with family and culture should be a priority for Native foster youth.


(excerpt) No placement may be perfect when you are a foster youth. I can speak from personal experience.
I have been in and out of the foster system with my younger siblings since I was 9. Amid so many unknowns, one thing remains certain: I am grateful I was placed within my tribal community....

I am now raising my younger siblings, getting a degree in anthropology at Central Washington University and applying to law school. I wouldn’t be able to say that I’m graduating in June without the strength of my culture and the support from my family. In five years, I hope to be surviving law school while raising a teenage girl, my youngest sibling.

Losing our culture is not an option for us.

We go to longhouse when we can; we feast and perform traditional funerals for departed loved ones. My siblings know this history. They know these protocols and they know how to complete them in the traditional way. They know their identity. We are all stronger for this connection to our people.

It is imperative that the appeals court keeps ICWA intact, because it has allowed me to build the strong foundation to the person I am today.

READ: I am living proof that it’s best to keep Native children with their tribal communities | The Seattle Times

Saturday, March 2, 2019

Another Judge, another ICWA violation in Brackeen v. Bernhardt

Judge: State deference to U.S. law in Native American adoptions is unconstitutional

M


A Tarrant County judge on Friday ruled that the state’s requirement for family law judges to apply the federal Indian Child Welfare Act to child custody cases is unconstitutional.

Tarrant County state district judge Alex Kim issued the ruling in response to the adoption of an 8-month-old Native American girl into a non-Native American family.

Chad and Jennifer Brackeen had been seeking to adopt their second Native American child but ran into problems in the court with a portion of the Texas Family Code, which requires that family law judges apply the Indian Child Welfare Act to child custody cases involving Native American children.

State law says judges should should defer to the federal act, which says that placement of Native American children must go first to the child’s extended family, then to other members of the child’s tribe or other Native American families.

Kim said in his decision that the federal law is not applicable in the Brackeens’ case because it is unconstitutional.

On Friday, Texas Attorney General Ken Paxton lauded the ruling.

Paxton’s office in October 2017 filed a federal lawsuit alongside the Brackeens, challenging the constitutionality of the Indian Child Welfare Act is it applies to child custody cases, saying that it places race-based restrictions on the adoption of Native American children and does not consider the best interests of the child.

A U.S. district court the following year ruled the law as applied was unconstitutional. That decision is currently being challenged in the federal 5th Circuit Court of Appeals.

Friday, March 1, 2019

15 years later, how much changed #ICWA Brackeen v. Bernhardt

UPDATE
15 years already? How I changed...but has adoption perception changed?
By Trace Hentz, ADOPTEE ACTIVIST


If  you had asked me in 2004 or 2014 what I had planned for myself, I would have not said “writing” about adoption, child trafficking, Indian Adoption Programs/Projects, the 60s Scoop, Stolen Generations and Cultural Genocide research.


As an adoptee, I'd attended the first Wiping the Tears ceremony in Wisconsin and met the organizers Sandy White Hawk (an adoptee) and elder Chris Leith.  Then my world changed.
I'd learn more hidden history. 

How adoption affected me: I'd never told my story of opening my adoption while I lived it. A few friends knew details but not all of it. I got the idea for a book when I wrote an article in 2005 about stolen generations of North American Indian children placed for adoption with non-Indian parents. That article, "Generation after Generation, We are Coming Home" was published in Talking Stick magazine in New York City and then in News from Indian Country in Wisconsin. It took me down a path I never expected.

I'd find new information, new history, meet new adoptees, and grow more concerned.*

It's true many bloggers hoped we made a strong and lasting impression, to impact and end the propaganda since the early 2000s. I am not sure we can actually gauge or measure how world views of adoption have changed. (If books on Amazon are an indication, memoirs by adoptees are now climbing the ranks over all the propaganda books about how to buy/adopt a baby.)

It's also true some blogger friends stopped blogging on adoption out of pure exhaustion!


SUPPLY AND DEMAND

If the statistics on adoption are any indication, the number of babies adopted by Americans are dropping each and every year.  There is definitely a BIG demand for infants (primarily because of infertility) but there remains a short supply of newborns/babies to adopt.  (I do think the adoption traffickers are constantly reinventing new ways to grab a fresh supply of infants.

What new poor countries or communities they will invade as this demand increases?! Read THIS) On this website we published stories ( Adoption Reality: Adoptee returned to Russia #NAAM (and) Adoption Reality: Guatemala #NAAM) and (Trafficking) on many countries who became the suppliers and traffickers of newborns and children. Child exploitation, labor bondage, organ trafficking and illegal adoption is also an ongoing problem that award winning Moroccan medical doctor in pediatrics and UN expert Dr. Najat Maalla M’jid says is not decreasing.

Indian Country has lived through this over a century with forced assimilation, child snatching and disappearing children. The government's motive: take more LAND (or what is on or under the land). Targeting children, the future of Indian Country, was obvious.

White people believe they deserve the right to adopt without considering the best needs of the Native child who is sovereign and future of their tribal nation.

On January 16, 2019, 325 tribal nations, 57 Native organizations, 21 states, 31 child welfare organizations, Indian and constitutional law scholars, and seven members of Congress joined the United States and four intervenor tribes in filing briefs to urge the United States Court of Appeals for the Fifth Circuit to uphold the Indian Child Welfare Act (ICWA), the long-standing federal law protecting the well-being of Native children by upholding family integrity and stability.

THEY WILL STOP THE MADNESS - They know the HISTORY!


The Goldwater Institute, a libertarian think tank, litigation organization and veteran opponent of ICWA, joined the Brackeen lawsuit in 2018 to challenge the federal law ICWA.  (Use the search bar on this website and use keyword: Goldwater.)   Brackeen v. Bernhardt is a lawsuit brought by Texas, Indiana, Louisiana, and individual plaintiffs, who allege ICWA—a federal statute that has been in effect for more than 40 years and has helped thousands of Native children maintain ties to their families and their tribes—is unconstitutional.
  
With this action: Such groups have attempted to capitalize on misinformation and stereotypes as a way to undermine ICWA.

FEDERAL LAW:

ICWA only applies to citizens of federally recognized tribes. Indeed, the statute has no application unless an “Indian child” is at issue, and “Indian child” is defined as “Any unmarried person under the age of 18 and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.“ The act is directly and inextricably linked to citizenship in a sovereign nation.

*A couple night ago I wrote several pages of notes of what I would say to the Brackeens about this Navajo child they wish to adopt and how their legal actions seek to undermine his sovereignty and the future of ICWA. (I will publish these thoughts soon.)



PROBLEMS ADOPTING

What I’d hoped would change is the overall perception of closed adoptions, how it’s not as great for adoptees as most people were made to believe.  PAPS (potential adoptive parents) (the Saviors and Do-Gooders) have the common "saving the child mentality" which the billion dollar adoption industry banks on... The adoption industry still prefers newborns, hoping the younger the child is, a baby will bond better with the strangers who adopt them. (Again, that is a proven fallacy. No matter the age, adoptees will have issues: such as severe narcissist injury or post-traumatic stress disorder. There is new science called birth psychology so I read studies about adoptees in treatment for identity issues, reactive attachment disorder (RAD), depression and suicidal thoughts.)


The idea of an OPEN ADOPTION was a strong indication that times and opinions were changing but already…they are failing too. Some children have been re-homed or un-adopted in what they call Failed Adoption.

This is a quote I saved about open adoption:
…ignored by the adoption agencies is the reality of “open adoption.” Only 22 of fifty states in America recognize open adoption agreements, but failure of the adoptive parents to comply with the agreement is not legally enforceable by the surrendering mother.

Broken Adoptions: When Parents "Re-Home" Adopted Children ...

As countries such as Guatemala and China close their international adoption programs or implement strict new rules, the pool of adoptable babies has shrunk dramatically in recent years, leading to a rise in more challenging types of adoption of older or disabled children that are more likely to end in dissolution.


HOW ADOPTION REALLY WORKS

A quote by adoptee-author-blogger Elle Cuardaigh:

And adoption certainly is “worked.” When supply of newborns decreased in the 1970s, the adoption industry had to put a new spin on relinquishment  to stay in business. Since women could not be so easily shamed by single motherhood, they changed tactics. Potential suppliers (pregnant women) are now encouraged to “make an adoption plan.” She reads the “Dear Birthmother” letters and interviews hopeful adoptive parents. She is provided with medical care and possibly even housing.  She is promised this is her choice, and that she can have ongoing contact with her child in an open adoption. It would seem she has all the power, but she is being systematically conditioned to accept her role, her place. She doesn’t want to hurt the baby’s “real parents,” feels indebted to them, emotionally invested. She is soon convinced they are better than she is. She becomes “their birthmother.” It almost guarantees relinquishment.  

Visit: http://ellecuardaigh.com

Adoption is still in the headlines but not nearly as often...


This website AMERICAN INDIAN ADOPTEES has reached over 900,000 hits/reads! If that is any indication, history is changing.  We thank you readers. It's worked!


So what will the next 10 years be like? Sign up for future posts via email and find out.

(How I Changed, Part 8 was the final installment in 2014) 

Friday, February 22, 2019

Brackeen v. Bernhardt | National Native Organizations Respond

National Native Organizations Respond to Reply Briefs in Brackeen v. Bernhardt

Portland, Oregon

In reply briefs filed Tuesday with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, the United States and defendant tribal nations reaffirm the constitutionality of the Indian Child Welfare Act (ICWA).
The briefs also underscore why ICWA’s protections continue to be vital for Native children and families.
For over 40 years, ICWA has acknowledged the inherent right of tribal governments and the critical role they play to protect their member children and maintain the stability of families.
Brackeen v. Bernhardt is the lawsuit brought by Texas, Indiana, Louisiana, and individual plaintiffs, who allege ICWA—a federal statute that has been in effect for more than 40 years and has helped thousands of Native children maintain ties to their families and their tribes—is unconstitutional.
It is the first time that a state has sued the federal government over ICWA’s constitutionality. 
The lawsuit names various federal agencies and officials as defendants, and five tribal nations (Cherokee Nation, Morongo Band of Mission Indians, Navajo Nation, Oneida Nation, and Quinault Indian Nation) also have intervened as defendants. In addition, amicus briefs in support of ICWA were filed on behalf of 325 tribal nations, 21 states, several members of Congress, and dozens of Native organizations, child welfare organizations, and other allies.

The U.S. Constitution specifically gives Congress the power to legislate for the benefit of Native people and tribal nations. ICWA falls within that constitutional authority because it applies only to children who are either citizens (referred to as “members” in ICWA) of a federally recognized tribe, or who are both eligible for citizenship and the biological child of a tribal citizen parent. In addition, Congress has enacted laws concerning Native children from the earliest days of the United States government. ICWA provides a productive framework for states and tribal nations to partner in protecting the health and well-being of Native children.

There is a long history of Native children being removed from their families and communities without sufficient reason and often with little consideration of the rights of either the Native children or their families.

Before ICWA was enacted in 1978, as many as one out of every three Native children was removed from their home. ICWA has helped to reduce these alarming removal rates and helped more Native families stay together.  Child welfare research clearly shows that children are best served by preserving connections with their birth family and community.

Child welfare experts across the country are working together with tribes, states, and allies to continue implementing and protecting ICWA as the “gold standard” in child welfare law and ensuring Native children and families receive the services they deserve.


Striking down ICWA would not only be wrong as a matter of law; it also would have devastating real-world effects by harming Native children and undermining the ability of child welfare agencies and courts to serve their best interest.

Evidence shows that ICWA’s framework achieves better outcomes for children. National Native organizations stand with tribal nations and non-tribal ICWA allies to take action to protect ICWA and end the unnecessary removal of Native children from their families, tribes, and communities.

A copy of the reply brief of the Federal Defendants can be found here, a copy of the reply brief of the Intervening Tribes (Cherokee/Morongo/Oneida/Quinault) can be found here, a copy of the reply brief of the Navajo Nation can be found here.

A Court Battle Over a Dallas Toddler Could Decide the Future of Native American Law #ICWA



The federal lawsuit challenges a 1978 law that sought to reckon with America’s history of discriminating against Native Americans. Does it hold up 40 years later?

The Brackeens decided to fight the court’s ruling, which would send A.L.M. to an unrelated Navajo family (his biological mother is a member of the Navajo Nation) in New Mexico whom he had met once. They printed out the eight-page law and pored over it. They heard, on a foster-care podcast, about a lawyer who specialized in ICWA. After connecting with him, they soon had a powerful legal team comprising family attorneys and high-profile lawyers from a national firm. While Chad and Jennifer made their case in state court for adopting A.L.M., their lawyers sued the U.S. Department of the Interior’s Bureau of Indian Affairs.

ICWA is one of the only parts of the foster-care system that actually works, argues Kathryn Fort, a Michigan State law professor and one of the nation’s foremost ICWA experts. Fort is one of the lawyers representing the tribes in the Brackeen case. “ICWA is trying to get better outcomes for a small group of children in a system that has just horrific outcomes,” she told me. White social workers often approach her at conferences to complain about the law in a way that plays on antiquated stereotypes about Native people. “I've had many social workers ask me about why we let ‘these people’ play their Indian card at the last minute,” she said. Fort is white; they assume, she said, that she’ll be on their side.

READ: The Indian Child Welfare Act's Uncertain Future - The Atlantic

Case by case, Goldwater is attempting to undo federal law.

Wednesday, February 13, 2019

Daughter of a Lost Bird

Daughter of a Lost Bird Trailer from Daughter of a Lost Bird on Vimeo.

Daughter of a Lost Bird

What does blood have to do with identity? Kendra Mylnechuk, an adult Native adoptee, born in 1980 at the cusp of the enactment of the Indian Child Welfare Act, is on a journey to reconnect with her birth family and discover her Lummi heritage.

The film pays particular attention with regard to our diverse heritage as a nation founded on a multitude of Native nations, and specifically delves into the traditions and culture of the Lummi people.  It also examines the current conditions of Lummi and American Indian people today and the Diaspora formed by the adopted community. Most significantly, the film aims to bring about cross-cultural awareness for those families that adopt across cultural lines, to become more tolerant and understanding of the potential problems that arise from cultural assimilation.


More about the Film: Missoulian News Article 

POLSON – It’s a big leap, going from producing a 15-minute short film to making a feature-length one.
But a woman who spent her childhood on the Flathead Indian Reservation started on a path last week that could help her make the jump.
Brooke Swaney is in New Mexico over Memorial Day weekend for the first of a two-stage development program sponsored by Robert Redford’s Sundance Institute. She’s one of four fellows and projects chosen for Sundance’s 2012 NativeLab Fellowship, which provides continuous and direct support to Native American, Native Hawaiian and Alaskan Native filmmakers.
She took her script, with the working title “Circle,” with her.
It’s a major expansion on the 15-minute short she made for her thesis as a graduate student at New York University’s Film School, called “OK Breathe Auralee.”
“Circle” is about the same young Native American woman “who was adopted away from her community,” Swaney told “On Native Ground,” “and her wanting to reconnect with her roots – kind of through a roundabout way of really wanting to have a baby.”
Swaney wrote the feature-length script at the home of her mother, Ellen, who lives near Polson on Flathead Lake. Ellen says it weaves the four directions and four elements – air, earth, water and fire – so important in Native traditions into the story.
“Originally I wanted four different characters in four different parts of the United States,” Swaney says, “but after making the ‘Auralee’ short I realized her story is so big, I have to just tell her story.”
It’s an adoption story that eventually leads Auralee from her home in New York City back to the place – a Montana Indian reservation – where she was born, but never knew.
Getting such a project by an aspiring young filmmaker off the ground, that’s the challenge.
The Sundance fellowship is a big step.
 

Friday, February 8, 2019

Twins get 'mystifying' DNA ancestry test results | FamilyTreeDNA works with FBI



Note from Trace:
This video was the best I could find regarding the insanity and lies in TV commercials you see every day about DNA testing.


I have told many adoptees I do not trust or recommend DNA tests - I do not trust these companies.
When I found my birthfather, we did a DNA test together and back then it was $500... that was in 1994. The test came back Earl was 99.9% my dad. So we knew without a doubt.

Tribes do not use DNA tests unless it is an adoptee who needs to test with a tribal relative or parent to prove their ancestral connection for tribal membership. You will test with a specific person (like an uncle) to see if you are indeed THEIR relative. My adoptee friend in Sisseton, South Dakota did a DNA test with his father (who he didn't know was his father) because the tribe wanted to prove paternity - and my friend's children wanted to be enrolled in Sisseton. The test turned out 99.9% that this man was his dad. And now my friend is 100% Sisseton!

An adoptee would do DNA testing to find a cousin or aunt or someone else who IS your family member and go from there, with a reunion and phone calls.

Using DNA to say you are Native American/American Indian is not realistic. Why? Tribes do not trust these companies and do not use DNA for determining who is a tribal member. THEY will not use this test without a reason.

But when it comes to Native Americans, the question of genetic testing, and particularly genetic testing to determine ancestral origins, is controversial. […] Researchers and ethicists are still figuring how to balance scientific goals with the need to respect individual and cultural privacy. And for Native Americans, the question of how to do that, like nearly everything, is bound up in a long history of racism and colonialism.

Read this

NOW... one DNA testing company admits they are sharing our DNA data with the FBI. Not that I'm personally worried about criminals -- but WE didn't APPROVE how they SHARE our PERSONAL INFORMATION. Once they have it, they own it.

I wrote about this controversy myself in “BLOOD FOR MONEY”. My take on DNA: LEECH AND EARTHWORM. It’s not just money we need to be concerned about. 

FamilyTreeDNA Admits to Sharing Genetic Data With F.B.I ...

Feb 04, 2019 · FamilyTreeDNA, an at-home DNA testing company, apologized for failing to disclose it was sharing genetic information with the F.B.I. to help solve rapes and murders. Some of the site's users ...

Thursday, February 7, 2019

Four Tribes Respond to False Briefs Filed in Court of Appeals Opposing #ICWA

Published February 7, 2019
NEW ORLEANS — Four tribal leaders issued a statement on Wednesday to denounce the filing in the U.S. Court of Appeals for the Fifth Circuit by
Signing on the joint statement were: Principal Chief Bill John Baker, Cherokee Nation; Chairman Robert Martin, Morongo Band of Mission Indians; Chairman Tehassi Hill, Oneida Nation; and President Fawn Sharp, Quinault Indian Nation.
Joint Tribal Statement Responding to Briefs Filed in Fifth Circuit Court of Appeals Opposing the Indian Child Welfare Act
We are dismayed that opponents of the Indian Child Welfare Act (ICWA) and tribal sovereignty continued to perpetuate damaging falsehoods in briefs filed this week with the U.S. Court of Appeals for the Fifth Circuit regarding tribal citizenship and the care that Native children receive under the ICWA’s landmark protections.
Passed more than 40 years ago by Congress, ICWA was designed to reverse decades of cultural insensitivity and political bias that had resulted in up to a third of all Indian children being forcibly removed from their families, their tribes and their cultural heritage.
ICWA ensures the best interests and wellbeing of Native American children are protected. ICWA preserves the stability and cohesion of Tribal families, Tribal communities and Tribal cultures. As federally-recognized sovereign nations, we have the duty, the responsibility, and the wisdom to protect our children.
The flawed arguments by the plaintiffs and their allies have been rejected time and again by state and federal courts over the past 40 years. ICWA is not based on race but on the political relationships of individual Native Americans with federally-recognized tribes. The district court’s flawed decision potentially upsets a foundational precept of federal Indian law—that the relationship between tribes and tribal citizens is a political one.
Most importantly, opponents disregard decades of evidence and case law that show ICWA’s provisions are demonstrably in the best interests of the child. Accepted best practices among child welfare experts – including those in Texas – call for keeping a child with his or her family or relatives whenever possible. ICWA does just that. That is why ICWA is regarded as the gold standardfor child welfare and is so strongly supported by preeminent organizations such as the National CASA Association, the National Association of Social Workers, Casey Family Programs and the Annie E. Casey Foundation.
We stand with the bipartisan coalition of federal lawmakers, attorneys general from 21 states, and 30 child welfare organizations who have joined 325 Tribal governments and 57 Tribal organizations in filing numerous amicus briefs urging the Fifth Circuit to overturn the district court’s disastrous ruling
We remain committed to protecting the Constitutionality of ICWA for Native children, families, and Tribes. We firmly believe that our rights, and our children’s rights, will be affirmed and reinforced.

Four Tribes Respond to False Briefs Filed in Court of Appeals Opposing the Indian Child Welfare Act

by Native News Online Staff

Tuesday, February 5, 2019

Navajo Leaders Boost ICWA with Utah

The Navajo Nation and Utah Governor signed an inter-governmental agreement Monday, Feb. 4, 2019, to strengthen and further protect the Indian Child Welfare Act for the benefit of Navajo children in the State of Utah. Nation President Jonathan Nez and Vice President Myron Lizer met with Governor Gary Herbert to make it official at the Utah State Capitol during the annual American Indian Caucus Day.

Source: Navajo Leaders Boost ICWA with Utah | News for Page Lake Powell Arizona

Navajo Nation lauds Utah for pledge to keep native families intact

By Amy Joi O'Donoghue, KSL | Feb 4th, 2019 

SALT LAKE CITY — Navajo Nation President Jonathan Nez praised Utah leaders Monday for standing behind a federal law that urges keeping Native American children with their own tribal members should they need adoption or foster care placement.
"This is a model for not only the Navajo Nation but throughout Indian country," Nez said in reaction to the three-way endorsement of an interl-local agreement among the Navajo Nation, Utah Gov. Gary Herbert and Utah Attorney General Sean Reyes.
The signing event an interlocal agreement took place in the auditorium of the State Office Building during American Indian Caucus Day and comes even in the midst of legal challenges to the Indian Child Welfare Act, asserting it is unconstitutional because it elevates a child's race over their best interest.
A federal judge last October struck down the decades-old law after the state of Texas argued racial bias in the case of a non-native couple who sued for the right to adopt a Native American toddler they had fostered for more than a year.
The Texas state court denied their adoption petition based on the federal law that gives preference to Native American families in such circumstances.
The Utah Attorney General's Office filed a friend of the court brief in support of the federal law.
Tough negotiations over the last couple years resulted in Utah's Department of Human Services pledging to continue to keep Navajo children with tribal members as much as possible when it comes to state custody cases.
The daylong caucus event was a chance for leaders and representatives of the eight sovereign tribes in Utah to discuss specific wish lists or complaints regarding their relationship with the state in general and Herbert's office in particular.
Among issues brought up by various tribes:
  • Shoshone Nation Chairman Darren Parry said the tribe is hoping Utah lawmakers give $1 million to help pay for an interpretive center at the Bear River Massacre site in southeast Idaho.
  • Rupert Steele of the Confederated Tribes of the Goshute Nation wants more state assistance to deal with "years and years and years" of persistent problems that include fixing a road that is dangerous to travel for Goshute students.
  • Navajo Nation representatives noted the state's financial efforts to boost teacher retention and training in San Juan County, but said more needs to happen. In addition, the state could do more to financially participate in issues related to economic development, improvement in roads and other infrastructure needs.
Tribal representatives did note the first phase of funding had been secured for the extension of broadband into Bluff and areas like Montezuma Creek.
Charlaine Tso, the newly elected council delegate for the Bears Ears region of the Navajo Nation, told Herbert the state should support preservation of sacred lands through the Bears Ears National Monument designation, which was reversed in December of 2017, and to help address the ongoing racial challenges playing out in San Juan County politics.
Two members of the Navajo nation were elected to positions on the San Juan County Commission, but there have been unsuccessful legal challenges raised over allegations related to one member's out-of-state residency.
On Tuesday night, the San Juan County Commission is scheduled to take a vote on a number of resolutions, including one urging restoration of the Bears Ears National Monument and rescission of any resolutions by the previous commission that supported its dismantlement.
The commission is also set to vote on the reversal and withdrawal of any position or legal documents that supported the monument reduction.

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