According to Ardy SixKiller Clarke, a professor of educational leadership and the Director of the Center for Bilingual/Multicultural Education at Montana State University, many Indian youth live in communities that continue to experience high rates of alcoholism, drug abuse, domestic abuse, child neglect, and substandard housing. Violence on Indian reservations is often regarded as the norm. The dimensions of this phenomenon are described in a recent Department of Justice study, American Indians and Crime (Greenfield & Smith, 1999), which reported that the rate of violence in Indian Country is well above that for all other ethnic groups and more than twice the national average.
At a Navajo Youth Forum in the spring of 2004, Navajo President Joe Shirley Jr., Council Delegate George Arthur of Nenahnezad, and former Navajo Supreme Court justice Marcella King-Ben were among those concerned about an increasing number of Navajo youths being introduced into the criminal justice system — on and off the reservation. “The numbers were alarming,” Arthur said.
Statistics across North America have been alarming. About 20% of Native Americans aged 12 and older used an illicit drug in 2002 (versus 12% in the total U.S. population), and about 7.8% were in need of illicit drug abuse treatment (versus 2.7%). American Indian /Alaska Native substance abuse treatment admissions were more likely to have initiated substance use at age 14 or younger (46% vs. 32%)
The incidence of Fetal Alcohol Spectrum Disorder has been estimated to be 7-16% within the Native American population and could be even higher. Many are not diagnosed. A 1998 study by the British Columbia FAS Resource Society estimated that the prevalence of FAS/FAE in high risk populations, including First Nations and Inuit communities, might be as high as 1in 5. (statistics documentation)
Children are suffering while North America turns its collective back and says, "Tribal governments have sovereignty. It is their businessm, not ours."
In the meantime, people like Jack Abramoff and people like him, including politicians that love their pocket books and care little for what is right, make money off of the "tribal industry" and pay little attention to what is really happening to children on reservations across the country,
We can not continue to simply pretend that just because a child is of a certain heritage, that particular child will be happier living in Indian Country.
Family Stories
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Two Utah boys beaten:
Emilio Rodriguez - (Summer 2004)
3-year old Emilio Rodriguez and his brother, Jose, 4-years-old, were beaten so severly that Jose ended up in a coma. The doctors don't expect Jose to ever walk, or talk, or feed himself again.
Jose’s maternal grandmother was charged with seven counts of assault resulting in serious bodily injury and assault with a dangerous weapon while within Indian country. Jose’s 8-year-old sister had testified that on Monday, Aug. 30, she saw her grandmother get mad and throw Jose onto the floor three times. When he wouldn’t wake up, he was brought to the hospital,where doctors called the police. According to U.S. District Court records, Emilio, with dark "raccoon eyes," sign of serious head trauma, had been abused as well.
The two boys had lived with their maternal grandmother only 3 weeks. During that time, the grandmother beat the boys frequently. Reportedly, she was mad because they spoke Spanish and wouldn’t obey her. This grandmother had a lengthy history of alcohol abuse and was convicted twice of child endangerment. She had about 40 referrals and arrests in Ute tribal court over the years.
Originally, the two boys and their 2-year-old sister, were living in a safe, loving home with their paternal grandmother in Palmdale, Calif.. Why were they moved? Although the children were just as much Mexican as they were tribal, maternal family members, used the Indian Child Welfare Act, had pushed to have the children moved to the reservation in Utah. With little notice to the Mexican family, the tribe's Indian child welfare coordinator reportedly picked up the children in California and brought them to Utah.
But by the Ute Indian Tribe’s own constitution, these children weren't even ‘Indian children" and should not have been sent to Utah where they appear to have been tortured. (Question - if they HAD been enrollable, would that still have justified the move from their Mexican family?) (2004)
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07:53:57 pm, Categories: 1354 words
Desperation in Pine Ridge
Melanie McBee
I am a 27 yr. old Oglala Lakota woman, originally from the Pine Ridge Indian Reservation. I was fortunate enough to have been adopted by a stable, Christian family who had my best interests at heart. Most children from Pine Ridge are not so blessed.
Pine Ridge is situated in the southwest corner of South Dakota, and is the eighth largest reservation in the United States. The unemployment rate is 85% and 97% of the population are living below the federal poverty level. The infant mortality rate is five times the United States national average, and has among the shortest life expectancies of any group in the western hemisphere.
Alcoholism, addiction, violence, and suicide predominate in this once tranquil place. Although my family educated me on the statistics, I was hardly prepared when in 1997-98, I went to live there. I was mortified by the alcoholism. These people...MY PEOPLE were committing a slow suicide by the huge amounts of alcohol they were consuming. This was no longer just another statistic to me; it became my reality, the place I woke up to every day. Many of these families are living without necessities like running water, electricity, sewer, heat--even food, diapers, and formula. Despite these things--they somehow always seem to find the money to drink, or to buy a can of hair spray to huff, or a can of paint to sniff.
My people are stealing from each other to drink, committing burglaries to drink, and begging for money from others to be able to buy just one can of beer. I have a brother who was also under foster care off of the reservation, and at 7 yrs. old the tribe came and took him back, so he was then forced to live on the reservation with his Indian family. When I chose to live there, I became very close with him. He told me that he wished that I would leave, because it would be better than to subject myself to the lifestyle on the reservation. He expressed deep seated regret that he was carelessly pulled from a financially, spiritually, and emotionally stable home and returned to the reservation. He did everything in his power to make me miserable when I lived there, so that I would just leave. He was robbed of the wonderful opportunities he could have had. Why - Racism. My nation would rather force the children to continue to live with instability, alcoholism, and violence, than to have them adopted by the “whites.”
Being a sovereign nation, nothing can be done through state social services--and the government doesn't want anything to do with us, unless, of course, it is to make themselves look good. The tribe will cast an alcoholic into treatment, based on another alcoholic’s word--but they will not remove an obviously neglected child from their cockroach infested home. I firsthand, have witnessed my blood, my family, the future generation of children--being abused physically, and emotionally. These children are not being given even a fighting chance of a beginning in life.
This past summer, the same brother I mentioned telephoned me in a drunken stupor, and told me that if I didn't come and get him, he was going to commit suicide. I had two other close family members commit suicide, of course I decided I needed to go and help him. At 2:00 am, my husband and I loaded up our two small children, and what we would need into our van, and we left from Minnesota to Martin, South Dakota to pick up my brother. Upon arrival, the first thing we observed was the housing, which horrified my husband, and reminded me of the desolation of my people.
My baby nieces were crying because they were hungry, their diapers had not been changed in what had to have been a day, they were dirty, and running around with no shoes on, despite the glass on the ground--they had no clothes on, and had a look of utter misery, and bewilderment on their little precious faces. YET their mothers were in the back yard drinking at ten in the morning. NO CHILD should have to live this way--I just wanted to take these children, and bring them home, but I couldn't---what's worse, these children will grow up believing that the things that they witness, and endure are normal. I was powerless to do anything for these children--I wanted to embrace them, and take them home with me.
Upon finding my brother, we also found a house full of my drunken relatives. My granddaughter (in Native custom) whom was a little older than my own baby of 6 months, was crawling around with no clothes, shoes, and a horribly soiled diaper--with cockroaches, dirt, cigarette ashes, and beer cans on the floor--narrowly avoiding being stepped on. The baby's mother who is my niece is 16, and drunk right along with everyone else. For them, this lifestyle is completely commonplace.
I know of children 5years old, molesting 3 month old babies--fathers molesting children, mothers molesting children--every form of incest there is, has, and will continue to take place there-- I have watched family members die of alcohol poisoning, or cirrhosis--I've watched them have to have limbs removed because of their irresponsibility in taking care of their diabetic needs--because they would rather concentrate on where their next beer is coming from, or who can get meth, or a gun.
When I first went there at 16 to visit, everyone was so excited to meet me, and then they started telling me that I didn't belong there, because I wasn't really a true Native, because I was raised with white people. Then they told me that I didn't belong with my white family, that I belonged there with them. I was called an "apple" red on the outside, and white on the inside, to them I was, and still am--a wannabe Native. The racism, even against their own, is unbelievable.
Men, beating their women are a normal occurrence here, as are beatings and stabbings amongst family. A majority of these things can be directly linked to alcohol--yet there's an liquor store in downtown Martin and gas stations that sell liquor. There is Whiteclay, Nebraska selling liquor just off reservation boundaries. Natives, knowing full well the alcoholism rate, are selling alcohol to their own. I have seen people call the tribal police on someone for liquor violation, just to sneak alcohol into their own house.
There are dirty tribal police that have raped women that they were supposed to be taking to the tribal jail, or offer to not take them to jail for sexual favors. These things constitute every day life on the reservation, and although these things happen in other places, I believe that the plight of my people should take precedence over the third world countries the government is claiming to help.
I mean, President Bush is claiming to be spending all these millions of dollars of YOUR money, to help the situations in third world countries---when for all practical purposes he is creating a situation, a problem in addition to the country's previous problems, and furthermore Bush is the President of THIS country--NOT anywhere else. Then shouldn't the problems here in the United States be addressed first?
You see this month is black history month, and other times, you see that there is some “awareness day” for something but, Native American Day goes widely ignored, and there is no awareness day, or month, or even a second for the plight of the Native Americans. This is my mission, to educate people about the reservation, and to let my voice be heard, to be the voice for the suffering children on the reservation, for my noble ancestors, and to start doing something about the desolation which is Pine Ridge Indian Reservation.
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Febuary 13, 2007 © Copyright February 13, 2007 by Melanie McBee, a Native American. Permission is granted for reprint in print, email, blog, or web media if this credit is attached and the title remains unchanged.
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September 3, 2006
- Jim and Debra's Family story of love, hope and loss
I want to thank you for this web site , which has given me some hope at a time where I have been feeling very hopeless. My husband and I are foster and adoptive parents who find ourselves in a similar situation as the Santos case. We have been fostering a native american child since he was 4 months old and who is now 19 months old. We would love to adopt this child but find ourselves dealing with the ICWA. Both parents rights were terminated shortly after birth, but then father's rights were reinstated so that the child may be enrolled into the father's tribe. A cousin of the father has since come forward as being willing to take this child in. Weekend visits have begun, and my once very happy, secure toddler has become very insecure, crying alot, and throwing temper tantrums. My husband and I have had the opportunity to meet this cousin in her home. All I can say is that my heart dropped into my stomach when we entered the home. The smell of an illegal substance was overwhelming to my husband and I. The state social worker however states she did not smell anything and that she needed to be carefull about how she brought our concerns to the tribal social worker as to not to step on any toes. Her relationship with the tribe seemed to be more important than the childs welfare. Since then the state has made our life difficult and made us feel like we are the enemy. This is a child who was born drug and alcohol affected and I fear that he may be put back into the same situation. We have spoken to several attorneys and continue to seek legal advice. This web site has encouraged me to be more proactive in fighting for what is right for our child. You have given me hope and for that I thank you very much. Prayer continues to be the one thing that gives me peace.
UPDATE October 5, 2006
Baby's doing fine at this point. We showed up at the Jurisdiction Transfer Hearing with an attorney and filed a motion for continuance and a motion to intervene. This was the only thing we could do to stop the transfer and was granted the continuance until 10/17. Since then, we have hired a private homestudy agency since the State will not do this. We have also filed a Petition for Adoption and are hoping to be made a party to the matter. We believe that we have to keep this case under State Jurisdiction to prevent us having to take on the tribe in tribal court. Our research into the court indicates that there is no due process in their system and they follow their own set of rules, giving us little or no chance at all to adopt this baby. We are looking into a "Bonding Assesment" but unfortunately, we would have to pay for this. Our funds are running low and we have to be willing to make a tough choice to carry the matter on or not, should we loose in the jurisdiction tranfer hearing. This case will become very expensive in a tribal court battle that we stand very little chance of winning.
We believe that God has given us a small victory by directing the Judge to give us a Continuance. Each small victor is a large step for our baby and hopefully God's victory. This one is his. Thank you for your support
UPDATE October 9, 2006
Hi Lisa, I want to thank you for getting me in touch with Johnston Moore. I spoke with him on Sunday and he was very helpful and informative. He stated that you would have the phone numbers of ..... I beleive they are both attorneys. He thought that they may be able to help my attorney with ICWA and possibly have some helpful input on our case . I have spoken with my attorney about this and he felt that more heads are better than one, and was very open to the idea. Again Thank You
UPDATE October 20, 2006
Hello Lisa, My husband and I would like to update you on our case. We went to court on Tuesday , Oct. 17th. The outcome was not in our favor. The Judge denied our motion to intervene, our petition to adopt, motion to oppose change of jurisdiction. She stated that because (baby) was an Indian child and ICWA applied, which was established back in Aug. of 2005, and that the appeal time had expired, she would not argue ICWA's aplication. Therefore, all other arguments were mute to her. The state wanted to move the child right after the precedings, but the judge has allowed us to keep (baby) until after this weekend. The state has not yet called us to let us know when the pick up day will be. but I'm sure they will call before the end of this day. We are not sure if we have anything to appeal or not, we have a call into our attorney and are awaiting his phone call. I was allowed to address the court. I held up an 8x10 picture of (baby) and spoke of how happy, well adjusted, and bonded he is with us and extended family. I spoke of how I felt that ICWA did not apply in this case, that (baby) was not born on the reservation, his parents did not live on the reservation and that he probably would not have been raised on the reservation. And that the only family that (baby) knows is us, and that removing him now would cause him harm. I let them know that I felt they were doing exactly what ICWA Is meant to prevent taking a child from his family and putting him with strangers. I spoke of how we have preserved his culture and heritage and would continue to do so. That was the end of it. I was in total shock and felt numb. I'm grateful to know our Lord Jesus Christ because he is the one thing that is making this heartache bearable! At this point I don't know what else to do except pray that God will protect him and keep him safe.
UPDATE October 21, 2006
Lisa, I will call and leave a message with (attorney). I'm not sure when the state plans on comming to get (baby). I have not recieved a phone call from them like I was expecting. I have a feeling the social worker will call sometime Monday morning and say we are on our way to come and get him. This has been her practice in the past when it came to picking him up for a visit. This has been very frustrating for us. I wish we would have called (particular attorney) sooner also, I think our attorney felt that we would do much better than we did. If we are lucky they won't come and get him till Tuesday. The Judge just said sometime after this weekend. Thank you for replying so soon. My husband and I have been putting together a scrapbook for (baby) to take with him, so we will be up for awhile again this evening. This has been somewhat therapeutic for us during this difficult time, making us feel like we are doing something.
UPDATE October 23, 2006
I am Jim, Debra's husband. Yes we called (particular attorney) this morning and he suggested that we get an emergency stay on the order. We contacted our attorney who in turn contacted (particular attorney). Problem: in order to do so, we need to file an appeal. The only order that we can appeal is our motion to intervene. This order was based on the law of Washington State as it is written. The judge ruled that we don't have grounds to intervene, because we cannot be regarded or found to be defacto parents and we do not have just cause to show that Yakima Tribal Court is a venue of non convenience. She made these decisions based on the fact that in order to be defacto parents, you must have the consent of the biological parents or the legal parents of the child. The father's parental rights had been reinstated and he was magically found the day before the hearing and wrote a letter stating that he wanted his child returned to the reservation. There is also this issue of foster care payments that I regard as simply reimbursements. According to the State, we received foster care payments, therefore we received compensation for our services. We offered to give it all back, but you know how that goes. As far as the tribal court issue was concerned, we live 150 miles from the court and the judge considered this to be a reasonable distance for us to travel to fight for this young man. The tribal attorney testified that our witnesses would be able to testify in tribal court via the telephone. We don't have legal standing to appeal this decision and there was no evidence to support our argument raised in court. Therefore, if we did appeal, we would have to justify our arguments without additional evidence.
At this point, God's will has been done. (Baby) is supposed to go to the reservation. We hope and pray that he will emerge as a tribal leader and bring change. We do not intend to let this issue resat. We are not sure which way to go, but we believe that we need to educate our judges in ICWA and it's application. The Existing Indian Family Doctrine and Safe Families Act. We have much to learn and I know Debra, she will pursue her mission.
Right now, Debra is much pain. She has not stopped crying and (Baby) has been gone for nearly two hours now. I am having a hard time focusing myself. It feels like a death in our family and the weight of the pain is to heavy to bear. I plan on taking a photograph of (baby) to our Pastor and asking him to pray... I don't know what else to do. I am not a lawyer. I am a cop. I know the law a little bit, but not it's application. I am aware that you do not give legal advise and I understand why. I appreciate your support for my wife and all the help you have given her. She is a beautiful person, both inside and out. She really loves children and because we have not been able to have children of our own, she has chosen (or God has chosen) this path. Finally, we don't know how much longer we are going to be able to bear going through all of this again. I, at this point am done. Time will dicate our future and God will intervene, but for now, I'm done.
UPDATE November 10, 2006
...You don't know how much your words and thoughts mean to me. Today for some reason has been a difficult one.
UPDATE April 8, 2007
...I just received a phone call from the tribal social worker asking me some questions on (baby)'s immunizations and then she informed me that he is no longer in the home of his relative placement. Now he must adjust again to a new home after just being in the relative placement for about 6 months. This is his 5th placement in 27 months of life. How can they believe this is in his best inerest? My heart is heavy and I try not to worry about him but it is diffcult. I know that everything happens for a reason and I know through Gods grace and love I will someday understand.
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Two Montana Boys Dead
(We report the following story to explain why many parents and caregivers are reluctant to raise their children on the reservation or have tribal court interfere in their families. Not all Indian communities have the below problem, but many do.)
March 2, 2004 - Two eleven-year-old boys were found dead in a frozen field just outside the reservation housing development where they lived. According to Missoulian reporter John Stromnes, (3/3/04), they both died of alcohol poisoning and had been dead for three days. The last time they were seen, they were drinking hard liquor with other juveniles. According to the county sheriff, no one, not parents or care-givers, had reported them missing during those three days.
It is not usual for eleven-year-olds to die this way in reservation communities. However, it's not unusual for children to drink, smoke, and run around unrestricted. Although the tribe asserted the following day that the above parents had indeed reported the boys missing, the county sheriff knew nothing of it and some believe the tribal government created the reports in order to prevent negative information about Indian Country from being publicized. In fact, that same day, the county paper carried a report on another small community on the same reservation where residents of the community were complaining that parents are not taking responsibility for their children. Children, according to the report, are roaming the streets at night, drinking and vandalizing. When children are arrested for curfew, the tribal court does little to deter the behavior. (2004)
A Grandfather, of 100% Tribal Heritage, speaks:
"I've raised my grandchildren for eight years. The youngest is now nine. They've never lived on their reservation. I have legal custody, but because my wife isn't Indian, she wasn't put on the original papers.
Now I'm terminally ill, and five lawyers have told us that getting her name on the custody papers will be complicated and uncertain. It will cost thousands of dollars that we don't have to try to modify my custody papers, but there are no guarantees. We're told it's all up to the tribal government whether these kids can stay in our home or not. The tribal government doesn't have to think of the best interests of the kids. They can choose to take them away just because my wife is white. Now, the kids face not only losing their grandfather, but half their family, their home and the only mother that's ever cared for them." (2004)
Enrolled Mother, ill with cancer, didn't Want Her Children raised on the Reservation
Around 1996, A young South Dakota mother was diagnosed with cancer. Wanting her three children raised in a better way than she had, Ms. Hinsley moved off the reservation and began going to a Christian church. Feeling so strongly about how destructive her life on the reservation had been, she refused to enroll her children or have them be involved in tribal programs such as "Head Start." She also asked a friend to care for her children once she passed on. But before a legal will could be written, Ms. Hinsley died suddenly from a heart attack. The State Court turned the children over to the tribe as mandated by the Indian Child Welfare Act, pulling them out of school and away from non-tribal relatives and friends and placing them into foster care on the reservation. Although an Indian/white couple that lived off the reservation was interested in adopting the children, the tribal court chose instead to leave them in a reservation foster home. During the process, a lawyer for the tribe confided that in this tribe of about five thousand members, they had about one thousand children in foster care. (1996)
A Birth Mother, non-tribal, speaks:
We've been raising our kids to know that there is no difference in races. We've taught them that their various heritages are equally vaulable. Our kids have visited the reservation just as they have visited the suburbs. We've welcomed my husband's family into our home, just as we've welcomed mine. We've all enjoyed all our relatives. But I've had to explain to our kids that some of their relatives aren't well, and are struggling with alcoholism and other issues. It goes without saying that we have relatives on both sides of the fence that have struggles. Race isn't the issue. We've explained that all people, including our relatives, need Jesus. The despair we see in their lives is because of their estrangement from God. We've taught the kids to look past the difficulties and see the hearts of their relatives.
But while we're teaching the kids that there are no differences, that all people struggle equally and all deserve compassion, the Federal government has decided that the children's tribal heritage takes precedence over their Irish, German, or Jewish heritage. How do we explain that to our kids? Let's be honest. Our kids like to visit the reservation, but with all the violence, they'd be terrified to live there. They know how some of their cousins and uncles have died!
However, if something were to happen to myself and my husband, our relatives on the reservation, who are living right next door to extreme violence and drug abuse and who accept it as a fact of life in their homes, will be given preference by the government to raise my kids. They would be chosen above non-Indian relatives living healthy lifestyles, or Christian friends that would raise our kids in the way we want them to be raised. (2003)
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Attorney Unable to Help
In 1997, attorney Michael Harris was asked by a county clerk to represent a natural father in a juvenile proceeding in a tribal court. The next day he received an order to appear for a status conference the following week. He wasn't given a phone number or address to contact the father, but because he was told it was just a status conference, he reasoned he could get by for now. This case revolved around the grandparents petition for custody. The natural mother, according to her own attorney, was adamantly opposed to the grandparents having custody. One of the children alleged she had been sexually abused by the grandfather. Evidence gathered by the child’s psychologist and physician supported the claim. The mother also confessed to having been abused by the grandfather. The children were removed from the grandparents home, but the grandparents sued under the Indian Child Welfare Act, and this ultimately brought them to the status conference at hand.
But much to Harris’ surprise, the tribal Court, contrary to what was stated in the order to appear, immediately began a “full blown evidentiary disparities hearing.” Despite the fact that neither natural parent was present or had even been consulted prior to this “status conference,” the court began discussing the merits of giving custody to the grandparents, who had come to the hearing equipped with a plane ticket for the minor child in question.
Both Harris and the mother’s attorney objected, and the Guardian Ad Litum attempted to intervene. A child Welfare worker asked for a home study, but the request was ignored. Even the request for a criminal background check was dismissed. All evidence from the abuse investigation was suppressed, and in under 45 minutes, custody of the little girl was awarded the grandparents.
The attorney serving as Guardian Ad Litum subsequently quit serving the tribe in that capacity. Mr. Harris said later, “..but for the assertion of tribal jurisdiction [the grandparents] would in all likelihood both be serving substantial criminal sentences in California for their conduct which initially gave rise to this proceeding…" and "In Indian Country, the assertion of cultural identity is often considered more important than the recognition of the fundamental purpose of enlightened government: to assist the well-being of the citizens it serves.”
A Mother, Non-Tribal, fights tribal government for custody of her Non-Enrolled Children
In early 1994 I moved myself and my three children to a closed reservation to join my husband who had accepted a job there a couple of months earlier. Soon after I discovered he was having a serious relationship with another woman… I began divorce proceedings with the county court but I couldn’t get him served. State and County officials couldn’t go on the reservation to serve him, and I couldn’t serve him by public notice because I knew where he was. Tribal officials wouldn’t serve him but did inform him of my intentions. Within a month I received a summons by regular U.S. mail to appear in tribal court. If I didn’t appear I may lose all rights to my children, since that’s all that’s required for tribal courts to consider one served.
(Editor note - According to Legal Services in that state, the tribal court gained jurisdiction over the custody status of the minor children by virtue of the fact that the mother appeared and submitted herself to the jurisdiction of the tribal court. But according to the mother, the summons she received from tribal court stated "Failure to appear at time and place stated above shall result in judgement being entered in favor of the petitioner." It was her impression that she had no choice.)
The divorce was granted by tribal courts in December of 1994. Custody was to be shared and the children would remain living with me. (later)…he took the two youngest children out of school without my knowledge and move(d) them to the reservation. It took me until September of 1996 to get them back through tribal courts.
A year later (the summer of 1997) I was accepted into graduate school with a full tuition waiver, but would need to relocate 80 miles away…Within a month after the move I was back in tribal court. This time C’s council (who was also his cousin-D, I’ll call him) was very good friends with the presiding judge. Full legal and physical custody was awarded to my ex because I was seen as unstable. Visitation was stated as liberal and optional as can be worked out between both parents (even though he had full legal and physical custody.) I have been trying to get my children back or at least maintain visitation ever since.
The following March my daughter was removed from C’s home by the tribes child protective services for physical abuse. Evidently she got caught smoking marijuana and he kicked her so hard that he broke his toe. It is also in the record that he told her he would "take her out in the woods and kick her ass and that there would be no evidence," she was 14.
[My daughter] was first removed to a local center where D, who was now the tribes prosecuting attorney, took her into a private room and tried to bully her into saying that she had hired someone to give her the bruises. D also acted more like my ex’s advocate instead of trying to prosecute him and the charges where dropped. Officially the case was dismissed because the officer who signed the child protection complaint said it was blank when he signed it and the child protection worker filled it in afterward. This was so upsetting that even the child protection worker broke down and cried in court.
[My daughter] was then removed to a treatment center in a different state and I wasn’t allowed to have any contact with her for several months because I didn’t have any custodial rights and my C would not put me on her visitors list. Finally in early summer I did end up getting custody of [her] because she refused to go back to her dads.
…Every attempt to get the visitation [with the two younger boys] followed has been unsuccessful. The judge who issued the order told me to quit coming up there waving my court papers. The only way I’ve been able to even talk to them is if I catch them at home alone, and the children tell me all the telephone conversations are recorded. The children have told me their dad’s explanation for not letting them come down is that I went to school to be a teacher and they train teachers to manipulate children’s minds and he doesn’t want me to manipulate theirs.
I was given a court date to try and resolve this, but neither the judge who signed it nor my ex showed up. I was given another date and the judge who signed it still wasn’t there, another judge admonished C for trying to keep me from seeing my children, but C didn’t want her to here the case so the restraining order was never actually dealt with. I was told by the superintendent of the tribe's schools that I can’t even work at the middle school, where the only child of C’s attending is our youngest. I am able to speak with one of my sons teachers only because she has agreed to meet with me outside of the school, at great risk to her job I’m sure.
I recently filed an order to show cause as to why I was being denied visitation by C, but I don’t hold out much hope. When my council talked to C’s council to let him know of our plans and see if something could be resolved without having to go to court he said: good, then when she comes up we can arrest her. He said they have a warrant for my arrest because I went into C’s house when they weren’t home… I have never been in the house, in fact I was only even to the house once about seven years ago. After waiting at the line (where I always wait to pick up the kids for a visit) for over an hour I drove to where I thought they lived to see what the hold up was. C called the cops right away and wanted me arrested then. Fortunately they let me go, but without my children.
I am afraid to go back to court there, because I don’t want to go to jail for something I didn’t do, but I am going to risk it for a chance to see my kids, even if that chance is small.
… The tribe claims jurisdiction over my children and myself who are not accepted as members, we (including the children) are not enrollable.
If you know anything about sovereignty you know that taking this case to state court would do no good, if they would even hear it. From what I know the state I live in is obliged to recognize and honor this particular tribes court order, but the tribe is not required to recognize the state courts findings. C has his rights protected under tribal law, state law and federal law. I expected that mine and my children’s rights would be protected under tribal law too, but I was naive to the political interference and nepotism involved. I should mention that C’s [new] mother in law sits on the tribe’s council. I realize everyone is not always protected equally under any law, but there should at least be a consistent attempt. (2002)
A Father, 100% Tribal Heritage, speaks:
"I respect my elders and love my family. I've taught my kids some traditional culture, but I've chosen to raise them off my reservation and on the outskirts of the Indian community because of all the drugs and gang banging. I'm trying to teach my kids a different way, as Christians. Imagine how it feels to know that if I die, there is a law that "the prevailing social and cultural standards of the Indian community in which… extended family resides…" has to be used to choose a home for my kids. Also, Congress gives the tribal government jurisdiction over my kids "...because of concerns going beyond the wishes of individual parents."
No other race in the United States is treated this way. Although the Bill of Rights doesn't always apply to members on the reservation; no government should have the right to dictate which religion is best for children, nor demand they be raised in an environment their parents aren’t comfortable with. (2004)
Child Beaten to Death By Caregivers
In November of 1999, an 8-year-old Brenda Swearington was beaten to death by her great uncle, whom she, along with her siblings, was placed with under the Indian Child Welfare Act. According to a court transcript, the uncle was quoted as saying,"I just lost my temper. Hit her, kicked her too hard when she wasn't doing what she was supposed to be doing." A witness stated having seen him pick the little girl up by her throat, "put her against the wall, let go of her, kicked her."
According to the Native American Press, after the child's death, other relatives begged the Leech Lake Reservation to pull out of the ICWA program, blaming the program's priorities and staff for the little girl's murder. One relative stated that if the ICWA staff had actually looked at the record of the great Uncle and Aunt, they should never have been chosen as caregivers. Robert Desjarlait, Brenda's former foster parent, is quoted saying, "When they placed those kids in that home, we knew it was a mistake." He also claims he had reported to authorities bruises he had seen on the children during visits. Despite his objections, Desjarlait said that the children were placed in the uncle's home under the Indian Child Welfare Act. (1999)
A Child, wanting to stay with her non-tribal aunt
Kayla, a fifth grader raised by her non-tribal aunt since she was 8 months old, wanted to stay in the only home she ever knew. She wanted to stay in Kentucky and continue with her basketball and cheerleading. But in 1994, the North Dakota Standing Rock Sioux Tribe sued. One reporter wrote for the Associated Press that the tribe needed her because they were struggling to keep their cultural heritage and identity intact. In that same article, a representative of a group called NARF estimated that 1.96 million people of Indian ancestry live off the reservations. He said that puts the tribal courts at a disadvantage in custody cases. This is the true purpose of the Indian Child Welfare Act: to return children to the reservation for the tribal government's benefit. All Kayla wanted was for life to go back to normal. (1994)
Non-Tribal Mother
On June 11, 1999, Kimberly, a non-tribal member, was given 30 minutes notice to show up in Red Lake Tribal Court to defend her legal custody of her children. Not having any time to obtain counsel, she stood by helplessly as the court transferred physical custody of all three children to the man that had fathered the youngest two. The man, who was a tribal member, then turned around and obtained an order to forcibly remove her from the reservation. On June 13, she was served the order to get off the reservation and wasn't given any time to return home to get clothes and possessions. (1999)
Relatives, Non-Tribal
A tribe in Montana won jurisdiction over two Illinois children. The children's deceased father wanted them to stay with his sister, as did the children themselves. The Aunt had helped raised them and they were bonded to her. His other sister and her husband also wanted to adopt the nine and five-year-old. However, relatives on the reservation were likely to get custody through ICWA, which gives preference to Indian family members over non-Indian family members. (1995)
Adoptive Dad, Non-Tribal
Mary (name changed), 4 years old, has known only one father her whole life. MH has taken care of her from the time she was 27 hours old. When she was born, she weighed only 4 pounds and was addicted to methamphetamine. During the first two years in his home, the birth mother made no effort to visit her, and so MH and his wife began the process to adopt her. According to MH, "She was born into adversity. She overcame drug addiction at way too young of age. She’s overcome a tremendous amount of roadblocks to get where she is at. Why would anybody want to take that kind of success away from a child? It makes no sense."
But a tribal government did. Although Mary was only 1/32 Chippewa Cree and more Hispanic than Indian, the Tribal Government decided to claim her, and the State decided to allow them to. According to the State Child and Family Services Division, "Whether we think it is a good idea or not is immaterial; every state has to obey the Indian Child Welfare Act." According to 25 USC 1911, "… the Indian tribe shall retain exclusive jurisdiction…" and "…the (State) court, in the absence of good cause to the contrary, shall transfer … to the jurisdiction of the tribe…"
Noting the reference to "good cause", MH wasn’t about to give up. MH’s adoption of Mary would have been final in October had the tribe not stepped in at the 11th hour. Believing that was "good cause" to prevent transfer of jurisdiction, he took the issue to Federal Court. The Federal court judge waived the hearing because a Chippewa Cree couple in Las Vegas wanted to adopt her and he knew it would go to trial. But two days after the hearing was supposed to have taken place, the state and the Tribe decided to forgo the trial and agreed to allow the MH to adopt the little girl. (2000)
Foster Mother, Non-Tribal
"We have raised and loved "Carl" [4 years old] for over half his life. He is ½ Indian, but what about HIS rights to a family? Specifically, a family who he knows and loves and who knows and loves him and has for the past 2 years."
The birth mother, an enrolled tribal member, voluntarily placed her baby in foster care with the county when he was 18 months old. The birth mother, an adult with FAS, was herself placed for adoption at birth, and was raised off the reservation in a white home. At the time the mother placed "Carl", she told caseworkers she was opposed to her tribe's intervention and that she had no ties to the tribe. The tribe subsequently declined jurisdiction, and continued to waive involvement over the next two years. The baby was placed in a white home, the home he is in today.
However, on Jan 6, 2000 -- more than 2 years from their first notice that "Carl" was living with non-Indians off the reservation -- the tribal council voted to seek custody of the child, seeking to "protect his Native American heritage." … the tribal resolution indicates a transfer is more in the interest of the tribe than "Carl" when it stated; "Whereas, the Tribal Council has determined that there is no resource more vital to the continued existence and integrity of this Tribe than its children."
"We moved to Minnesota in Dec 1999, bringing "Carl" with us after obtaining permission from District court. The county DSS is deciding whether to fight the tribe based on "best interest of the child." We're hiring an attorney to help us fight the tribe. One problem we're encountering is that when some of these people hear "ICWA" they just want to lay down and give up." (2000)
Adoptive Parents, Non-Tribal, Adoption Already Completed
In Idaho, a small boy was taken from the only home he had ever known and placed with unfamiliar relatives on the Oglala Sioux Reservation in South Dakota. It is agreed that the adoptive parents were good and he was happy. The only problem was that they were white. The couple argued that the tribe was notified prior to the adoption, and the adoption was completed before the tribe enrolled the child. The child was 50% Oglala Sioux; just as much non-Indian as he was Indian. The Supreme Court ruled against the adoptive parents. (1995)
Adoptive Parents, Non-Tribal
Two twin girls had been with their adopted parents in Ohio since birth in 1993. At the time, the birth father wasn't a tribal member and didn't acknowledge any Indian ancestry. Later, he invoked his 3/32 Pomo heritage to gain custody. The final settlement stipulated the girls could stay with their adoptive parents, but have to be taken to visit the Pomo Rez. in California every other year. Former US Representative Deborah Pryce stated, "I am deeply concerned with the chilling effect the continued misapplication of this act could have upon the successful and timely adoption of children in need of homes and loving families." (1995)
Adoptive Family, Non-Tribal
In August, 1994, the Minnesota Supreme Court rejected a white couple’s petition to adopt three Ojibwe sisters whom they'd been fostering for quite awhile. The court held that non-Indian families may adopt Indian children if they prove there is "good cause," but good cause can’t be based on "a European value of family permanence". (re S. E. G., 521 N.W.2d 357) (In the matter of the Custody of S. E. G., A.L.W. and V.M.G., 521 N.W.2d 357) Also see Petition of Campbell,
Subsequently, all three girls moved to a dysfunctional relative's home. The oldest ran away on several occasions, attempting to return to the white couple, only to be returned back to the relative in tears. She grew more unhappy and attempted suicide several times. When the Minnesota Supreme Court made it's decision, the little girl, then age 11, wrote the court, "We love them so much. You are mean, crude, and evil like the devil." At around 16 years old, she became involved in both Satanism and an angry, violent boy, who eventually murdered his father and attempted to murder the white foster parent’s she had so loved. The foster mother was stabbed in the back and left for dead on the highway.
In the year 2001, the boyfriend was incarcerated and the girl was sent to an in-patient therapy. Her sisters were also sent to separate treatment centers for troubled youths due to problems in the home of their relatives. In April of 2004, the Minneapolis Star and Tribune published a week long series entitled, "The Lost Youth of Leech Lake." The articles, detailing the alcoholism, drug abuse, child abuse and even murder that occurs in Leech Lake, featured the above story. (1994)
UPDATE 2006 - After the tragedy, the oldest girl returned to the white couple and asked their forgiveness. Although the foster mother is permanently in a wheel chair due to her inuries during the stabbing, they forgave the girl and took her back into their home. After turning 18, the oldest girl was adopted by the white couple and is now a permanent member of their family. She is now married and has a child of her own.
Adoptive Father, Non-tribal
Foster parents John and Terri couldn’t believe what was happening. The two boys, whom they had grown to love deeply in the past year, were about to be taken from them. They had done everything asked of them as foster parents, and more. They had purposed to give these two children as normal a life as possible, and surrounded them with others — family, church, school, friends, neighbors — who had done the same. There were no allegations of wrongdoing or abuse. The boys’ biological parents had not gotten their lives together. There was no longer a relative preference under state law if any blood relatives did come forward. The county social worker was so happy with the placement, that an adoption worker had begun an adoption assessment on the home. John and Terri were thrilled as they began to see the boys as their own.
Yet suddenly, everything had changed. The adoption assessment was forgotten as the case plan took a sudden turn. The boys themselves were just as bewildered. The summer before, for the first time in their young lives, they had been given a sense of normalcy. They were placed in a family, which functioned as families are intended to function. They were free to do the things young boys do. So quick and deep was their bonding to their new foster parents, that they began to call them “Mom and Dad” after less than one month in their home. They had never called anyone “Mom and Dad” before. Yet, now, they were about to be taken from their mom and dad, home, new found extended family, church, neighborhood and school — everything that made them feel like they were not foster kids, but simply kids.
They were to live with virtual strangers, strangers they had suddenly been forced to visit every weekend. The effects of the uncertainty and turmoil on the children were unbearable to watch. They acted out. They cried. They had nightmares and temper tantrums. The younger boy vomited before two of his mandatory weekend visits. On another occasion, the morning after meeting with his attorney for the first time, he scratched his face until scabs were raised. Why did all of this happen? Their nightmare could be traced back to a decision their maternal grandparents made more than 30 years before, when their mother was an infant. Their grandfather, who was one-quarter American Indian, had his daughter enrolled in his tribe. In her 35 years, she has had no contact with the tribe. She had only minimal contact with
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Mission Trip Music Video Strengthening Families 