Christian Alliance for Indian Child Welfare [CAICW] Christian Ministry - Strengthening Families Political and Legal Family Advocacy - Caring for Families Fighting the Indian Child Welfare Act [ICWA] Letters From Families Affected by ICWA Who We Are; Constitution and ByLaws; Privacy Statement; Contact Us How Your Dollars Help; Read CAICW's Developmental Goals; Become A Member Scriptural Basis for Social Action

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We at CAICW are not attorneys. Parents and care-givers can and should consult a lawyer if they think they need one.

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Did Congress have the authority to adopt ICWA?

The Original Meaning of the Indian Commerce Clause

Published 85 Denv. U. L. Rev. 201 (2007)

 

 

Three enrolled children, adopted into a non-tribal home, laugh together: Across America, children that have never been near a reservation nor involved in tribal customs are routinely being removed from homes they love and placed with strangers chosen by tribes. - www.caicw.orgHOPE

 

Little boy with blackened eyes, beaten by his ICWA chosen caregiver. He and his siblings were removed from their paternal grandparents home simply because the grandparents were not tribal. But ICWA is not supposed to be applied in this manner. Though proponents of the ICWA argue that the act has safeguards to prevent misuse, scores of multi-racial children are being negatively affected by application of the Indian Child Welfare Act (ICWA). - www.caicw.orgHARDSHIP 

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Tell Officials what has been happening to our families; Importable Contact Lists for Congress, State Legislators, Governors, Media, US Attorneys, State Attorney Generals, Data-aide.com


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"The Spirit of the Lord is upon me, because he has anointed me to preach good news to the poor. He has sent me to proclaim freedom for the prisoners and recovery of sight for the blind, to release the oppressed, to proclaim the year of the Lord's favor."
Luke 4:18-19"



"BE IT RESOLVED,

"That this organization will fulfill this responsibility by coming along side of established local Christian Churches and assist and support them in their ministry and missions by providing needed resources and services, and by assisting local churches in their ministry to families of Indian and Mexican heritage, and by assisting and supporting families of Indian heritage and in the defense of their civil and parental rights."





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Funds contributed to the General Fund are separate and apart from other organizational funds and will be used exclusively for charitable reasons related to Charitable, Religious, educational, and scientific purposes.

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Christian Alliance for Indian Child Welfare


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Email us at:
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Vision Statement:


"The Spirit of the Lord is upon me, because he has anointed me to preach good news to the poor. He has sent me to proclaim freedom for the prisoners and recovery of sight for the blind, to release the oppressed, to proclaim the year of the Lord's favor."
Luke 4:18-19"



"BE IT RESOLVED,

"That this organization will fulfill this responsibility by coming along side of established local Christian Churches and assist and support them in their ministry and missions by providing needed resources and services, and by assisting local churches in their ministry to families of Indian and Mexican heritage, and by assisting and supporting families of Indian heritage and in the defense of their civil and parental rights."





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And now these three remain: faith, hope and love. But the greatest of these is love.
1Cor. 13:13


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Please Join us in Prayer




Prayer List of Canadian Reserves



Prayer List of United States Reservations






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"All they asked was that we should continue to remember the poor, the very thing I was eager to do."

Gal. 2:10


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All Donors Receive a Free Subscription to the CAICW "News and Update," with new information not always posted online, including family, legislative and court updates and efforts.

Click Here to CONTRIBUTE

Funds contributed to the General Fund are separate and apart from other organizational funds and will be used exclusively for charitable reasons related to Charitable, Religious, educational, and scientific purposes.

CAICW is a U.S. 501c(3) Public Charity

and

a registered Extra-Provincial Society in Alberta, Canada


____________




For a printable Membership form,
Please click:
Join us




Contact us at
Christian Alliance for Indian Child Welfare


PO Box 253, Hillsboro, ND 58045 - 0253




Email us at:
writeus@caicw.org

"All they asked was that we should continue to remember the poor, the very thing I was eager to do."

Gal. 2:10

  

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Letters from Familes hurt by ICWA

 

The Law Offices of O. Yale Lewis III Focuses on Client Care

The Letters Below are Posted for the Purpose of :

        • Prayer - (Identifying information has been omitted.)
        • Families learning they aren't alone: Someone has a story similar to their own
        • Educating Others: Illustrating how widespread and harmful these problems are

        Thank you for taking the time to read these original letters from birth parents, grandparents, foster families, and pre-adoptive families with multi-racial children negatively affected by Indian Child Welfare Act (ICWA). Except where birth parents have requested otherwise, Identifying information has been omitted to protect the children. So, as clarification for legislators that have asked - YES - These letters have come from many different states. And NO - the tribes involved are not always from the same state as the child. ICWA allows tribes to petition for jurisdcition across state lines

Are these families receiving Due Process and Equal Protection? ..

(Some of these letters were not originally posted at the time of their writing due to the illness of CAICW co-founder Roland Morris, who passed on June 9, 2004)

Contact us

 

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78) March 26, 2009

Dear CAICW, Hello. We live in northern Virginia. We have a beautiful 3 month old little girl that we are in the process of adopting. That was until a week ago Monday, March 16th, when our nightmare began. We should probably start at the beginning. For our adoption process we have been on a national network which has given us choices among various birthmother scenarios and agencies to consider having our profile sent to. After being selected by a different birthmother only to have her miscarry, we became aware of the our Baby's birthmother and her scenario. Her information stated that she was a member of the Omaha tribe but the birthfather was not. He was supposedly an Africian American married man. She also was no longer living on the reservation. She did not have anything positive to say about the reservation and/or living there and wanted to protect her baby from that environment. Her agency had spoken to us regarding ICWA and yet we believe that it was misrepresented. The major point that was emphasized was that we would have to spend 3 weeks in Iowa after the baby's birth because of ICWA law.

We had been told that the tribal counsel would have a say in approving the adoption. We questioned whether the tribe could take our future baby away and we were told that they dealt with these scenarios alot and it was rare and there would be legal remedies that could be applied if it did happen. It shouldn't affect us. We didn't know any better, so we proceeded. The birth mother selected us and we spoke with her 4-5 times up until December 22, 2008 when she went into labor (2 weeks sooner than what we had anticipated). Her due date changed in the 3 months that we had been communicating with her. We spoke with her afterthe baby was born and told her that we were on our way that same day.

Her mother and sisters, who live on the reservation, spent time with her and Baby the night she was born. They began trying to change her mind regarding placing her baby with a non-Indian family. We have been told now, by our lawyer that this has continued for the past 3 months. She has 2 other boys that she does not have custody of since she is an alcoholic. They live with their father on the reservation. We were not aware of her alcoholism until after we arrived in Iowa. When we found out that she was in labor, we also found out that the information we knew regarding the birthfather was a lie. He is a 21 yr. old member of the Omaha Tribe, living on the reservation. He was not aware that she was even pregnant or that she had chosen to place the baby for adoption. We were later informed that the attempt to notify him of the pregnancy, birth, and pending adoption did/could not occur until after the ICWA consent hearing. That seemed a little late to us but we were advised that this was ICWA law. Upon arriving in Iowa, December 23rd, with Karen's mother, we immediately began caring for Baby.   The birth mother was discharged from the hospital December 24th. Iowa law states that custodial rights can not be terminated until 72 hours after birth. Both lawyers decided to push that back 24 hours more so that she would not have to sign over her custodial rights on Christmas day. We spent this additional time in an exam room off the hospital nursery caring for Baby. the mother signed over her custodial rights on December 26th without any issues. An at-risk placement was then initiated between us and our lawyer and we were able to take Baby back to the hotel. The ICWA consent hearing was not held until 18 days after birth. We knew that we would have to wait 10 days. During this time, per the mother's request, we took her out for dinner so she could see Baby. At no time did she seem to be changing her mind.

The 8 day delay in the ICWA consent hearing was because the mother conveniently made herself unavailable to the lawyers and us. She did end up going to the ICWA consent hearing on January 9th. Our lawyer did not anticipate any additional "hiccups." We were given the go ahead to return to Virginia, Friday, January 16th. We had already agreed to have lunch again with the mother so we had lunch and also took her to a possible job interview that Friday. Everything went well. We left Iowa and headed for home on Saturday, January 17th. Upon arriving back in Virginia, we began our incredible life with Baby. . She has adjusted and bonded well. She is developing perfectly and meeting all the appropriate milestones. We were informed that the proper proceedings for notifying the birthfather and tribe had been started and the termination of rights hearing had been set for Monday, March 16th.

Two months out seemed a bit far off but we figured that our lawyer was allowing for all the proper notifications to occur. We began our post-placement interviews with our caseworker. The 1st one was February 7th and the 2nd one was March 14th. Our lawyer's office told us that if there is going to be a issue with the termination of rights hearing then they normally hear from the tribe or lawyers the week before the hearing is scheduled. That week came and went without any news. We thought everything was progressing well until Monday, March 16th. Basically, the birthfather, his mother and sister arrived at court without a lawyer stating that they wanted the baby and had not abandoned her because they did not know that she existed. They requested a court appointed lawyer and then were told by the court that they were not eligible because the father makes $9/hr. working 40 hours a week at the casino on the reservation. At this hearing, the birthfather, his mother and sister also requested that this case be transferred back to tribal court.

the birth mother was in court with her lawyer. We were later told that she had an idea that the birthfather might show up at court and had basically decided that if he did she was not going to fight him. Both our lawyer and her lawyer had spoken with her about how she was going to need to once again articulate that she had chosen to place Baby with a non-Indian family and state our names. She did not do this in court nor did she say that she did not want the transfer back to tribal court to occur. We have been told that she is the only one that can stop the case from transferring. The judge set a continuance hearing for May 21st. Yes, an additional 2 months away. While the mother was traveling home with her lawyer, she verbally stated that she wanted to revoke her ICWA consent for adoption and she did not want to stand in the way of the transfer to tribal court. Her lawyer asked her to come to his office the following day to sign the paperwork so he could submit those desires to the court. She did not show at her lawyer's office the next day. She is conveniently unavailable - doesn't answer her door, doesn't answer her cell phone, landline phone is disconnected due to lack of payment. March 16th and 17th, our lawyer and her lawyer basically began preparing Matt and I for the transfer of Baby.

The mother had previously told her lawyer that she did not have the money to fly to Virginia to get Baby. The lawyers were in communication with the ICW worker to see if dad, grandmother, or someone from the tribe would be able to come. To the surprise of our lawyer, we have now gone over a week and no one has heard from dad and/or grandmother. No attempt is being made to bring Baby back to Iowa so they can begin to raise her as they so desire. We have been reminded that we could possibly have to return to Iowa with Baby because of the placement agreement we signed with our lawyer. This is what we are currently being told: - if we return Baby right now, she will be placed in foster care (either state or tribal) until the May 21st hearing - we are not being encouraged to do so - if birthfather or grandmother want to come to Virginia and get her they can and/or we basically just "babysit" for another 2 months knowing that we are going to lose her - basically live 2 months in a state of limbo - grieving for and caring for this precious bundle simultaneously - the case has already been requested to be tranferred to tribal court so if the birthfather says on May 21st that he does NOT want Baby we still can not have her because the case would still go to tribal court and they would decide what would happen to her - keeping her within the tribe - the ONLY way we can keep Baby is for the birthmother to show up at the May 21st hearing and state in court that she does not want the case to go to tribal court and she stands by her ICWA consent for adoption - she can revoke her ICWA consent for adoption all the way until the final decree for adoption (something we were not told until March 16th)

We are Christians and truly believe that God can rule and overrule. We also believe and know that Baby is His and He loves her more that we do. As her parents we want to fight for her and yet don't know if our lawyer is doing everything that she can. We want to trust her and yet it is incredibly hard to be told that we must sit and wait for the mother, a compulsive lying, alcoholic that conveniently disappears, to show up in court and stand by and articulate her previous words. Can you help us and/or connect us with someone who can? Is there anything we can do? Thank you so much for your time and consideration.

 

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77) March 11, 2009

To whom it may concern, We are foster parents to a little girl, age 3yrs 2 mos. She came to us at 2yrs 4 mos., in April of ‘08, so it has almost been a year now. When we picked her up at an emergency rendezvous at Wal-Mart at midnight, we knew nothing about her, except that she had siblings. We quickly learned that she had been horribly beaten, and worse, neglected/starved to the point of a bloated belly, hair loss and complete apathy, no language and a developmental delay. She had a fractured skull, and numerous other injuries. As we later learned, she had been substance exposed and removed at birth, then reunited after a year in foster care only to have suffered greatly at the hands of her birth mother/boyfriend (we are not sure which or both). The mother has various substance abuse issues (meth and alcohol at least). This child, among the birthmother’s other children, was singled out for abuse. She alone was not fed and took the brunt of the beatings. In July ’08 we learned that she is part Native American, though how much we do not know. ICWA did not take the case until October. Since then the mother was incarcerated on aggravated DUI charges. She is out now. The case plan is still for family reunification, even though all parties (except birth mom) have noted that birth mom favors the other children. There are 3 different dads for birth mom’s 5 children. Her current boyfriend is the father for the other two remaining siblings that are still in foster homes (her other two sons have been placed with their fathers). He is not her father. As far as we know; the birth mom is the Native American, though all the case workers have been very hush-hush. Her birth father has never participated in any of the custody proceedings. We fear that this child will be sent back to live with her birth family, at great danger. The mom is not bonded with this child, and L was so traumatized when we got her-both physically and emotionally. She has just blossomed with us, and we would be happy to adopt her.

Does anyone know someone that can help us? We have a GAL, but would like to get as much help as possible. Since learning the case was moved to ICWA I have spent a lot of time researching ICWA case law. We feel really helpless to help this little girl. She has already been in 4 homes and has had bonding and attachment issues. To us, although I understand the basic premise of the ICWA law, it seems almost like it is reverse discrimination. Her GAL told us if it were a regular CPS case they would already have moved to terminate parental rights. But because she is part Native American, she has to be subjected to torture and neglect. I am certain this was not what the laws were designed for. If anyone knows someone who could legally assist us, please give us the contact information.

 

 

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76) March 10, 2009

Hi there, my name is............. I am the Grandmother of 2 small children. One, a grandson, 4 years old is of non native blood and no tribal affilation, I practically raised him up until late 2007 when I moved to Nevada. The other, a newborn granddaughter’s father is a registered ________ tribe member. CPS has taken custody of both children and will not split the children up. I am trying to get my state, Nevada, to work to get them out of foster care, I have a stable home environment. All parties have had the initial meeting to discuss possible outcomes, and for now they are saying they will keep the kids in foster care for as little as six months up to fifteen depending on whether the parents can complete whatever treatments the court levies on them to regain the children. I would have gotten custody of them if I did not live in Nevada, they are trying to keep it where both parents can visit the children while they fulfill their obligations . Both parents have alcohol, anger and drug problems as well as a history of domestic violence. ...

The (other) Grandmother has expressed the interest to split them up and take the baby, but I know CPS does not want to split the children. The CPS investigator has admitted that this is her first case involving ICWA, and she has expressed a possibility that BOTH children could end up going to a different state under ICWA?? Is this possible, that would be defeating the whole purpose of why ICWA was passed, and in my eyes theft of a non Indian child and not in his best interest. I have a stable home and need help, I have contacted both CPS in Nevada, who needs the other state to call them. The first court case is the end of the week, and I am not getting any answers………….should I be filing for temporary custody?? I cannot allow them to take the baby, let alone a child of non-native blood from a different father. I am on a tight budget and cannot afford a lawyer. I am looking for someone who knows ICWA that can give me guidance in this situation before it is too late for my Grandchildren. Thank you for any and all help, I am terrified for both children

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75) February 25, 2009

I am a foster parent. We had a baby placed with us when she was 3 days old. She is now almost one year. She is part Native American. The mom decided that she would like us to adopt. We are not Native American. The tribal representative agreed to the adoption. On the day of the placement hearing a new tribal representative filed a motion to intervene, indicating that they would not allow us to adopt and that they would be moving her to a foster family on the reservation. We are looking for any connection or help that we can find to fight this. We are still just baffled that the tribe puts the best interest of the tribe before the best interest of the child. Any help or guidance you can provide would be very much appreciated.

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74) February 10, 2009

I am an enrolled Santee Sioux . I had a son 5 and a half years ago who has lived all of his life with an non indian family they recently asked if they could adopt my son. I said why not. My son does not qualify for enrollment. The _____ tribes of __________ said that they were not in support of the adoption and want to remove my child from the home that he has lived in for all of his life. and place him in a TRADITIONAL family. I am 1/8 making my son 1/16 the ____ reservation is one of the most violent places I have ever been. I have traveled all over the USA as I was a transient for years before my sons birth. I am horrified that they are trying to do this. "family" who have never cared if I was alive or dead. are now going to steal my child. I had horrible abuse and violence happen to me while living on the reservation there I was raped beaten and left to freeze to death by gang members their. I am terrified of that place and do not believe that my child will even live to be an adult. Do you know much about this can they do it I am scared . I am scared for my child. thank you very much for taking the time to read this email

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73) February 2, 2009

My husband and I are foster parents. In April 2008 we received placement for a 3 month old baby, whose mother had gotten picked up and sent to jail. Here we are in Feb 2009 and we still have her. We have expressed wishes to adopt her but CPS told us that the tribe (Navajo) who also happen to live over 1000 miles away, want her. They have never asked for her , her “relatives” have never asked for her but yet they want to place her with them. We are the only family she knows….What can we do?????

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72) December 22, 2008

...a week ago I received a phone call I thought I would never receive. A caucasion baby boy was born under the safe haven law and needed a family. This is what we were told anyway. By friday, we found out that the baby whom they had us name, that he was of native American heritage. It turns out the social knew the next day and didn't say anything to us. We were kept in the dark and blind sided. I feel like my heart has been ripped out, stomped and spit on! How in the world am I going to know that my baby is going to be safe? How can they say taking a baby out of a loving home the only home he has known is in the best interest of the child????? How can we go about getting the law to be ammended to actually be in the best interest fo the child. How can the system use a couple and toss them aside like they don't matter? They were so cold and uncaring. I have lost all faith in the system and will pray for the poor children who are/will become a victim of it!

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71) December 2, 2008

Hi there... I am trying to find out a couple of things. There might be a private adoption situation that we might be considered for. The bio father is caucas. the bio mother is 1/2 or 1/4 Indian. She doesn't receive benefits...does this child need to be cleared from the ICWA? Can that be done prior to the birth? Is there a rule like 1/16th and they don't have to be cleared-anything like that? Thank you for your time-

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70) November 11, 2008

I'm looking for help or information on guardianship. I read on your website that the biological parents can petition the tribal courts for custody. The child has been in foster care since birth and I am the foster parent also a tribal member. Could this happen. If someone could answer my question I would greatly appreciate this. Thank You

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69) September 23, 2008

Lisa,  Thank you for sharing from your heart at the conference in Wahkon.  My wife really wished she could be there and I would like to introduce her to you.  I've copied her with this email and if you would be willing to chat with her over the phone I'd appreciate your sending her/us your phone number.  I hope you found your visit a blessing.  Your good courage shown as you share this message is appreciated.  God bless you all and have a great day

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68) September 8, 2008

I am a case worker with _____ County Job and Family Services I am tying to get a contact phone number to speak with someone regarding a current case of three children that are part Indian. 

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67) May 29, 2008

I recently found your website and my attention was drawn to an article written about the ICWA and the Warm Springs Indian Reservation.  I cannot comment on the article, but I am interested in your program.

I will read more about your program and I hope to learn from you.  I am a tribal member and I have fours sons ages 18 to 6 months.  I have experience on both sides of the judicial system. 

My parents were from two different tribes and I believe my non-tribal member mother experienced similar issues, I cannot prove them because she is deceased.  Only recently learning how the system operates makes me believe she experienced these issues.  

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66) May 29, 2008  

I have the opposite problem I want to move jurisdiction to tribal court from state court. I am native and so our my children. I've read
countless stories of children being removed from their homes and it is sad. I feel where you are coming from. But trust me it's just as hard for me to have my cased moved to tribal court. I feel my children and I have a chance to remain a family in tribal court than to be racially profiled in a state court. If you know of any laws or cases that would justify our tribe of having jurisdiction over us please let me know.

 

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65) March 3 , 2008

I am an adoption counselor at a private agency.  I am working with an expectant mother who has chosen to place her baby for adoption with our agency.  She and the birth father have found a family they want to raise their son and their adoption will be open.  The birth mother is ¼ Native American and not an enrolled member and the birth father has no heritage.  The birth mother placed two other children for adoption in the past with the tribes blessing.  Now, the tribe has said they have chosen a family on the reservation to adopt this baby and they will not budge.  We thought that the child had to be an enrolled member or one of the birth parents in order for a tribe to take a child – especially in a voluntary relinquishment.  Do you have any information that would help us? Thank you

Response - Disclaimer - I'm not an attorney, and the only advise I can give the couple is to get a good attorney as soon as possible.   Too many families don't get an attorney right away, thinking this isn't a big deal, and it really is.   They need to find a GOOD attorney that knows the law well and is able to fight for the family's rights.  Encourage them not to settle with an attorney that is going to roll over for the tribe - afraid to stand up and demand that the law be followed.   Too many tribes, having more money and access to attorney's than many of the low-income families in situations such as this - can be somewhat bullying, and sometimes push for their will even if it has nothing to do with the law.

.... as I understand it, one parent to another - If the mother isn't enrolled - the tribe shouldn't be able to usurp the birth family's wishes.  Again, I'm not an attorney and am not giving legal advice. That's just what it seems it says - (1903 (4) - printed on our website) - -  http://www.caicw.org/icwalaw.html )

......get an attorney right away, try to keep in county or state court rather than tribal court, and make it clear from the start that this is NOT an ICWA case, as the mother is not enrolled.   Keep that mantra up.  This is NOT an ICWA case.  Get that nipped in the bud right away in order to get this over with quickly - with the least amount of cost.  

Further - 1911 (b) "absent objection by either parent" - It seems to me that this is saying that the tribe can transfer the case to tribal court, unless one of the parent's objects.  Again, I'm not an attorney - but I would tell the state court, if it were me, that I strongly object to any type of transfer. 

And don't forget to pray - we've see amazing answers to prayer. 

Bless you all - I pray that the best interest of the child is truly upheld, and the child is placed in the home God has prepared for it. 

UPDATE March 4, 2008

Thank you so much for your quick reply.  Your information has helped me understand the ICWA law.  We have contacted a very good attorney.  It is clear by this tribe’s own membership code that the child must be ¼ blood quantum and have a biological parent who is a member in order to be eligible.  This child is 1/8. Although I think the adoptive parents would most likely win this case, the cost of litigation (financially and emotionally) has to be seriously considered.  It is so sad that the birth parents may not get their first choice in families because of this.  The family has to be willing to endure thousands in court costs.  Thank you so much for the work that you do. Blessings,

 

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64) February 22, 2008

I am a Native American disable single father....
I have been fight for my son for over 3 years now. Welfare stated that ICWA did apply in my case in court the ....tribe has did nothing to help me or my son, the tribe stated that ICWA did not apply in my case as well WHY I am Indian and my son is Indian we are tribal members with a roll number, but yet DHS stated it don't; why is this...I have brought this up with the B.I.A in portland oregon and nothing has been done on this matter of my rights and my son's rights,were my son is in this foster home my son is being abused. I do have picture's I gave copy's to the tribe they did nothing? I have written letter's conplants on the caseworker's. I am asking for help as my tribe has done nothing and will not do anything .... tribe has done nothing to help our people nor will they do anything but for there one family's and friends and there friends and so on. I want to know what my rights are as a Native American and is there any native American attorney's that work in oregon, thank u

Response - I wish we could help you figure out what all is going on with your son.  We aren't attorney's, though, and so really don't know.  We're parents, like you, who are trying to figure out what's best for the kids God gave us.   In general, though, ICWA does give the tribe the right to decline an ICWA case.  They can look at a situation and decide that they don't want to change what the DHS is doing.    I pray that God guides you and shows you what it is that you can do to make things better and gives you comfort while you wait for answers.  And I pray that the Lord puts His hand of protection over your son. In Jesus' holy name - Amen

(1911 (b) ( printed on our website - -  http://www.caicw.org/icwalaw.html )

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63) January 23, 2008

Our family has been devistated! This happened last Thursday about 3 in the afternoon:
This is a story about a little 61/2 year old girl, my Granddaughter....  She is half Navajo Indian. I have included a picture. About 6 years ago they lived on the Navajo reservation in Arizona, her Mother was using some heavy drugs and she and my son, began fighting. Lets call her (Mother)...,  

My son didn't want his daughter around the drugs, the fight grew until (Mother) told him to get out, he wouldn't leave without his daughter, she finally told him to get out and take the kid with him.    We sent him a bus ticket and he and the 6 month old baby came to live with us.   Sounds pretty much boring so far doesn't it?  

He was legally married to (Mother) and she wanted nothing to do with him.  He couldn't get a divorce due to our wonderful Federal law that says "you cannot take an Indian child away from an Indian" the child will go to ANY Indian before it would be place with a "white" person, they don't even have to be an aunt or cousin, just Indian.  

(they) stayed here in Missouri with us and worked and took care of (granddaughter).    We could not possibly love (granddaughter) any more than we did or do.   (Mother) would call every 8 or 9 months and ask (son) for money.  She was not the least interested in how (daughter) was.  She once called when (daughter) was 4 and wanted (son) to quit his job and bring (daughter) to Arizona so she could see her for a week, then he could have her back.  This is how she thought it would work.   (my son) could not get a divorce due to the law protecting the Indians and the fear of losing (daughter).  He worked he came home he took care of (daughter), we all did.   Several years went by, 6 to be exact, (they) have moved to Dallas to live with his sister to get a better job.  (granddaughter) goes to a wonderful school, she goes to church, she has friends and family who love her very much.  

We started getting letters from a lawyer in Arizona at my house here in Missouri and I sent them on to (son), the letters said that (Mother) was trying to get (daughter) and was suing (son) for custody.   (son) got a lawyer, a group of lawyers actually that are suppose to just help Dad's get their kids.  They sent for all the papers that (Mother) had ever filed and come to find out she had been filing papers since 2003. It took over a month to get the papers from the Indian courthouse. With all sorts of excuses about people being on vacation and not able to send the papers.   She had talked to (son) on the phone several times during this time and never mentioned any of the lawyer stuff.  She did talk to him about wanting a divorce, but never said anything about (daughter).    She didn't even know (daughter).    It has been six and 1/2 years.  

(son)'s lawyers advised him to contact (Mother)'s lawyer to let them know his whereabouts, so that they could serve him with the court papers and then the lawyers could go to court for (son).   (Mother)'s lawyers got (son)'s address. Filed a injunction from the Navajo court which is Federal.   5 Police cars came to (son)'s house yesterday and told him they were there to take (daughter).  They went to day care and took (daughter).   

(Mother) was there to collect her daughter.  (daughter) was crying and screaming she didn't want to leave her Daddy.  (Mother) told her that she had been looking for her for a long time and her Daddy wouldn't tell her where she was.   (Mother) has always known where they were, she has talked to them on the phone.    She lied and told the Indian court that (son) kidnapped (daughter) when in fact she told him to "take her and get out" She lied and told the Indian court that (son) was hiding (daughter) when in fact she has had his phone number and our phone number has not changed.   Had this been a "non-Indian" court, they would have maybe given the Mother supervised visitation at least for a period of time for the child to get to know her.   The Indian court believed everything (Mother) told them and they swooped in and collected (daughter) like this family never even existed.  The sent her off with no clothes, no toys, no books, (Mother) wouldn't even take (daughter)'s coat.  

I know I may sound like just another crazy old lady, but this is just wrong as wrong can be....   For "our government" to allow this kind of treatment of a child is criminal, just criminal, we have dogs in this country that are treated better.   Now, in order to possible if ever get his daughter back, my son will have to fight this in Indian court in Arizona, he has to hire a lawyer, minimum $3000.00 just a retainer and that is ridiculous because the Indian court can just postpone and postpone and (Mother) will just never show up with the child...  

(Our son) had (daughter) for six years and never collected any government assistance, he worked and took care of his daughter.   He hired a lawyer. He followed the rules.   We loved that little girl more than any words can express.   We may never see (daughter) again.   This is just wrong as wrong can be!  

One devastated Grandmother  

Response to my response -    

Dear God someone help us please. 
 
Thank you so much just for reading my letter, I am so lost as to know what to do, where to go or who to trust.   Yesterday, I stayed home from work to get a lawyer for my son, we were told by a lawyer where I live that we would have to have an Indian Lawyer from the reservation, in order to do anything,
 
My daughter and her husband took out a loan for a $3000.00 retainer and we hired a lawyer, we faxed her all the papers that (Mother) left when they took (My Granddaughter) and she studied the papers and said that there was only a very slim chance that we would ever see (daughter) again.
 
The papers are ridiculous!!!
 
Evidently, she had been filing papers since 2003, and all the time talking to (son) on the phone at my house and him sending her money.
 
First she said that (son) kidnapped (daughter), and she didn't know where he was. When in fact, her own mother and her took (them)  to the bus.
 
Then she said that he was at my house and when she would call my house to talk to him, I would answer the phone and either lie to her or "make loud whooping noises" (like an Indian) into the phone. I have never heard of anything so crazy! I have an answering machine, if I didn't want to talk to her, Oh my goodness.
 
Now, the lawyer that we hired yesterday is saying that because my son, spent a year moving around trying to find work, (ONE YEAR OUT OF 6) that he is unstable, even though, he lived with (daughter)  in ONE PLACE with his father and I for 5 solid years. He worked, he supported his daughter, he has never had any government assistance....  
 
So, because of this year, that (son) spent trying to make a better life for he and (daughter) , the lawyer is telling us that he has a "very slim chance of EVER getting her off the reservation! He has a good job now, he is in a apprentisship program for management.
 
I really don't know how to go on, I read in the paperwork (Mother) left, that becuase she is suppose to be employed and making $7.00 an hour, that SHE is ABLE to PROVIDE for (daughter) , and  (son) must now pay $475.00 a month child support!... 
 
How, dear God HOW, can they take this child?, child who has never done anything to ANYONE and RIP her from everyone she knows and loves and throw her into this?
 
She didn't even have a change of clothes,
She doesn't have her BLANKET!
How can MY GOVERNMENT TREAT A CHILD LIKE THIS?
HOW CAN THIS BE RIGHT!

....I am just praying that you know something that I don't know, something that will help, anything,     One devastated Grandmother

 

UPDATE January 24, 2008

God Bless you, Thank you so much for caring, I am having a really bad day today, yesterday I felt like we had some hope, this morning I am right back to scared to death and wondering what must be going through (granddaughter''s) mind. I wonder if she is cold,if she has any clean clothes and if she is hungry. I wonder what they must be telling her when she says she wants to go home. I am just really having a bad day I guess.  I can't figure our where God is and why this should happen to her. I have always beilieved that God is in control, today I just don't know.

UPDATE January 26, 2008

I am at (Son's house), he found out yesterday that he has to be in Arizona for court about the "Order to Return the Child to Texas Immediately" court will be either Wed.,Thurs., or Friday. Is there anyone from the Christian Alliance in the Window Rock area that may be able to attend court with us?  I just thought it wouldn't hurt to ask, you never know unless you ask sometimes.
Thank you for being there,

UPDATE February 2, 2008

We are still waiting for a court date for the "return the child to Texas" order, our lawyer said last Thursday that the judge was looking over the papers that she had filed and would decide how important he felt the case was as to how soon we would get a court date.
 
I probably have lost my job as I came to Texas to go to court this past week with (Son) so he wouldn't have to go alone and we never got a date to go, so maybe it will be next week, who knows.  But, two weeks off work isn't good at a job I just started and didn't have my 90 days probation in yet, even though they told me to go be with my son, I doubt that they meant to stay.  
We also had to retain a lawyer here in Texas this past week to file for custody in what is considered (Granddaighter's) "home state" however the way the tribal court sees it, the reservation is her home state. The lawyer that we got here for the custody wanted to know if I could get any information about living conditions on the reservation and I thought that you may have that. Please let me know,
 
I really appreciate you being there.

UPDATE February 13, 2008

...things are not good,by any means.  The Tribal Supreme Court Judge, has been sitting on the motion to return the child for 3 weeks now, 3 weeks, (granddaughter) has been out there a month now and we have not talked to her or even know where she is for sure.  This is wrong on so many levels.  This child has done nothing to have to go through this.
 
We have talked to newspapers and tv reporters ....no one wants to get involved, Everyone just hides behind,"OH thats a child cusody issue" So they can't help.
I asked one reporter here in Texas why are there stories on the news about dogs being abused and nothing about what is happening to our children?
   
....I guess I have to go back home Friday, I have been here waiting for the court date that never happens for 3 weeks now.
 
Please please, pray that God will lead us to the money for the attorney's .  We just don't have it. It looks to me like the plan on the Indian Court side is just to sit it our until we are out of money. At this rate it wont be long....


UPDATE February 15, 2008

A six year old child was illegally removed from her Father January, 17th 2008 with the help of ... County DA's office ....
 
... police telephoned (DA)requesting advice after 2 members of the Navajo tribe showed up at the police station producing a paper from the Navajo Tribal Court giving the child's mother temporary custody. After faxing a copy to DA and DA reviewing the document, DA advised the police to turn the child over to the mother.
 
The police then traveled to the childs daycare where the six year old little girl was sent crying and screaming with 2 complete strangers to travel to Arizona to the Navajo reservation.
 
According to ....County Standing Orders regarding children, property and conduct of parties, IT IS ORDERED:

1.NO DISRUPTION OF CHILDREN  Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this cause.
1.1 Removing the children from the state of Texas, acting directly or in concert with others, without the written agreement of both parties or an order from this court.
1.2 Disrupting or withdrawing the children from school or daycare facility where the child is presently enrolled, without the written agreement of both parents or an order from this court. 

It is my opinion that DA took one look at the letterhead from the Tribal Court of the Navajo Nation and had no clue what to do.  She gave her legal opinion which was wrong and aided in us loosing our child.
 
Going on 4 weeks now we have had to retain 2 separate attorneys,one for the reservation one for Texas.  The child is and was a resident of Texas there for Texas had and still holds jurisdiction. We have had no contact with our child nor she with us since she was illegally taken.
 
She is six years old and torn from the only family she has ever known and loved and taken to a place not unlike a third world country.
 
What must be going through this little girl's mind?

UPDATE February 18, 2008

...We can't even get in touch with anyone who can tell us where they are.
The phone numbers (they) gave us have been shut off.  We have no court date, because the judge is just sitting on the papers. We don't know anything, our lawyer doesn't know anything, it's like we live in the "Twighlight Zone", I am 53 years old and never thought that I would live to see something like this in my lifetime.  .... nobody cares, they stole our child, she is gone as far as we can tell never to even be seen or heard from again.  People just don't seem to understand my world stopped January, 17, 2008

We can't even get (other party) served, something about the "advocate"that she has is "KNOWN" for helping people avoid being served.

As long as she can't be served, she keeps (Granddaughter), how is this right?

.... People look at me like I am making it up.   I barely have any hope left. I'm really glad that you are there and that you understand, I have no one to talk to who gets it.

UPDATE February 20, 2008

Did you get to talk to anyone yesterday?  Any new ideas this morning?  I need a reason to keep going.

UPDATE February 22, 2008

I just got a call from (Daughter) , it seems that (Attorney from Rez) called (Attorney in Texas) .....  said that the Navajo Supreme Court made a decision that is; 'The Navajo's have jurisdiction over ALL Navajo children' so she does not have to be returned to Texas....

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UPDATE March 14, 2008 - letter to Senator John McCain staffer:

Mr Currieo,
 
Please, can you tell me anything that is being done about (My Granddaughter)?  
In a couple of days it will be 8 weeks.
 
Over and OVER the Tribes have done the same thing and they continue to do this until we (non-Indians) don't have the money to fight to get our children back.
 
Our family has done nothing wrong here, yet 'WE' are the ones who have to find lawyers just to 'ATTEMPT' to ever see our child again.
 
Do you realize we had to call over 25 lawyers just to find one that would EVEN GO ON THE RESERVATION?
 
God must be shaking his head and asking himself, 'What in the world?'
 
Dear Mr. Currieo this is our baby, our child, a living breathing HUMAN BEING, not a peice of property! She has been ripped away from the only home and family that she knows. Why is this allowed to go on?
 
Please, I know there is something SOMEBODY CAN DO.
 
Please, I am begging and I have never begged for anything in my life.
 
We don't have a home we can mortgage.  We are at the END of our funds.
Are we suppose to just GIVE UP, GIVE IN?
 
THIS IS NOT RIGHT!
 
Dear God in the name of everything that is RIGHT...., PLEASE HELP US!
Help (My Granddaughter) before its TOO LATE.

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62) January 14, 2008

I will try and make a long story short. (Baby Girl) came into my home when she was nine days old (June 14, 2006).  I knew at that time she was eligible for membership of the Choctaw tribe.  As a foster parent it is my personal policy not to take a child that I would not be able to adopt if parental rights are terminated.  I believe this to be in the child's best interest, and my family's best interest. 

I contacted the tribe's child welfare worker and was told that this would not be a problem.  She told me that it is preferred to keep children in the tribe, but she did not have many tribal homes in the area and she would not push it. There was not an appropriate kinship placement at this time. 

On August 11, 2006, (Baby Girl) went for a trial re-unification with her birth mother.  I assumed our time together was over.  On October 20, 2006, (Baby Girl) returned to my home, and it did not look as if re-unification would happen.  There was still not an appropriate kinship placement. 

I had voiced my interest in adopting (Baby Girl) to the child welfare worker.  I again called Choctaw Child Welfare asking about adopting (Baby Girl).  She stated that she could not discuss it with me.  The supervisor responded that she would provide names of Indian adoptive homes, but the ultimate decision would be for the judge. 

This is the same response I got from DHS child welfare.  (Baby Girl)'s birth mother relinquished her rights in January 2007.  An out of state cousin agreed to take (Baby Girl) after that, so an ICPC was started.  Everyone kept telling me that the longer this took the better my chances of keeping (Baby Girl). I was also told that if the ICPC was approved, that did not mean an automatic approval for adoption. 

The first week of August 2007 I received my 5 day notice to have (Baby Girl) ready to move.  I immediately notified my attorney, and filed for a court hearing and stop the transfer.  The last week of August 2007, we went to court arguing for (Baby Girl)'s best interest.  I believe we proved staying in my home was in her best interest without any doubt.  Closing arguments on our behalf were not only made by my attorney, but (Baby Girl)'s attorney, and the District Attorney as well.  Unfortunately, the judge said he just could not go against ICWA.  My attorney and I went back to court because he did not address the good cause and best interest statutes in the ruling.  We went back to court and the judge stated it was in her best interest to be transferred out of state with the family because I would never be able to adopt her because I was not Indian therefore (Baby Girl) would never be able to achieve permanency. 

I do not study the law, but I do not believe ICWA is a mandate written in stone.  My daughter was taken away from the only family she had ever known, to live in a place she had never been, with people she had never met. How is that protecting her? There is policy and statue for best interest.  Why doesn't this prevail?  I apologize for getting of on a soap box.  Anyway, the order seems to be floating around somewhere out there.  It still needs to be signed and filed.  So, I still have time.  Is there anything you can do to help me?  Is there someway to get around ICWA? Do you have any advice?  Do you know anyone that can help me?

(Baby Girl) has been away for 4 months now.  I have 30 days left to file an appeal.  Her brothers, grandparents, and myself would love to have her back home.  Financially,  I can't afford to fight.   I don't know that she would even remember us now.  What would you do?

Thanks for your time!

UPDATE February 8, 2008

...she says I have a few different options.  All will take lots of time and money.  She has to meet with (attorney) and a letter will be sent explaining my options and costs and then I can make my decision. I'm just waiting for that letter.  It's been a week.

 

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61) December 22, 2007

Hello,
I have created a myspace page called: fight_icwa, and I would like your permission to add a link to your site, or a banner if you have one. ...

My interest in ICWA stems from work with the local court systems, a personal experience and having witness the devastation it has visited on some children. Thank you so much for your time, and have a very happy Christmas.

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