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Wednesday, January 22, 2020

Defending ICWA

The Necessity of the Indian Child Welfare Act HERE

Congress today has substantial and sweeping powers over Native nations and Native people, including the authority to abolish tribes and tribal reservations, and to expand or restrict tribal authority. These powers come from a series of Supreme Court decisions in the late 1800s and early 1900s that were based on racist views about American Indians—that Congress needed virtually unlimited authority over American Indian affairs because Natives were not equipped to govern themselves. The Court reasoned that Natives’ “weakness and helplessness” gave the federal government “broad domain” over them; later cases pointed to Natives’ “condition of tutelage or dependency.” Those decisions gave Congress more power when it comes to Native affairs than it has when it comes to taxing or spending or regulating interstate commerce.
But over time, these cases have come to produce different results. These same decisions have empowered Congress, in recent years, to protect Native families from various new and old forms of discrimination, imperialism, and white supremacy. The U.S. Court of Appeals for the Fifth Circuit is poised to decide whether that will remain so. It will hear the case later today.

Oral Argument

More articles:




 

Tuesday, January 21, 2020

Happy for New York Adoptees

19 Jan 2020 by TAO


Adoptees from New York now have the right to their original birth certificates; in the first 48 hours 3600 online applications were made. There’s an estimated 650,000 adoptees from New York per this article: New York Adoptees Rush to Request Birth Certificates, After Years of Blocked Access. Adoptee Rights Law has details on how the new law works: Updated Info on New York’s New Law
Congratulations to everyone who has fought to change the law in the last 40 odd years and to all adoptees from New York. Now the challenge is to get the changes made to the NY Law known by adoptees from NY, seems easy but there are still adoptees from states who have changed the law regarding their original birth certificate, who have no idea they can order theirs.  ­čö╗


Briefing Completed in Advance of This Week’s Oral Arguments in Brackeen [ICWA]

The Fight for Birth Records in New York #OBC

Tim Monti-Wohlpart always knew he was adopted, but what he didn't know is how hard it would be to find his birth parents.
Because he was adopted in New York, he had no legal right to see his original birth certificate."We don't just have a policy about having sealed records; we have a culture of secrecy," Monti-Wohlpart said.
After a health scare, Monti-Wohlpart was determined to track down his biological mother, in order to fully understand his medical history. It took two years, a lawyers, investigators, and money.
"When I found my birth mother, it afforded me the opportunity to find out more complete information about myself, heal in many ways, and celebrate my fuller identity," he said.
From there, Monti-Wohlpart took his case to the state legislature, on behalf of all adoptees.
"The first New York bill of adoptee rights was introduced during the Cuomo Administration — the Mario Cuomo Administration, I believe 1994," Monti-Wohlpart said. "I lobbied for the first 'clean' New York bill of adoptee rights, meaning unrestricted access to original birth certificates for adult adoptees in 2002 and 2003."
More than 15 years later, Monti-Wohlpart is still fighting.

Source: The fight in New York for adoptees to access their birth records

READ: https://www.ny1.com/nyc/all-boroughs/news/2020/01/17/run-dmc-darryl-mcdaniels-dmc-seeks-his-birth-records-with-a-new-new-york-law?cid=share_clip

Billion Dollar Adoption Industry? Tomorrow’s Argument in Brackeen

The Adoption Industry is booming but a shortage of babies makes American Indian children vulnerable AGAIN

The Truth About the Adoption Industry

What the Adoption Agencies & Professionals Don’t Want You to Know About Adoption in the USA

Over 14 BILLION dollars in 2015 

The problem is that adoption is a business, a big business. There is lots of money to be had by those who make their living from the transferring of parental rights from one party to another.  If adoption was truly a societal need, then there wouldn’t be such profits to be had... there is a heck of a lot of us that care about adoption corruption, exploitation, coercion, Adoptee Rights and the welfare of our children.

**

Gregory Ablavsky on the Presentment Clause and Tomorrow’s Argument in Brackeen


An excerpt:
If the Presentment Clause bars Congress from honoring the divergent policy judgments of other sovereigns, then federalism is in trouble. After all, as the briefs stress and the Supreme Court has explicitly endorsed, Congress has expressly adopted state law as federal law in the Assimilative Crimes Act and the Federal Tort Claims Act. It has expressly authorized states to create wage and hour standards higher than the federal government in the Federal Labor Standards Act. It has allowed states to establish different water and air quality standards from the federal government upon EPA approval, a power that the Court has repeatedly ruled on without saying boo.

by Matthew L.M. Fletcher
  

Saturday, January 11, 2020

Selling babies for cash?

Earlier post

How trafficking in children works
Adoptive parents said Petersen was regarded as a family man and a trusted source for adoptions, particularly among the Latter-day Saint community (Mormons) in Arizona, Utah and Arkansas.

The Cost of Fleeing Climate Change | The New Yorker

While migration from the islands to the United States has been increasing, thanks largely to remittances from family members who are already here, much of the population that wants to migrate cannot afford a plane ticket. When Lamy got pregnant with Neslina, at the age of nineteen, she was overjoyed, but quickly realized that she would be raising her on her own, with no support from Neslina’s father. 
When she got pregnant a second time, a year later, she was scared. She started speaking with her relatives to see if there was someone else who might help. 
Adoption between relatives and in-laws is common throughout the Marshall Islands, and children often live freely between households—raised, in fact, by a village. 
According to one study, as many as twenty-five per cent of all Marshallese children are adopted. But most birth parents are still able to see their children regularly and maintain relationships with them into adulthood.

Rumors circulated that Marshallese women, as one former employee for the Arkansas Department of Human Services told me, “were selling their babies for cash.” 

That was not the case, but, as Kathryn Joyce wrote in The New Republic, in 2015, over the past decade, adoptions of Marshallese babies were occurring in the Springdale area at an alarming rate, with many of the mothers feeling pressured into a situation that they could not escape. 

Joyce profiled one Marshallese woman, Maryann Koshiba, who had placed her baby up for adoption believing that she would be able to keep in touch with the adoptive parents and see her child in the future. But, in Arkansas, the law dictates that all adoptions are closed—the birth parents’ identities are sealed and unavailable to the adopted child, and the adoptive parents’ identities are sealed and unavailable to the birth parents. (Arrangements can be made to circumvent that law and keep identities transparent.) 

Koshiba, however, did not know anything about closed adoption and became increasingly frantic when she was unable to contact the adoptive parents or find out anything about her baby. “Welcome to the world of legal realities,” Paul Petersen told The New Republic. If law-enforcement officials “really want to stop it, then they should bar all Marshallese people—women—­from coming to the U.S. unless they have a medical examiner show they’re not pregnant.”

READ: The Cost of Fleeing Climate Change | The New Yorker

Friday, January 10, 2020

Suicide among Adoptees

By Trace Hentz (Blog Editor)

Today: I wrote on wordpress: BEDLAM: The Epidemic of Broken Minds

(from an earlier post)

This is not my usual post about adoption. But one thing that adoption can cause is (drum roll) – SUICIDE.

I used to think about this when I was writing my memoir – why would someone take this drastic measure?

It’s obvious to me now. When guilt or grief take over your mind and your life, there is apparently no other apparent option (or few options on your list seem good enough for you to live longer and face the music for whatever you may have done or had done to you.)

If you visit a psychologist, they will talk to you and possibly drug you as an adoptee.  As a joke, I wrote on a post-it “I AM IN BIG TROUBLE.”  It’s true that Big Pharma is out to medicate you for just about everything – including: arrogance, narcissism, above-average creativity, cynicism, and antisocial behavior…(and those are just the new ones!)

Now I am not worried about this for me but I am worried about this for some adoptees who have not had any (emotional) support and feel isolated and possibly crazy.

A quick check of the keyword: SUICIDE will show you some of the recent headlines here.

I’d found a statistic that adoptees do commit suicide more often than others, statistically speaking. WHY? Unresolved (untreated) (not recognized) (buried) GRIEF!

The good news is: I read this about how GRIEF IS SUBVERSIVE here.  It is definitely something that can be healed!
My journalist friend Suzette shared her response on FACEBOOK: In general, I find “therapy” as it currently is, as useless. I found my own method and it’s a hell of a lot cheaper and you don’t spend time circling and circling the same airport and never getting resolution. And guess what? You may never get resolution. But then that even becomes okay. “We’re supposed to heal from grief.” Is that really true? No. But you can integrate it, whatever “it” is and keep moving... Conventional therapy has it backwards and frankly enables people to keep them emotionally broken, (in my honest opinion)…”
Growing up, I was not aware of the various medical terms for adoptee issues such as severe narcissist injury or post-traumatic stress disorder. I am sure no one in my family even considered I might have a problem with being adopted… Since 2004, I read numerous studies about adoptees in treatment for “identity” issues (split feather syndrome), reactive attachment disorder (RAD), depression and/or suicidal thoughts.  Then I found statistics.  An adoptee friend in Toronto told me to read Adoption: Unchartered Waters by Dr. David Kirschner, a book about adoptees who are notorious serial killers. (I did read it.)

No, you didn’t see that book mentioned on TV or on OPRAH or anywhere else…

No, I am not saying that adoptees have more problems than the rest of the world, not at all. I am saying that something big hit us hard as babies (or small children) and some of us did NOT recover – and that is something a psychologist might drug you for… but listen to me:  DRUGS are not the answer to our problems.
The war is inside us. There is a heroin and opioid epidemic where I live, and probably where you live too. WHY? People (some are even adoptees) are so desperate to numb themselves they are self-medicating.
The school shooters who were diagnosed as children with ADHD and given drugs – ask yourself: what happens when they are older, on their own, in college – some go stark raving mad! (Mainstream media doesn’t disclose that many of the shooters were ADHD kids and medicated.)
ADHD Drug Warnings:
There have been 44 warnings from eight countries (United States, United Kingdom, Canada, Japan, Australia, New Zealand, France and Singapore) warning that ADHD drugs/stimulants cause harmful side effects. These include the following (note that some warnings cite more than one side effect, so the list below may not be equal to the total number of warnings):
  • 13 warnings on stimulants causing heart problems
  • 10 warnings on stimulants causing mania/psychosis
  • 9 warnings on stimulants causing cardiovascular problems
  • 8 warnings on stimulants causing death
  • 4 warnings on stimulants causing hallucinations
  • 4 warnings on stimulants causing depression
  • 4 warnings on stimulants causing violence, hostility or aggression
  • 4 warnings on stimulants causing seizures
  • 3 warnings on stimulants causing agitation or irritability
  • 3 warnings on stimulants causing anxiety
  • 2 warnings on stimulants causing suicide risk/attempts
  • 2 warnings on stimulants causing addiction or dependence
  • Read more here
So my hope is anyone reading this will consider SUICIDE as a flashing sign. STOP immediately and call a suicide hotline. If you know someone who is considering it, be their advocate and get them to make the call!

It’s a SIGN you need to change your life, your direction, your path. Not take drugs but CHANGE your mind. CHANGE your thoughts – not with drugs or self-medicating behaviors – no.

If Big Pharm has its way, we’d ALL be medicated and that my friends is one of the scariest ideas — EVER!

Each of us has the choice. Our mental (emotional) health is our problem! We all must learn to handle our emotions (with help, with support, with healing) and face the problem and GRIEVE when we need to!

For more on this crisis in Indigenous populations:
14 Mar 2014: Suicide rate of Aboriginal and Torres Strait Islander children more than five times that of non-Indigenous young, report finds…
[Sorry for all the links in this article but this topic needs much more discussion…]

Saturday, January 4, 2020

11,000 children caught in jurisdictional limbo

The new federal law titled An Act Respecting First Nations, Inuit and M├ętis children, youth, and families (also called Bill C-92) came into effect Wednesday. Passed in the days before the federal election, the law proposes to establish protections for Indigenous children and their families, as well as hand over responsibility for Indigenous child welfare to Indigenous governments — who receive responsibility once institutions, policies and laws are developed and approved (presumably based on Indigenous cultural values, principles, and histories, but the law is vague on this).
The law has been criticized heavily for its paternalistic attitude, lack of funding and resources for planning and delivery, and necessary legal changes to ensure the handover is a success. Most First Nations have begun planning the process of implementation anyway. 

READ: 11,000 children caught in jurisdictional limbo

Thursday, January 2, 2020

Remembering Karen Vigneault


Anyone with questions, reach out to Joyce: kumeyaay669@gmail.com.
You may also look for Joyce Vigneault (Vandyke) on Facebook.

Monday, December 30, 2019

Saturday, December 28, 2019

Lost Bird of Wounded Knee Zintkala Nuni



Lost Bird Story Summary                                

In the spring or summer of 1890, Lost Bird was born somewhere on the prairies of South Dakota. Fate took her to Wounded Knee Creek on the Pine Ridge Reservation on Dec. 29, 1890.
On that tragic day, hundreds of Lakota men, women and children died in a confrontation with U.S. troops and the woman who likely was the child’s mother was among them. But as she was dying, she and her baby found some scanty shelter from the bitter cold and wind in the bank of a creek.
Four days after the massacre, a rescue party found the infant, miraculously alive, protected by the woman’s frozen body.
The infant was passed from one person to another and her sensational story attracted the attention of powerful white men. Eventually, this living souvenir of Wounded Knee ended up in the hands of a National Guard general.
Lost Bird was adopted by Gen. Leonard Colby and, without her knowledge or consent, his suffragist wife, Clara Bewick Colby. The baby’s original name died on the killing field, along with her chance to grow up in her own culture. She became, literally and figuratively, Zintkala Nuni, the Lost Bird.
So Lost Bird - Zintka, as her adopted mother called her - ended up the daughter of a very socially and historically prominent white couple. She had one big advantage - a mother who came to love her. Though Zintka’s adoption was a surprise to her, Clara Colby took on the duties of motherhood in addition to her work as a suffragette activist, lecturer, publisher and writer.
However, Zintka’s childhood was marred by her exposure to racism, possible abuse from adoptive relatives and the indifference of her father. Poverty entered into the mix when Gen. Colby abandoned his wife for the child’s nursemaid/governess and failed to provide adequate support for Clara Colby and Zintka.
The increasingly restless child endured miserable stays with relatives and at boarding schools and became harder and harder for her mother to control.
At age 17, Zintka was sent back to her father and his new wife in Beatrice, Neb. The result was disastrous. A few months later, Gen. Colby placed his now-pregnant daughter in a stark and severe reformatory. Her son was stillborn, but the girl remained in the facility for a year.
Zintka eventually returned to her mother. At one point, she seemed to have found happiness in marriage, but the relationship disintegrated when she discovered her new husband had given her syphilis, then incurable. She struggled with the effects of that illness for the rest of her life.
She had a number a careers during her short life: work with Buffalo Bill’s Wild West Show, various entertainment and acting jobs, and possibly prostitution. Three times, she managed to visit South Dakota in search of her roots, but her welcome was cool.
By 1916, Zintka was living in abject poverty. She and her then-husband, who suffered from illness, were trying to make a living in vaudeville. She had had two more children. One died, probably that year, and Zintka gave the other to an Indian woman who was better able to care for him. Later that year, she lost her loving mother, Clara Colby, to pneumonia.
Eventually, Zintka and her husband gave up vaudeville and moved in with his parents in Hanford, Calif., in 1918. Zintka fell ill on Feb. 9, 1920, as an influenza epidemic swept across the nation. On Feb. 14, Valentine’s Day, she died.
Clara Colby tried to raise Zintka as a white girl in an unaccepting society and tried to erase her unceasing attraction to her Lakota culture. In the end, Zintka was rejected by both.
Lost Bird finally came home in 1991, in an effort spurred in part by author Renee Sansom Flood, author of "Lost Bird of Wounded Knee: Spirit of the Lakota." Her grave was found in California and her remains were returned to South Dakota and buried at the grave site at Wounded Knee. Her tragic story led to the organization of the Lost Bird Society, which helps Native Americans who were adopted outside their culture find their roots.
Sources: "Lost Bird of Wounded Knee: Spirit of the Lakota" by Renee Sansom Flood.

Friday, December 27, 2019

Indigenous Slaves, known as Panis


https://www.historymuseum.ca/virtual-museum-of-new-france/population/slavery/
The Panis territory
The outlined territory shown on this map represents the region from which originate the majority of aboriginal slaves known as Panis. It includes the Pawnee, but also other aboriginal peoples that their enemies enslaved or bartered against European products.


2017- Canada’s 150th birthday prompted much looking back at our history. And one of the things Canadians have long been proud about is our status as the final stop on the Underground Railroad, a safe refuge for American slaves fleeing bondage.

This is true, and we should be proud. But let’s not be too proud ― after all, the colonies that became Canada also had slavery for more than two centuries, ending only 30 years before U.S. President Abraham Lincoln wrote the Emancipation Proclamation in 1863.

When Britain took over New France, about 7 per cent of the colony was enslaved, or around 4,000 out of a population of 60,000. Two-thirds were indigenous slaves, known as Panis, and the other third African, who cost twice as much and were a status symbol. The British did not set them free.


“We don’t know about what happened before the Underground Railroad, which is that indigenous and black Canadians endured slavery.” —Afua Cooper, historian


Unlike our American cousins, Canada did not itself end its slavery ― in fact, in 1777 slaves began fleeing Canada for Vermont, which had just abolished slavery. It took Britain to finally outlaw the practice across their entire empire in 1834.

There had been a history of First Nations enslaving prisoners of war prior to colonialism, however they were often exchanged as part of alliance-making or to replace their own war dead. The Canadian Museum for Human Rights reports that “unlike Aboriginal peoples, Europeans saw enslaved people less as human beings and more as property that could be bought and sold. Just as importantly, Europeans viewed slavery in racial terms, with Aboriginals and Africans serving and white people ruling as masters.”

The Other Slavery

In 1492, Columbus sailed the ocean blue. He also played a central role in the European adoption of Indian or Native American slavery.

When we think of slavery in early America, we often think of the practice of African and African-American chattel slavery. However, that system of slavery wasn’t the only system of slavery that existed in North America. Systems of Indian slavery existed too. In fact, Indians remained enslaved long after the 13th Amendment abolished African-American slavery in 1865.

LISTEN: Episode 139: Andr├ęs Res├ęndez, The Other Slavery: Indian Enslavement in the Americas - Ben Franklin's World

Did you know?

Did you know?
lakota.cc/16I9p4D

Dawnland

What our Nations are up against!

What our Nations are up against!

Help in available!

Help in available!
1-844-7NATIVE (click photo)

click to listen

Diane Tells His Name

Please support NARF

Indian Country is under attack. Native tribes and people are fighting hard for justice. There is need for legal assistance across Indian Country, and NARF is doing as much as we can. With your help, we have fought for 48 years and we continue to fight.

It is hard to understand the extent of the attacks on Indian Country. We are sending a short series of emails this month with a few examples of attacks that are happening across Indian Country and how we are standing firm for justice.

Today, we look at recent effort to undo laws put in place to protect Native American children and families. All children deserve to be raised by loving families and communities. In the 1970s, Congress realized that state agencies and courts were disproportionately removing American Indian and Alaska Native children from their families. Often these devastating removals were due to an inability or unwillingness to understand Native cultures, where family is defined broadly and raising children is a shared responsibility. To stop these destructive practices, Congress passed the Indian Child Welfare Act (ICWA).

After forty years, ICWA has proven to be largely successful and many states have passed their own ICWAs. This success, however, is now being challenged by large, well-financed opponents who are actively and aggressively seeking to undermine ICWA’s protections for Native children. We are seeing lawsuits across the United States that challenge ICWA’s protections. NARF is working with partners to defend the rights of Native children and families.

Indian Country is under attack. We need you. Please join the ranks of Modern Day Warriors. Please donate today to help Native people protect their rights.

where were you adopted?

where were you adopted?