AMERICAN INDIAN ADOPTEES: Easter House charged with violation of Indian Child Welfare Act

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Friday, January 21, 2011

Easter House charged with violation of Indian Child Welfare Act

• Easter House charged with violation of Indian Child Welfare Act; baby returned to mother

1995

In 1995, the Sisseton-Wahpeton Sioux Tribe of South Dakota filed a petition seeking to invalidate the adoption of a three-month old infant boy. The parents had planned to put their son up for adoption because of financial problems, but then changed their mind after he was born. After returning home from the hospital with her son, the mother signed the consent form and reluctantly gave her child to Easter House after repeated calls from the agency. She changed her mind within hours. The Indian Child Welfare Act (ICWA), a federal law, was passed in 1978 to protect the rights of Native American children, who were being removed illegally from tribes and reservations and being placed with White families. The law says that a Native American mother can't consent to an adoption until 10 days after the birth and that she can revoke her consent anytime before the adoption is final. Under Illinois state law, however, a consent to adoption is irrevocable after 72 hours. The mother had told Easter House that she was an American Indian, but the agency did not follow ICWA procedures and refused to help rescind the adoption.

"They told me I could change my mind," she said. "I felt betrayed." The agency's lawyer said the agency acted legally.

The people who were going to adopt the boy agreed to give him back because they said they did not believe that protracted litigation in Illinois courts would be in the best interest of the child.

Sources:

Jeff Flock. "Native American Woman Sues to Revoke Adoption," CNN, Transcript #1084-6. Section News: Domestic. Show: News 10:26 pm et. January 3, 1995.

"In Circuit Court," Chicago Daily Law Bulletin, January 26, 1995.

Andrew Fegelman, "Adoptive Couple Agree to Give Up Infant." Chicago Tribune, Section Metro Northwest, Pg. 4; Zone NW, February 2, 1995.

Lou Ortiz, "Mom Sues to Reverse Son's Adoption; Indian Child Welfare Act Cited." Chicago Sun-Times, Section News; P. 14, Feb 2, 1995.

M.A. Stapleton. "Adoption dispute ended in best interests of child. Chicago Daily Law Bulletin, P. 1, February 1, 1995.

No comments:

Two Worlds anthology (Vol. 1)

“…sometimes shocking, often an emotional read…this book is for individuals interested in the culture and history of the Native American Indian, but also on the reading lists of universities offering ethnic/culture/Native studies.”

“Well-researched and obviously a subject close to the heart of the authors/compilers, I found the extent of what can only be described as ‘child-snatching’ from the Native Americans quite staggering. It’s not something I was aware of before…”

“The individual pieces are open and honest and give a good insight into the turmoil of dislocation from family and tribe… I think it does have value and a story to tell. I was affected by the stories I read, and amazed by the facts presented…. because it is saying something new, interesting and often astonishing.”

Review: 'Bitterroot: A Salish Memoir of Transracial Adoption,' by Susan Devan Harness https://t.co/aF2s87Wn03
— TraceHentz (@StonePony33) December 19, 2018

Let that sink in. pic.twitter.com/Wku2L9hXPv
— Native Life (@_Native_Life) December 5, 2017

Today marks the 40th anniversary of the Indian Child Welfare Act, which was passed to address America's ugly history with child removals from Native American families. #DefendICWA #UpholdICWA @ChronicleSC https://t.co/hp0GNdIUVN
— NICWA (@NativeChildren) November 8, 2018

Good words

Priscilla Sharp

I agree with you on the caring of “orphans” – true orphans, not “paper orphans” as Kathryn Joyce describes in her book, The Child Catchers. The most important thing to remember, however, is that the orphan’s original identity and family connection and heritage must remain intact and available to him or her forever. This business of adoption – and I do mean the multi-billion-dollar, unregulated business of adoption – of wiping out the child’s original identity, falsifying birth records with the adopters’ names, altering facts such as place of birth, severing familial kinship, must stop … Immediately. And the outrageous injustices foisted upon adoptees and their families for the past 100 years must be addressed and righted. We are faced today with six to seven million people who were basically legally kidnapped, sold to the highest bidder, their identities falsified, and placed in a lifelong, imposed witness protection program for which there is no legal recourse. Then told by church officials, agency and government functionaries that they have no right to know who they are, to do genealogy or learn about important family medical history, or know the identity of or associate with blood relatives. This is how the Judeo-Christian society has interpreted “caring for orphans”, for it’s own selfish interests and greed. Starting with Georgia Tann, the woman charged with kidnapping and selling 5,000 children, most of whom were given to the rich and powerful who then colluded with her to “seal” adoptions and cover their nefarious activities (see, for example, Gov. Herbert Lehman, NY, 1935).

Link: http://adoptionvoicesmagazine.com/adoptee-view/dear-christian-who-is-praying-for-an-infant-to-adopt/