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2019: This blog was ranked #50 in top 100 blogs about adoption. Let's make it #1... We hit 1 million reads! WOW!

2019: WE NEED A TRUTH AND RECONCILIATION Commission in the US now for the Adoption Programs that stole generations of children... Goldwater Institute's work to dismantle ICWA is another glaring attempt at cultural genocide.


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Lost Children Book Series

Monday, August 18, 2014

BABY Alexandria: The new Baby Veronica?

EXCELLENT BOOK ON ICWA

ICWA Placement Preference Decision Out of California Involving Choctaw Tribe

Here.

This is a re-occurring and incredibly frustrating ICWA fact pattern – if the ICWA compliant placement is out of state, or far away from the parents, and the goal is reunification, it makes sense for the tribe and state to allow for a non-compliant ICWA placement near the parents. What happens, however, when reunification fails? As in this case, a court is often unwilling to remove the child from the home she has been in for anywhere from one to three years. Honest, actual, concurrent permanency planning could help with this, but while that is a best practice, it does not seem to be happening with any regularity at the state (California).
Concluding that the ICWA’s adoptive placement preferences do apply to this case, we then review the trial court’s order finding that the P.s failed to produce clear and convincing evidence of good cause to depart from those placement preferences. We determine that the court applied the correct burden of proof by requiring the P.s to prove by clear and convincing evidence that there was good cause to deviate from section 1915’s placement preferences. However, the court erroneously required the P.s to prove a certainty that Alexandria would suffer harm if moved, and failed to consider Alexandria’s best interests or her bond with the P.s in determining good cause.
***
We recognize that a final decision regarding Alexandria’s adoptive placement will be further delayed as a result of our determination of the merits of this appeal. That delay is warranted by the need to insure that the correct legal standard is utilized in deciding whether good cause has been shown that it is in the best interest of Alexandria to depart from the ICWA’s placement preferences.
As also often happens, the parties start arguing about the very constitutionality of ICWA, making this case a “not as bad as it could have been” case – the court didn’t find ICWA is unconstitutional, nor does Adoptive Couple apply (as the de facto parents argued) to this fact pattern. And yet, the trial court decision placing the child with her extended family is still overturned based on the child’s best interest standard. Getting courts to acknowledge that the best interests of a child ought to include the child’s whole life, not just the one transition in front of the court at that moment, is both vital and seemingly impossible.

(Happy to post redacted briefs if we receive any)

===============
Speaking of ICWA placement preferences, Here are the reports submitted to the UN Committee on the Elimination of Racial Discrimination by the National Native American Boarding School Healing Coalition, the International Indian Treaty Council, and the National Indian Child Welfare Association:
Alternative Report A: Indigenous Children and the Legacy and Current Impacts of the Boarding School Policies in the United States and the Lack of Redress, Restitution and Restoration by the United States to Address these Impacts or to Acknowledge Responsibility for Them
Alternative Report B: The Continued Removal of Indigenous Children from Their Families and Communities and its Impact on The Right to Culture

EARLIER COVERAGE HERE

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Takeaway Podcast ICWA

What our Nations are up against!

What our Nations are up against!
Survivors, write your stories. Write your parents stories. Write the elders stories. Do not be swayed by the colonizers to keep quiet. Tribal Nations have their own way of keeping stories alive.... Trace

Help in available!

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

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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?

To Veronica Brown

Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.