SUBSCRIBE

Get new posts by email:

How to Use this Blog

Howdy! We've amassed tons of information and important history on this blog since 2010. If you have a keyword, use the search box below. Also check out the reference section above. If you have a question or need help searching, use the contact form at the bottom of the blog.

PLEASE follow this website by clicking the button above or subscribe.

We want you to use BOOKSHOP! (the editor will earn a small amount of money or commission. (we thank you) (that is our disclaimer statement)

This is a blog. It is not a peer-reviewed journal, not a sponsored publication... The ideas, news and thoughts posted are sourced… or written by the editor or contributors.

Can you help us? Here is how:

WRITE AND POST A BOOK REVIEW ONLINE:
Please know that if you write an honest book review, we are very very appreciative. Kobo, Good Reads, Apple Books, etc. - every opinion counts.

DONATE COPIES:
If you can, please donate a copy of our book titles to your local library, college or school.

Blogger forced a change to our design so please SCROLL past the posts for lots more information.

Support Info: If you are a Survivor and need emotional support, a national crisis line is available 24 hours a day, seven days a week: Residential School Survivor Support Line: 1-866-925-4419. Additional Health Support Information: Emotional, cultural, and professional support services are also available to Survivors and their families through the Indian Residential Schools Resolution Health Support Program. Services can be accessed on an individual, family, or group basis.” These & regional support phone numbers are found at https://nctr.ca/contact/survivors/ .

Canada's Residential Schools

The religious organizations that operated the schools — the Anglican Church of Canada, Presbyterian Church in Canada, United Church of Canada, Jesuits of English Canada and some Catholic groups — in 2015 expressed regret for the “well-documented” abuses. The Catholic Church has never offered an official apology, something that Trudeau and others have repeatedly called for.

no arrests?

Search This Blog

Saturday, March 2, 2019

Another Judge, another ICWA violation in Brackeen v. Bernhardt

Judge: State deference to U.S. law in Native American adoptions is unconstitutional

M


A Tarrant County judge on Friday ruled that the state’s requirement for family law judges to apply the federal Indian Child Welfare Act to child custody cases is unconstitutional.

Tarrant County state district judge Alex Kim issued the ruling in response to the adoption of an 8-month-old Native American girl into a non-Native American family.

Chad and Jennifer Brackeen had been seeking to adopt their second Native American child but ran into problems in the court with a portion of the Texas Family Code, which requires that family law judges apply the Indian Child Welfare Act to child custody cases involving Native American children.

State law says judges should should defer to the federal act, which says that placement of Native American children must go first to the child’s extended family, then to other members of the child’s tribe or other Native American families.

Kim said in his decision that the federal law is not applicable in the Brackeens’ case because it is unconstitutional.

On Friday, Texas Attorney General Ken Paxton lauded the ruling.

Paxton’s office in October 2017 filed a federal lawsuit alongside the Brackeens, challenging the constitutionality of the Indian Child Welfare Act is it applies to child custody cases, saying that it places race-based restrictions on the adoption of Native American children and does not consider the best interests of the child.

A U.S. district court the following year ruled the law as applied was unconstitutional. That decision is currently being challenged in the federal 5th Circuit Court of Appeals.

No comments:

Post a Comment

Please: Share your reaction, your thoughts, and your opinions. Be passionate, be unapologetic. Offensive remarks will not be published. We are getting more and more spam. Comments will be monitored.
Use the comment form at the bottom of this website which is private and sent direct to Trace.


Crime Scene

so far...

so far...
sign up for email to get our posts FAST

Bookshop

Most READ Posts

Blog Archive

What our Nations are up against!

What our Nations are up against!

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.

Did you know?

Did you know?
lakota.cc/16I9p4D

Did you know?

New York’s 4o-year battle for OBC access ended when on January 15 2020, OBCs were opened to all New York adoptees upon request without restriction. In only three days, over 3,600 adoptees filed for their record of birth. The bill that unsealed records was passed 196-12.

click to listen

Diane Tells His Name

where were you adopted?

where were you adopted?

Lost Birds on Al Jazeera Fault Lines

Lost Birds on Al Jazeera Fault Lines
click to read and listen about Trace, Diane, Julie and Suzie

Happy Visitors!


ADOPTION TRUTH

As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.

Original Birth Certificate Map in the USA

Google Followers