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.

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.

Crime Scene

so far...

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

Search This Blog

Wednesday, September 16, 2020

Washington Supreme Court says Indian Child Welfare Act should be more broadly applied #ICWA

source

A Washington Supreme Court decision saying the Indian Child Welfare Act should be more broadly applied is being called a big win for Native American rights.

Congress passed the Act in 1978. Washington state has its own version as well, called the Washington Indian Child Welfare Act. What the welfare acts do is require that tribes be notified and allowed to intercede in child custody or loss of parental rights cases if the family has any tribal relationships.

The unanimous opinion was written by Washington’s first Native American justice Raquel Montoya-Lewis, who cited the long history of Native American children being taken from their communities.

The case before the court involved the removal of two toddlers from their Kent home in June 2018. Police cited "neglect and unsanitary conditions" as the reason for placing them in protective custody. During the hearing to see if they would be returned to their parents pending review of the case, both parents mentioned they had tribal heritage. The mother indicated she had a grandmother who was a Tlingit-Haida and the father said he had connections to the Umatilla band in Oregon. 

But the judge determined there was not enough evidence presented of those connections and decided the Indian Child Welfare Act did not apply. King County Public Defender Tara Urs says not applying the act at that point was harmful, as the children ended up being placed in foster care.

“It actually made a difference in the lives of these children, the failure to apply the law,” Urs said.

Eventually, the 2-year-old and 21-month-old did go live with a Tlingit-Haida relative in Alaska. 

In overturning the lower court, the state Supreme Court said the Child Welfare Act should have been applied early on in the case, saying the bar for applying it needs to be very low when determining a family’s relationship to a tribe. Justice Raquel  Montoya-Lewis began the opinion by harking back to the past. She wrote:

"In Native American communities across the country, many families tell stories of family members they have lost to the systems of child welfare, adoption, boarding schools, and other institutions that separated Native children from their families and tribes. This history is a living part of tribal communities, with scars that stretch from the earliest days of this country to its most recent ones."

This history is a living part of tribal communities, with scars that stretch from the earliest days of this country to its most recent ones.

In her conclusion, Montoya-Lewis wrote:

“Decisions to remove children from the care of their parents are some of the most consequential decisions judicial officers make. When those decisions impact a Native American tribe, those decisions reach beyond the individual family, affecting the continuation of a culture. We recognize that our rulings addressing dependency cases have far-reaching effects on children, their parents, the out-of-home placements in which dependent children reside, and the manner in which courts and judicial officers manage these complex cases. But, as the United States Supreme Court stated recently, ‘[T]he magnitude of a legal wrong is no reason to perpetuate it.’”

Decisions to remove children from the care of their parents are some of the most consequential decisions judicial officers make. When those decisions impact a Native American tribe, those decisions reach beyond the individual family, affecting the continuation of a culture.

Tara Urs, who argued that the trial court and Court of Appeals’ decision should be overturned by the Supreme Court, was pleased by the ruling. Not only did she prevail, she said, but the framing of the opinion by Montoya-Lewis made it “one of the most persuasive cases of judicial writing I’ve ever read.”

For too long, Urs said, the spirit of the Indian Child Welfare Act has been ignored by the courts. As recently as 2015, American Indian and Alaskan Native children in Washington were represented in foster care at a rate 3.6 times greater than in the general child population.

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.

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