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Showing posts with label ICWA. Show all posts
Showing posts with label ICWA. Show all posts

Thursday, April 9, 2026

Why isn't there a US Truth and Reconcilation Commission?

Saturday, August 23, 2025

‘Sisters in the Wind’

Indigenous Author Centers Foster Youth in Upcoming Thriller

Angeline Boulley’s third novel, “Sisters in the Wind” chronicles an Ojibwe teen girl’s experience in foster care. Provided photos.

“Native families are like onions,” fiction author Angeline Boulley writes in her latest novel about Indigenous families caught up in the child welfare system. 

They are “rough-looking on the outside,” she goes on. “People want to peel the outer layers and toss them away, as if they have no value. But each layer is protecting the next, down to its innermost core. That green center, where the onion is sweetest, that’s the Native child. Surrounded by layers of family and community.”

Boulley’s third book, “Sisters in the Wind,” offers a rare Indigenous-centric glimpse into the failings of the country’s child welfare system. The young adult novel, set to publish next month, is meant to show what can happen when a federal law meant to ensure that Indigenous families remain intact is not followed, and how a child’s life can be improved when it is, the Michigan author said in a recent interview.

The thriller follows Lucy Smith, an Ojibwe teen who is running for her life, away from traumatic figures she encountered while growing up in foster care. As an adult she navigates a difficult childhood spent in various placements before finding family and healing. 

Publisher’s Weekly called the book a devastating, gripping tale “that serves as a searing critique of the ways that systems can fail vulnerable youth.”

At points in the novel, Boulley’s protagonist experiences dehumanizing moments common to foster youth everywhere, including when she is forced to carry her belongings in a trash bag during a move to a new home. 

Recently, states including New York and Texas have prohibited child welfare agencies from doling out trash bags, and now require them to provide proper suitcases to children. Such laws, “need to be everywhere,’’ Boulley said, adding that she believes making foster youth use garbage bags sends the clear message, “that they themselves are trash.’’  

An insight into Angeline Boulley’s creative process: Color-coded spreadsheets detail characters’ lives and her cat, Pietro, comforts her. Provided photo.

As an adult, Smith eventually goes to work as a research intern for a company that trains child welfare professionals on the workings of the Indian Child Welfare Act. The 1978 federal law, known as ICWA, requires state foster care agencies to take extra steps to ensure Indigenous families stay together. The fictional company in the novel is based on real work Indigenous people are doing to preserve families and tribal communities in Boulley’s home state of Michigan, she said.  

In the case of the novel’s protagonist, ICWA was not followed as she moved through the foster care system. In one bleak scene, a social worker tells Smith that identifying as Indigenous will only muddle her situation.

“It complicates everything,’’ Smith is told. “Just say you’re Mexican.”

Later, Smith comes to believe that the abusive situations she endured in non-Native foster homes never would have happened had she been placed with tribal relatives. 

Boulley, a member of the Sault Ste. Marie Tribe of Chippewa, hopes a particular message in her novel will reach child welfare professionals who might read it:  

“When ICWA is followed correctly, it works,” Boulley said. “The issues that arise primarily come when social services and court personnel don’t understand the law. They continue with assumptions and misconceptions, and that ends up complicating children’s lives.’’

Boulley was never in foster care herself. But she and her siblings grew up spending summers visiting the Sault Ste. Marie reservation in Michigan where she knew several young relatives being raised by kin outside of the foster care system. 

“Growing up, I didn’t think it was anything unusual to have cousins that were raised by my grandma,” Boulley said. “That was just normal.”

Her work on “Sisters in the Wind’’ began years ago, but she felt an urgency to complete it following recent legal challenges to ICWA. In a United States Supreme Court case two years ago, multiple states and three foster families argued that the federal statute was unconstitutional and interfered with a non-Indigenous couple’s right to adopt an Native child. 

A Supreme Court ruling upheld the law in June 2023. But, Boulley said, “We know it’s not the final assault on tribal sovereignty.’’

SOURCE:  https://imprintnews.org/top-stories/indigenous-author-centers-foster-youth-in-upcoming-thriller/265041

Monday, August 4, 2025

Smudging, gardening and art: Summer Camp

 GREAT JOB Siena!!!

During the school year, Braun teaches Native cultural arts and Ojibwe language at Anishinabe Academy. For her, teaching the summer program is deeply personal.

Siena Braun guides her summer students through an activity to make faceless dolls in commemoration of missing and murdered Indigenous relatives. Credit: Aaron Nesheim | Sahan Journal

Prior to 1978, when Congress passed the Indian Child Welfare Act, three in 10 Native American children were taken from their families.  One of those children was Siena Braun. She was placed in foster care and adopted. Her birth mother tracked her down when she was 27.

“They called me one of the stolen kids,” she said. “I got taken at birth.”

KEEP READING:

https://sahanjournal.com/education/minneapolis-public-schools-anishinabe-academy-summer-school-native-science/ 

Wednesday, April 23, 2025

Sunday, February 9, 2025

FOSTER CARE FAILURE: 2,150 children in New Mexico’s foster system are paying the price

 NEW MEXICO

Kevin S. settlement was a blueprint to change child welfare but progress has stalled

.
rawpixel.com-Gavel, court hammer. Free public domain CC0 photo.

This is the third story in a series on child welfare in New Mexico.

Attorney Therese Yannan had represented children in state custody for many years before she sued New Mexico in 2018.  She was seeing a pattern of resources just not being available.

“A court can’t order services that don’t exist. It was impossible to get appropriate services,” said Yanan, who works for the Native American Disability Law Center.

Attorneys Bette Fleishman and Sara Crecca encountered the same obstacles. So the three of them joined forces to go to court.  Fleishman is executive director of Pegasus Legal Services For Children, which is a plaintiff along with Yanan’s organization. Crecca is her co-counsel.

Together they joined 14 foster children in the class action suit seeking to improve the child welfare system.  The suit was named for one of the children, Kevin S.

“We needed to do something bigger to change the situation. Because kids were getting harmed then and they're getting harmed now,” said Fleishman.

Crecca said the faults in the system have been well-documented for decades.  But the Kevin S. team found three significant failures.

There was no strong system to ensure that temporary placements or foster homes were stable.  That meant children were sleeping in state office buildings.

Also, the state was failing to meet the medical and mental health needs of children. And there was a complete failure to implement any sort of trauma-informed practices for those in state care.

“Letting them rot in the office, just sitting there, no school, no attempt to engage them, no placement. That all felt kind of new. The outcomes we were seeing were getting worse, more dangerous for kids, violating all kinds of state and federal laws that existed,” Crecca said.

The 14  kids, who were in foster care at the time, agreed to become main plaintiffs and were chosen to represent the diversity of the state whether it was race, sexual orientation, or even geography. Together they would also represent the many more kids experiencing the same inhumane conditions.

Crecca said that what drove a lot of the suit was one question: Where are the foster parents?

Saturday, January 18, 2025

In The News: Indian Child Welfare, Black Hills, ++much more

 

The Cherokee Nation’s Indian Child Welfare office, seen Sept. 17, is located on South Muskogee Avenue in Tahlequah. To contact ICW, call 918-458-6900 or visit icw.cherokee.org. Photo by Chad Hunter /Cherokee Phoenix

Cherokee Nation Indian Child Welfare representative investigating program

Sally Wilson, a supervisor for Indian Child Welfare with the Cherokee Nation, cites disagreeable examples of Cherokee or Native overrepresentation and underrepresentation in federal and state programs.

TAHLEQUAH – Sally Wilson, a supervisor for Indian Child Welfare with the Cherokee Nation, can cite disagreeable examples of Cherokee or Native overrepresentation and underrepresentation in federal and state programs.

She can point to overrepresentation in the foster system.

“Cherokee Nation is involved in child welfare cases all over the United States,” Wilson said. “However, most of our cases are in Oklahoma where the disproportionality rates are astonishing. There are reported to be around 6,000 children in foster care across the state and according to our data, approximately 11% of those children are Cherokee. This amount has been consistent for the past 10 years – the amount of time I have been heading up recruitment of foster and adoptive families for our tribe.”

Then there is underrepresentation in some helpful personnel enhancement programs, such as Minority Professional Leadership Development, for which Wilson was chosen. It is administered from within the U.S. Department of Health and Human Services.

“They’re trying to get new leaders in the community to help with youth – minority leaders specifically,” she said. “The Children’s Bureau oversees it, and they help do the evaluations and they fund the project. It is intended to grow minority leaders throughout the country, but there is limited representation when it comes to Native people. I don’t know if it’s because they don’t know to apply or maybe they’re just not applying. I heard it through our director, and it was suggested that I apply for it. I did and I was fortunate to get it.”

Today, Wilson’s work includes the gathering of data and research through the Action Research Project.

“It can include a number of things,” she said. “Some people want to look at reunification of children to their families, or they want to look at what’s happening or what are we doing – maybe how can we change systems for children that are aging out. I’m looking at what can be done to help change systems that will positively impact our families that are overrepresented in the child welfare system.”

The MPLD program lasts 12 months and is intended specifically for emerging leaders within minority child welfare.  There is a selection process each year from candidates across the U.S., many of whom are African American or Hispanic.

“I believe this year they picked 23 out of all of the applications,” Wilson said. “You’re exposed to a lot of experts throughout the country, and you get mentorship opportunities, and then you start your work on some research. You develop what’s called an action research project. They really want you to focus on something that you see needing improvement in your agency, in your tribe, whatever that may be.”

With a higher chance of being placed in care away from home, Native children are also four times more likely than other children to be placed in a household with people of a different race.

“About 11 percent of the children that are placed in out-of-home care are Cherokee children alone,” Wilson said. “All these rates of disproportion are out there, and there is some implicit bias that plays into that. It isn’t something people would say is intentional, but it is definitely there. We’re still faced with many of the same battles they were facing when (the Indian Child Welfare Act) was first implemented in 1978.”

The MPLD is described as open to people from cultural, ethnic and racial groups with a historically disproportionate number of children in care. The program requires at least five years of experience working in U.S. child welfare, and the fellowship is further intended for emerging leaders. Candidates are expected to have an undergraduate degree.

Information about eligibility and application requirements is available at:

professionals.adoptuskids.org/how-to-apply-for-the-leadership-program/.

 *

Wednesday, January 3, 2024

Klee Benally Walks On | ICWA and Continued Legislation of Indigenous Existence



Diné ‘Land Defender, Warrior,’ Klee Benally Walks On


Diné activist and musician Klee Benally walked on on the morning of December 31, 2023. He was 48 years old. 

Read More


As many celebrate the defense of ICWA, we also must recognize the colonial violence that has demanded and produced it. 

ICWA was passed in 1978 due to the rampant genocidal white christian driven legal practice of taking Indigenous children from their homes and placing them with white christian families.  The law was created to resolve a problem colonialism created.  The settler colonial state didn’t become interested in “keeping Indigenous children with their Tribes” until it was assured that those children would be passively assimilated into its “civilized” order.

Through laws like ICWA, the State continues to legislate and enforce Indigenous existence.

White families stealing Indigenous children should be a non-issue.  That any argument for justification for keeping Indigenous children with their peoples is occurring is part of the larger issue of white supremacy, cis-heteronormativity, and Indigenous genocide. 

Before ICWA was enacted in 1978:

    – 25%–35% of all Native children were being removed from their homes; 

    – of these, 85% were placed outside of their families and communities—even when fit and willing relatives were available. 

    – Today, Native families are 4x more likely to  have their children removed and placed in  foster care than their White counterparts.

    (facts from https://www.nicwa.org/about-icwa) 

Before 1492 Indigenous children weren’t stolen by colonizing predators.

While ICWA is celebrated as an affirmation of Indigenous sovereignty, in actuality it affirms congressional power to regulate commerce (The Commerce Clause) with Indigenous Peoples and plenary power over “Indian affairs.”  A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. 

The legal battle over ICWA erases Indigenous children who are not from federally recognized tribes, border communities, & migrants doesn’t address issues of dis-enrollment.  Particularly as ICWA specifically “sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.”  ICWA reinforces “Indian” citizenship policies that some Tribal governments have used to exclude mixed race descendants.  Regardless of ICWA, child theft still occurs within the foster care system, where Indigenous youth still are most likely to end up.

The discourse around ICWA is also inherently cis-heteronormative as it doesn’t support queer & two-spirit family formations.  ICWA defines Indian child as “any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe…” 

What justice can we expect from a colonial system that also maintains anti-Indigenous laws sanctioning desecration of sacred lands and attacks bodily autonomy?

Are our cultures and communities so desperate and broken that we celebrate that colonizers can determine if our children belong with us? The apparent “necessity” of ICWA demonstrates the fallacy of colonial laws and the predatory white supremacist violence that constantly looms outside our homes.

That colonial laws are required to stop white people from outright stealing Indigenous babies is the result of a much deeper systemic problem than laws like ICWA can address.

Many of our families & homes are broken due to colonization, more colonial laws won’t fix that.

What are culturally-rooted non-state based solutions to keeping Indigenous children with our families?

www.indigenousaction.org

Wednesday, March 8, 2023

The Supreme Court and the Indian Child Welfare Act: What’s at Stake in Brackeen Case


 


Brackeen v. Haaland
could change the future of Indigenous rights.

At age nine, tragedy struck Autumn Adams’ life. Her father passed away and her mother was deemed unfit to care for her, leaving Adams with an uncertain future. 

Adams, who is a member of the Yakama Nation, a federally recognized Native tribe, recalls overhearing officers from Child Protective Services discuss the possibility of moving her to a non-Native home if they couldn’t soon find a Native family to place her with. The idea terrified her. 

“At that point in my life, I had everything I recognized as home ripped away from me," she tells Teen Vogue. "I had to bury my father. I had to be ripped from my mother's arms. The only thing that was left that gave me that connection was my extended family and culture.”

Adams was eventually placed with family in a multigenerational home that included her maternal aunt and grandmother. Now a law student, Adams credits this upbringing with enabling her to stay close to her culture and achieve success. “I was directly able to learn from my aunt, my cousins, my grandmother, my other aunts and uncles during that time — what it means to have perseverance, what it means to have responsibility and respect, the definition of grit,” she explains. “It's through those lessons that I've broken every negative statistic not only about former foster youth but about Native former foster youth.”

In November, the Supreme Court heard arguments for a case that could forever change the landscape of adoption for Native youth like Adams. 

KEEP READING

Thursday, December 8, 2022

One Choinumni man's adoption horror story

Emerson Gorman (R), who is a Navajo elder, poses at his property with his (L-R) daughter Naiyahnikai, wife Beverly and grandchild Nizhoni near the Navajo Nation town of Steamboat in Arizona on May 23, 2020. - Emerson Gorman knows what it's like to face the destruction of his culture: when he was five-years-old he was among thousands of Navajo children taken from their families and sent to Christian schools that tried to erase their belief systems.
Emerson Gorman (right) was one of the thousands of Navajo children taken from their families and sent to Christian schools to erase their beliefs. His daughter Naiyahnikai, wife Beverly, and grandchild Nizhoni are pictured (left to right) on his Arizona property May 23, 2020.

“But honoring tribal sovereignty isn’t about discrimination or race. That’s a fundamental misunderstanding of Indigenous rights,” Ciesemier said in an episode meant to draw attention to what’s at stake for Native children.

Jaimie Nelson, a Choinumni Yokuts man from Fresno, California, was once one of those children. He detailed on the podcast abuse he encountered at the hands of a white family who adopted him. For Nelson, legal experts, and activists, the Supreme Court challenge is an outgrowth of an intentional and systematic effort to whitewash Native Americans.

"I am not a victim of some odd set of circumstances where I lost my sister and my brother," Nelson said. "It was an intentional act built around ‘Kill the Indian, Save the Man.’"

Nelson referenced words uttered in 1892 by racist American Army Capt. Richard Henry Pratt. He tried, along with the federal government, to strip Native Americans of their beliefs, cultural histories, and traditions. And though Pratt made the speech 130 years ago, the sentiment he championed is far from extinguished.

Nelson said eliminating the very constitutional right that attempts to protect Native children from such cultural atrocities is “a genocidal act.” And he would know exactly what that feels like, because it was attempted on him. 

Nelson told the ACLU of his adoption:

There’s a lot of muddy water in there. I know that it happened at a very young age in the late seventies. My biological parents, they were, my mom was either addicted to drugs, my dad was a pretty bad dude. But it didn’t mean that they had to take us away from our native family. Our native family wanted to keep us, but the courts indicated, essentially that there’s nothing you can do about it. They specifically told my grandmother that there’s nothing that you can do about it. And from what I understand, from what I was told, it destroyed her that she was not able to keep us in the home. I don’t have very many memories of my of my time in the foster care system or any of the sort of lead up to the adoption. What I do have, I have physical reminders of my introduction into the system. I have a tracheotomy scar on my neck and on my sides from apparently when I was abused, like immediately after being taken from my Native family.

Nelson said when he learned of the case that will be before the Supreme Court, he knew he had to do something "because there cannot be another Jamie."

"There cannot be another child that is taken away because of some archaic, just genocidal, bigoted ideas," he said. "It’s unbelievable. It’s unconscionable to me that we still have to go through these hurdles, but we do."

Dr. Twyla Baker, president of the Nueta Hidatsa Sahnish College, tweeted about the case five days before Native American Heritage Month began today. "The thing I can’t get off my mind—it’s about to be Native American Heritage Month, as SCOTUS is about to hear a case that has the potential to knock down the Indian Child Welfare Act," Baker said in the tweet. "This kind of existential dichotomy pops up way too often for Native people here."

She later added:

“My bad, actually this didn’t ‘pop up’—it was a situation crafted, intentionally, over years with much larger implications and intentions to follow. Superficial acknowledgments of our humanity as other structures work to dismantle our Native Nationhood is really pretty standard.”

Stephanie Amiotte, a member of the Oglala Lakota Tribe and legal director for the ACLU of South Dakota, North Dakota, and Wyoming, said when the Indian Child Welfare Act was proposed, 25 to 35% of American Indian children were being raised in adoptive or foster homes or other institutions.  About 90% of Indigenous children were being raised by people who were not Indigenous, Amiotte said.

She explained that, historically, the federal government’s position and policy has been “to remove Indian children from their families in an attempt to assimilate” them “to white dominant culture.”

“It is something that actually threatens the very existence of future tribes and Indigenous peoples as a population,” Amiotte said.


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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.

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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.

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