They Took Us Away

They Took Us Away
click image to see more and read more

it's free

click

How to Use this Blog

BOOZHOO! 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.



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... WE DO NOT HAVE ADS or earn MONEY from this website. The ideas, news and thoughts posted are sourced… or written by the editor or contributors.

EMAIL ME: tracelara@pm.me (outlook email is gone) WOW!!! THREE MILLION VISITORS!

SEARCH

Friday, April 27, 2012

Using the Indian Child Welfare Act to petition court

National Child Welfare Association

A friend sent this and I wanted to share!  If you are thinking of opening your adoption and know the state you were born, the INDIAN CHILD WELFARE ACT can be used to petition the courts and judge to get your tribal information:

Excerpt:

One section of the ICWA is of particular interest to adoptees. Section 1951b states "Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe."

Essentially this section directs the State to give adult adoptees of Native American heritage who request it, their birth information, so that they may enroll in their tribes. The section does allow for birthparents to file a veto, but even then the adoptee is entitled to tribal notification so that they may process their tribal rights and privileges. You can read the entire ICWA on the Web (use google search).

There are a few problem areas with using the ICWA.  Many adoptees are of enough Native American blood to qualify for enrollment in their tribes, but there is nothing documented that verifies that information.  Before a judge will open a file under ICWA s/he will often demand some sort of proof that the adoptee is NA at all, proof that most adoptees will simply not have. But in other instances, the agency that handled the adoption, or the court file itself, will contain notations that you, the adoptee, do have NA ancestry.

If you have received non-ID from a source that states this, include a copy with your court petition. You will also need to include a copy of the ICWA in order to make the judge's work easier and predispose him/her to wanting to help you. If you have any information at all that you are even the smallest bit Native American, you should use the ICWA in your petition. Include affidavits from family members (adoptive and birth) who have told you that you have Native American blood, as well as any 'official' agency or other documents to support your claims. Remember that most tribes have small blood quantum requirements, and you should not feel guilty about using the ICWA. The intent of this law is to ensure that those of us who are entitled to tribal membership by birthright, have the *choice* to join our Native American communities.


[ADOPTEES: please contact the adoption agency, if you know who it was, or ask your adoptive parents what they were told and ask them to request the entire adoption record in the state you were adopted. WHY?? Since your adoptive parents signed papers to adopt you - they have a right to request a copy of your file and adoption records.  If you are 18, you are an adult and can petition the courts. The Indian Adoption Projects was a secretive measure to assimilate children and change us - but it doesn't work - you are still Indian, no matter where you were raised... Indian Blood is loud... Contact me if you need to know the laws in your state and contact NICWA and request all the information they have to help adoptees... Trace]

National Indian Child Welfare Association (NICWA)

5100 SW Macadam Avenue, Suite 300
Portland, Oregon 97239
Telephone: (503) 222-4044
Fax: (503) 222-4007
Hours: Monday—Friday, 9 a.m.–5 p.m.

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.


Happy Visitors!

Blog Archive

Featured Post

Theft of Tribal Lands

This ascendancy and its accompanying tragedy were exposed in a report written in 1924 by Lakota activist Zitkala-Sa, a.k.a. Gertrude Simmon...


Wilfred Buck Tells The Story Of Mista Muskwa

WRITTEN BY HUMANS!

WRITTEN BY HUMANS!

Most READ Posts

Bookshop

You are not alone

You are not alone

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.

Diane Tells His Name


click photo

60s Scoop Survivors Legal Support

GO HERE: https://www.gluckstein.com/sixties-scoop-survivors

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

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.


click THE COUNT 2024 for the ADOPTEE SURVEY

NEW MEMOIR

Original Birth Certificate Map in the USA

Google Followers


back up blog (click)