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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/ . THANK YOU MEGWETCH for reading

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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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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.

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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.

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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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Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

GOOGLE

In some cases, companies may even take it upon themselves to control the narrative according to their own politics and professed values, with no need for government intervention. For example: Google, the most powerful information company in the world, has been reported to fix its algorithms to promote, demote, and disappear content according to undisclosed internal “fairness” guidelines. This was revealed by a whistleblower named Zach Vorhies in his almost completely ignored book, Google Leaks, and by Project Veritas, in a sting operation against Jen Gennai, Google’s Head of Responsible Innovation. In their benevolent desire to protect us from hate speech and disinformation, Google/YouTube immediately removed the original Project Veritas video from the Internet. - https://desultoryheroics.com/2023/11/12/internet-censorship-everywhere-all-at-once

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