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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
Challenges to ICWA based on legally and historically false assumptions
Fletcher & Singel on the Historical Basis for the Trust Relationship between the US and Indian Children
Fletcher & Singel have posted “Indian Children and the Federal Tribal Trust Relationship” on SSRN. (click title to download the free pdf)
Here is the abstract:
This article develops the history of the role of
Indian children in the formation of the federal-tribal trust
relationship and comes as constitutional challenges to the Indian Child
Welfare Act (ICWA) are now pending. We conclude the historical record
demonstrates the core of the federal-tribal trust relationship is the
welfare of Indian children and their relationship to Indian nations. The
challenges to ICWA are based on legally and historically false
assumptions about federal and state powers in relation to Indian
children and the federal government’s trust relationship with Indian
Indian children have been a focus of federal Indian affairs at
least since the Framing of the Constitution. The Founding Generation
initially used Indian children as military and diplomatic pawns, and
later undertook a duty of protection to Indian nations and, especially,
Indian children. Dozens of Indian treaties memorialize and implement the
federal government’s duty to Indian children. Sadly, the United States
then catastrophically distorted that duty of protection by deviating
from its constitution-based obligations well into the 20th century. It
was during this Coercive Period that federal Indian law and policy
largely became unmoored from the constitution.
The modern duty of protection, now characterized as a federal
general trust relationship, is manifested in federal statutes such as
ICWA and various self-determination acts that return self-governance to
tribes and acknowledge the United States’ duty of protection to Indian
children. The federal duty of protection of internal tribal sovereignty,
which has been strongly linked to the welfare of Indian children since
the Founding, is now as closely realized as it ever has been throughout
American history. In the Self-Determination Era, modern federal laws,
including ICWA, constitute a return of federal Indian law and policy to
Very important history!
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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Did you know?
New York’s 40-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.
According to the 2020 Census, 3.6% of Colorado's population is American Indian or Alaska Native, at least in part, with the descendants of at least 200 tribal nations living in the Denver metro area.
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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.
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.
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