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.
ALSO, if you buy any of the books at the links provided, 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.

2019: This blog was ranked #50 in top 100 blogs about adoption. Let's make it #1...

2019: WE NEED A TRUTH AND RECONCILIATION Commission in the US now for the Adoption Programs that stole generations of children... Goldwater Institute's work to dismantle ICWA is another glaring attempt at cultural genocide.


Search This Blog

Tuesday, October 9, 2018

The Manipulation and Distortion of Public Opinion to Overthrow #ICWA

Lost Children, adopted out
CITATION
Bual, Harman (2018) "Native American Rights & Adoption by Non-Indian Families: The Manipulation and Distortion of Public Opinion to Overthrow ICWA," American Indian Law Journal: Vol. 6 : Iss. 2 , Article 6.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol6/iss2/6 

Excerpt:


The public’s general lack of knowledge regarding the history of ICWA and the standards set up by ICWA allows for easy manipulation by adoption agencies and ICWA opponents. A lack of understanding and sensationalized media supports a negative image of Indian tribes that overshadows the protections offered by ICWA, and the improper behavior of adoption agencies and attorneys who encourage adoptive parents to go against the clear standards set out in ICWA.117 
This is a difficult situation to address, given the U.S. Supreme Court ruling in Baby Veronica, because it fails to acknowledge the historical reasoning for ICWA and maintaining a relationship between an Indian child and its tribe.118 
However, the behavior of these adoption agencies and attorneys who are creating delays in the system, and actively working the system to get around ICWA statues, should face some sort of monetary fine. Fines would need to be determined on a case by case basis, but could be based on whether there were improper delay tactics, the length of time the litigation took due to improper delay tactics, and whether the adoption agency knew or had reason to know the child was an Indian. Policies surrounding the custody of children as a whole are inconsistent and create conflicting goals and procedural issues when applied.119 
To overcome these issues, it is necessary that both legislators and ICWA supporters find a common ground where the agencies responsible for determining a child’s membership status are able to do so in a timely manner and hold foster families and Indian families accountable if they fail to follow reunification plans set by these state agencies.

Despite the intent of Congress, state courts have continuously interpreted ICWA in a variety of ways that has created loopholes around the mandates.121 
Large cases in front of the Supreme Court of the United States has brought attention to ICWA on a national level.122 
However, ICWA is often portrayed as a set of rules that ignores the best interest of the Indian child in favor of satisfying the demands of Indian tribes who may not be capable of taking care of the Indian child as well as an already established home with an adoptive family.123 
This perception has been further manipulated within the media by ICWA opposition in an effort to dismantle ICWA.
The history and purpose of ICWA has been misinterpreted by courts applying it within custody cases of Indian children. For ICWA to be successful, it is necessary that states and courts identify
the child’s tribe and give proper notification to the tribes. ICWA was established to stabilize the growth of tribes that had diminished after decades of assimilation of tribal members into mainstream American society. Despite the set guidelines within ICWA, states apply ICWA differently within each court, which creates disproportionate protection to Indian children, parents, and tribes.124  
To combat improper application of ICWA it is necessary that clarification of ICWA is provided to state child welfare workers, adoption agencies, judges, and society. 

Media uses the emotional pull within ICWA adoption cases between Indian tribes and non-Indian adoptive families to undermine the protection given to tribes under ICWA and limit tribal rights.

Proper application of ICWA would prevent many of the cases being reported on by news media because many years of litigation would be avoided. And most importantly, the Indian child developing ties to a family the child should not have legally been placed with could be prevented because many years of litigation would be avoided. And most importantly, the Indian child developing ties to a family the child should not have legally been placed with could be prevented.

Use the search bar on this blog to find #ICWA and stories about lost children of the Indian Adoption Projects and Programs and 60s Scoop... Thousands of children were stolen by the govt's of Canada and the US and adopted out - this blog is about survivors.
 

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.

NEW WEB ADDRESS

Because we don't want to lose information on this blog, we now have a domain name: American Indian Adoptees.com - click and save this link:

We are no longer on Facebook. We deleted our accounts.

Do this TODAY

Do this TODAY

Takeaway Podcast ICWA

What our Nations are up against!

What our Nations are up against!
Survivors, write your stories. Write your parents stories. Write the elders stories. Do not be swayed by the colonizers to keep quiet. Tribal Nations have their own way of keeping stories alive.... Trace

Help in available!

Help in available!
1-844-7NATIVE (click photo)

click to listen

Diane Tells His Name

Please support NARF

Indian Country is under attack. Native tribes and people are fighting hard for justice. There is need for legal assistance across Indian Country, and NARF is doing as much as we can. With your help, we have fought for 48 years and we continue to fight.

It is hard to understand the extent of the attacks on Indian Country. We are sending a short series of emails this month with a few examples of attacks that are happening across Indian Country and how we are standing firm for justice.

Today, we look at recent effort to undo laws put in place to protect Native American children and families. All children deserve to be raised by loving families and communities. In the 1970s, Congress realized that state agencies and courts were disproportionately removing American Indian and Alaska Native children from their families. Often these devastating removals were due to an inability or unwillingness to understand Native cultures, where family is defined broadly and raising children is a shared responsibility. To stop these destructive practices, Congress passed the Indian Child Welfare Act (ICWA).

After forty years, ICWA has proven to be largely successful and many states have passed their own ICWAs. This success, however, is now being challenged by large, well-financed opponents who are actively and aggressively seeking to undermine ICWA’s protections for Native children. We are seeing lawsuits across the United States that challenge ICWA’s protections. NARF is working with partners to defend the rights of Native children and families.

Indian Country is under attack. We need you. Please join the ranks of Modern Day Warriors. Please donate today to help Native people protect their rights.

where were you adopted?

where were you adopted?

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.