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The Indian Child Welfare Act of 1978, or ICWA, was passed in response to a high number of adoptions of Native American children by non-Natives. The law requires the government to notify the tribes and include them in the process of adoptions and placement of American Indian or Alaska Native children. In July, the Goldwater Institute filed a civil rights class action complaint in the District Court of Arizona against the Department of the Interior and the Arizona Department of Child Safety asking that parts of ICWA, and the BIA guidelines on ICWA, be declared unconstitutional. The organization asserts that ICWA is “legally sanctioned race-based discrimination” and forces Indian children to “remain in dangerous and abusive homes.” But opponents say ICWA is the gold standard for child welfare law and continues to provide protections for Native children. Where do you stand? What is the future for the Indian Child Welfare Act?
Guests:
Clint Bolick – vice president for litigation at the Goldwater Institute
Mark Flatten – national investigative journalist at the Goldwater Institute
Sarah Kastelic (Alutiiq) – executive director for the National Indian Child Welfare Association
Matthew Newman – staff attorney for the Native American Rights Fund
Break Music: Awe Hai Hai (feat. Andrée Levesque Sioui / Lead vocal & Francois Dorion / Conductor) (song) Francois Couture, Andrée Levesque Sioui, Akienda Lainé & Francois Dorion (artist) Yahndawa’ (album)
I strongly support the Indian Child Welfare Act, and recognize the need to strengthen it further. Failure to implement even its current less rigorous framework, has caused and continues to cause cultural genocide. See the Lakota People’s Law Project, and the Maine-Wabanaki State Child Welfare Truth and Reconciliation Commission’s report for substantive references. One might also review the Canadian TRC’s report, and national news coverage to get a sense of the continent-wide historical impact of destroying indigenous families and culture by taking children away.
Following online news stories this year in the context of the latest revisions and refinements of ICWA rules, I’ve seen that there is near universal support among stakeholders, with the notable exception of those who seem to benefit from the adoption industry as a whole.
Senator James Abourezk, himself a key sponsor of the original ICWA in Congress, has said that his late friend Sen. Goldwater would not have agreed with the Institute’s lawsuit.
If we wish tribal nations to survive and thrive, then we need to honor the purpose of the ICWA and work to make it stronger.
Thank you for this opportunity to voice my support for ICWA.
Children, especially Native children’s 1st, & foremost importance is their safety. Their are sober Natives. What needs to be done is stricter rules on foster CARE & social workers actually doin their job. But children must learn their cultural but not at the cost of innocence. Im for safety first. For All children.
Olivia Hart
DISAGREE! ( OLIVIA HART, MPA TRIBAL GOVERNANCE THE EVERGREEN STATE COLLEGE 98595 )// (Doctorate in progress (*DBA…emphasis Tribal Economies &Sustainable Development)…… Here are my thoughts about the attitude the Goldwater Institute perpetuates…their premise is FALSE …race based discrimination is why ICWA EXISTS and the constitutional rights of federally recognized tribes….who each have TRIBAL CONSTITUTIONS…guided by sovereign right as sovereign nations….that work in tandem with the US CONSTITUTIONS….BEING CITIZENS OF THEIR OWN TRIBES FIRSTLY….CHILDREN UNDER ICWA ARE TO BE PROTECTED THROUGH TREATY RELATIONSHIP…which ICWA SUSTAINS….this primacy of indigenous individuals rights which adoption out of community STRIP AWAY….. That statement in itself is racist and outrageous….that’s like saying children born into their own community are at higher risk…basically being born native to natives exposes your level of risk…and only the *whiteman* can save an “Indian”….ideas of the great white savior does nothing toward promoting self reliance in Indigenous Nations…the responsibility of sustaining the Indigenous child is quite naturally supposed to be placed on the federally recognized tribes in the case of the Indian Child Welfare Act…these rights are perpetual and inherently designed to PRESERVE “INDIAN” NATIONS through cultural ties for the child to their EXTENDED FAMILY….THE TRIBE, BAND OR NATION….indigenous community defines the family as EXTENDED….by blood and cultural ancestry not a nuclear two parent family….adoption away from community promotes a nuclear context whereas adoption within promotes extended family ties that promotes CULTURAL IDENTITY AND WAYS OF RELATING BEYOND A TWO PARENT FAMILY KINSHIP SYSTEM…. being in a collectivist society and having deeper ties to community through daily experience reinforces ones ancestral bonds, ways of knowing and interacting with our lands, our resources and each other….an indigenous child more so needs these experiences because he/she is indigenous…an part of the lands. ..a part of the continuing practices by relationship to the history and the continuing legacy if what it means to be *(LAKOTA, BLACKFEET, EASTERN BAND CHEROKEE, INUIT, CREE, OJIBWAY, ETC…UNIQUELY DESIGNED BY THE GREAT SPIRIT). The definition of citizenship for each Nation is predicated on the government to government relationship that federally recognized Indigenous NATIONS HAVE THROUGH INTERNATIONAL TREATY RIGHTS….these rights are higher than a city council or state government, in fact…an Indigenous Nation is on pat with the status of another Country….in terms of political relationship…an ally within the US BORDER. THE STATES ADOPTION SYSTEM IS SUBORDINATE TO FEDERAL POLICY, WHICH ICWA IS BY TREATY RELATIONSHIP SUPERIOR IN LEGAL STANDING…this means the Tribes standing has primacy in law ..leads the discussion and makes better sense because NATIVE KIDS ARE FIRST CITIZENS OF THEIR OWN NATION….AND NEXT CITIZENS OF THE USA. The greater issue here is the abuse of indigenous individuals stripped of their cultural ties to their national identity as INDIGENOUS PEOPLES….the reasons and methods used to pour adoption resources into state treasuries appears to be a greater incentive toward the taking of *”Indian children. Labeling children as “special needs” ; (medical care exceptions) and overriding the very clear steps outlined by ICWA…while states do not have a universal model for implementation of ICWA…to run consistent with the LEGAL INTENT IF ICWA AS FEDERAL POLICY….IS WHERE THE SYSTEM BREAKS DOWN. States that have little to no relationship or history with TRIBAL CONSULTATION UNDER EO 13075 ( Executive Order of the President’s office) do not have the mechanisms nor the level of expertise to understand the mindset or the importance of protecting indigenous children from Western adoption mills that profit through the taking of these nations most important natural resources….HER CHILDREN. It’s ironic that we as a US NATION understand that limiting adoption of US CHILDREN TO FOREIGN COUNTRIES is paramount to preserving a child’s right to remain AMERICAN….with all the benefits this great nation possesses ….so why then can so many outsiders who are US CITIZENS…NOT WRAP THEIR HEADS AROUND THE IMPORTANCE OF FIRST NATIONS ABORIGINAL INDIGENOUS PEOPLES WHO LIVED HERE BEFORE AMERICA AND WHO RETAINED THEIR INTERNATIONAL IDENTITY AS CITIZEN MEMBERS OF THE GREAT SOVEREIGNTIES. ..FEDERALLY RECOGNIZED “INDIAN NATIONS”…. it is in the US CONGRESS best interest to protect preserve and promote our collective histories because the USA is founded on these principles as well illuminates the gold standard for other countries who struggle with respecting indigenous communities through out the world. ICWA is being attacked because it cuts off the adoption pipeline to western families looking for children at the expense of indigenous community loosing their most precious resource: the children. I wrote this letter to support over 400 ICWA ADOPTEES WHO ARE ADULTS TODAY AND EACH ONE OF THESE PERSONS WERE NEGATIVELY IMPACTED BECAUSE THE STATES FAILED TO FOLLOW ICWA….I CAN PROVIDE INDIVIDUAL CONTACTS WHO ARE WILLING TO TESTIFY IN SUPPORT IF GREATER IMPLEMENTATION OF ICWA THROUGH A CENTRAL UNIFIED IMPLEMENTATION PROCESS THAT ALL STATES SHOULD BE MANDATED TO FOLLOW UNDER THE AUSPICES OF AN INDIGENOUS PANEL OF EXPERTS…..VIA A TRIBAL CONSULTATION PROCESS (EO 13075) Olivia E. F. Hart, MPA ( TRIBAL GOVERNANCE, THE EVERGREEN STATE COLLEGE) CHOCTAW – CHEROKEE…. (In response to ICWA DISCUSSIONS August 2015)
CC: ALAN PARKER, JD; JOHN GATES, JD; NICWA&GARY PETERSEN, TESC&NICWA)
MY NAME IS MARTHA TOMMIE OF SEMINOLE TRIBE OF FLORIDA, AS A GRANDMOTHER I WOULD TEACH MY GRANDBABIES THE RIGHT WAY IS TO BELIEVE THAT MY GRANDBABIES ARE SAFE TO BE WITH ME AS GRANDMOTHER BEING THAT THE PARENTS ARE TO BE BUSY WITH THE HE WORLD. AS LONGEST WE TEACH THEM ABOUT THE CREATOR AND SATAN THEN WE MUST TEACH THEM THAT SO THEY WON’T KEEP REPEATING THE DESTRUCTION LIFESTYLE OF NO RESPECT FOR THEMSELVES AND LEARN TO LISTEN TO US ELDERS. I BELIEVE WE PUT THEM ELSE WHERE THEN GOING TO FORGET WHERE THEY COME FROM THEN THEY WILL HAVE HATRED TOWARDS THE FAMILY CAUSE LIVING THE NON TRIBAL IS NOT WHO WE ARE. WE ARE NATIVES AND WE HAVE TO KEEP OUR TRADITIONS, CULTURE, OUR CUSTOM WE BESTOWED ON OUR CHILDREN. I THANK YOU FOR READING THIS IS MY OPINION. I GOT A THREE OF MY GRANDBABIES BUT YET STILL IN CUSTODY BATTLE WITH MY DECEASED DAUGHTER’S CHILDREN. ITS GOING ON 14 MONTHS.
Because of ICWA, my niece Desirai is home with her Native American family! ICWA was important for native children back when it was passed in 1978 and it’s still very important for native children today. I know many adopted people and they all say that they feel incomplete b/c they don’t know who they really are and where they come from. I have much respect for Dusten brown for the fight he put up for his daughter and the choice he made. He truly did what was in her bet interest. Veronica, Desirai, and all other native children will one day find out the truth and will see how we fought to bring them home…
ICWA was established in the face of abuse of foster families and custody laws against our cultures. We need to uphold the laws of the country and sovereign nations agreed to to recompense the abuses and allow our own people to care for own people in our own traditional ways and share our culture and strengths and beauty for goo health and happiness into the future of these lands. All those that deny such a Creator given right, should themselves be held under that false pretense. No one should tell another who is able to live in sustenance that they have no right to do so. As a previous emergency respite provider under ICWA I support families and culture, any means necessary for good health and happiness and safety with culture and family connected. Thank you for listening.
Native Youth Alliance will be going to Washington D.C. to conduct a pipe ceremony for the protection of the Indian Child Welfare Act. For more information contact nativeyouthalliance@gmail.com
The Goldwater Institute?? Was there some requirement that radical right-wingers be represented on Native America Calling, and not by just one man, but two men?
Barry Goldwater was a senator who ran for president in 1964, calling for use of the atomic bomb on Vietnam. He was defeated by Lyndon Johnson, who was supposedly an antiwar candidate, but of course that was only the beginning of the Vietnam War.
In the last few years, the Goldwater Institute launched a court case (Friedrichs versus the California Teachers Association) that is intended to set a precedent for busting up teachers unions all across the US. Is it any surprise that this same institution would be trying to dismantle whatever tiny legal protections exist for Native American cultures?
This is still goin on even though this was passed in 1978…i know this cuz i was part of it…i am a registered Menominee Indian…my last name is king…i was put in foster care with a white polish family when i was very young but i was lucky when i was having trouble finding who i am…i remember where i came from cuz my mother made sure i knew i was menominee….i have just recently found my family when it been over 20 years…the point i want to make is this was in 1990s so just like all the peace treaty the whites made it didnt mean anything cuz kids are still being taken and put into white family’s