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Monday, July 2, 2012

What to do if your child is taken: contact NARF

I have been asked what can an Indian parent do to protect their child if the state has taken them into custody. Obviously on reservations, poverty is often cited as a reason. Well, the Indian Child Welfare Act of 1978 is a federal law supposed to prevent the state from removing children to non-Indian homes.

If you are a parent, contact the Native American Rights Fund and their lawyers - first!

The Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide.  NARF's practice is concentrated in five key areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues. 

The online edition of "A Practical Guide to the Indian Child Welfare Act" is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA). 

Those unfamiliar with ICWA are encouraged to first read the introduction to the Guide
While the topical sections are identical to the print version, the electronic copy has links to thousands of state and federal resources (cases, laws, etc.), updated through September 2011, not found in the print copy.

  1. Application
  2. Jurisdiction
  3. Who has rights under the Act
  4. Notice
  5. Intervention
  6. Emergency removal
  7. Transfer
  8. Role of tribal courts
  9. Recognition of tribal law
  10. Tribal-state agreements
  11. Foster care placement and removal
  12. Active efforts requirement
  13. Termination of parental rights
  1. Expert witnesses
  2. Access to records for tribal enrollment purposes
  3. Placement
  4. Voluntary proceedings
  5. Adoption
  6. Application of other federal laws
  7. Enforcement of ICWA requirements
  8. Application of standards higher than ICWA requirements
  9. Resources
To obtain a print copy of the Guide you may either download a PDF copy for research or educational use or purchase one for a nominal fee.
Appendices
Federal resources
State resources
Case index A to Z
Tribal Resources
Contacts
Flow charts
Forms
Bibliography
NICWA Training
Additional Content:
DHS Title IV-E Policy Sample Title IV-E Agreement
Brochure Copyright
NARF Publications
Practical Guide to the Indian Child Welfare Act 
Also read: Fort, Kathryn, Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act (April 6, 2012). Tulsa Law Review, Forthcoming; MSU Legal Studies Research Paper No. 10-06. Available at SSRN: http://ssrn.com/abstract=2035451
http://www.narf.org/icwa/print.htm

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Every. Day.
adoptees take back adoption narrative and reject propaganda

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.

Three Years already

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The Network is open to all Indigenous and Foster Care Survivors any time.

The procedure is simple: Just fill out the form HERE.

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Customer Review

Thought-provoking and moving 11 October 2012
Two Worlds - Lost children of the Indian Adoption Projects

If you thought that ethnic cleansing was something for the history books, think again. This work tells the stories of Native American Indian adoptees "The Lost Birds" who continue to suffer the effects of successive US and Canadian government policies on adoption; policies that were in force as recently as the 1970's. Many of the contributors still bear the scars of their separation from their ancestral roots. What becomes apparent to the reader is the reality of a racial memory that lives in the DNA of adoptees and calls to them from the past.
The editors have let the contributors tell their own stories of their childhood and search for their blood relatives, allowing the reader to gain a true impression of their personalities. What becomes apparent is that nothing is straightforward; re-assimilation brings its own cultural and emotional problems. Not all of the stories are harrowing or sad; there are a number of heart-warming successes, and not all placements amongst white families had negative consequences. But with whom should the ultimate decision of adoption reside? Government authorities or the Indian people themselves? Read Two Worlds and decide for yourself.

Read this SERIES

Read this SERIES
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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.

Our Fault? (no)

Leland at Goldwater Protest

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