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Standing Rock

Monday, October 26, 2015

Indian Child Welfare Act must be viewed in light of the historical abuses it was intended to stop

we will be blogging but not every day
By Trace
It seems those at Goldwater Institute will do anything to procure more babies for infertile wealthy white couples. Their lawyers are searching laws to get their way and dismantle the Indian Child Welfare Act.
It's not working. ICWA was created to address people just like Goldwater.

DOJ Motion to Dismiss and Supporting Amicus Briefs in Goldwater (ICWA) Litigation


Motion to Dismiss here.

Footnote 8:
Plaintiffs do not seek the type of reliefincreased funding or systemic changes in the quality of child-welfare services provided by state agencies – that the Ninth Circuit found unworthy of Younger abstention in Jamieson, 643 F.2d at 1354; instead, they demand that this Court enjoin state courts and agencies from applying long-standing state and federal laws to their ongoing child-custody proceedings, which clearly warrants equitable restraint under Younger.
(emphasis added)

Also:
Membership in a federally recognized Indian tribe, or being born the child of a member of such a sovereign entity, is not a forced association. ICWA does not require association, but rather protects associations that already exist.
In addition, Casey Family Programs plus twelve other national child welfare organizations filed this amicus brief (gold standard brief).
Finally, it is a key best practice to require courts to follow pre-established, objective rules that operate above the charged emotions of individual cases and that presume that preservation of a child’s ties to her parents is in her best interests. See National Council of Juvenile and Family Court Judges, supra, at 14. Application of the best-interests-of-the-child standard should be guided by substantive rules and presumptions because “judges too may find it difficult, in utilizing vague standards like ‘the best interests of the child,’ to avoid decisions resting on subjective values.” Smith v. Organization of Foster Families for Equal. & Reform, 431 U.S. 816, 835 n.36 (1977). Courts should not terminate a child’s relationship to a parent based on “imprecise substantive standards that leave determinations unusually open to the subjective values of the judge.” Santosky v. Kramer, 455 U.S. 745, 762-763 (1982).
Finally, the national Native organizations (NCAI, NICWA, AAIA) also filed this amicus brief (historical brief).
The Indian Child Welfare Act must be viewed in light of the historical abuses that it was intended to stop. For most of American history prior to ICWA’s enactment, federal Indian policy favored the removal of Indian children from their homes as a means of eroding Indian culture and tribes. State and private child welfare agencies later took on the implementation of these policies, carrying them out with little concern for the families or communities they affected.  By the 1970’s, the widespread and wholesale removal of Indian children from their parents and communities resulted in a crisis recognized as “the most tragic and destructive aspect of American Indian life today.” H.R. REP. No. 95- 1386, at 9 (1978), reprinted in 1978 U.S.C.C.A.N. 7530, 7532.

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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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