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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/ . MY EMAIL: tracelara@pm.me

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Tuesday, July 21, 2015

Goldwater Press Conference

Goldwater Institute Seeks Protection for Native American Children

Posted By on Jul 20, 2015 | Tuscon Weekly

Clint Bolick, Vice President for Litigation, Goldwater Institute - BY GAGE SKIDMORE (FLICKR: CLINT BOLICK) [CC BY-SA 2.0 (HTTP://CREATIVECOMMONS.ORG/LICENSES/BY-SA/2.0)], VIA WIKIMEDIA COMMONS
Clint Bolick, Vice President for Litigation, Goldwater Institute, photo by Gage Skidmore (Flickr: Clint Bolick) [CC BY-SA 2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons
  

Recently, the Goldwater Institute held a press conference announcing the filing of a class action lawsuit challenging race based separate and unequal treatment regarding foster and adoptive placement of Native American children.

Today’s existing problems can be traced back over one hundred years to the late 19th and early 20th Centuries when many Native American children were removed from reservations and placed in boarding schools or families with no tribal ties. These policies had a profound and deleterious effect on the ability of Native American tribes to maintain both their respective communities and cultures.

In light of this history, the Congress of the United States passed the Indian Child Welfare Act in 1978. The purpose of the act was to provide tribes with jurisdiction over the process of child foster and adoptive placement thereby maintaining the integrity of reservation community and tribal culture.

While the goals of the ICWA are laudable, many unintended consequences have resulted from putting the interests of the tribe over the needs and interests of the child.

The Equal Protection for Indian Children organization offers the story of Laurynn Whiteshield as an example of unintended consequences:

Laurynn spent most of her life in a home where she was loved and protected. From the time she was nine months old, she and her twin sister, Michaela, were raised by Jeanine Kersey-Russell, a Methodist minister and third-generation foster parent in Bismarck, North Dakota.

When the twins were almost three years old, the county sought to make them available for adoption. But Laurynn and Michaela were not ordinary children. They were Indians.

And because they were Indians, their fates hinged on the Indian Child Welfare Act, a federal law passed in 1978 to prevent the breakup of Indian families and to protect tribal interests in child welfare cases.

The Spirit Lake Sioux tribe had shown no interest in the twins while they were in foster care. But once the prospect of adoption was raised, the tribe invoked its powers under ICWA and ordered the children returned to the reservation, where they were placed in the home of their grandfather in May 2013. Thirty-seven days later, Laurynn was dead, thrown down an embankment by her grandfather’s wife, who had a long history of abuse, neglect, endangerment, and abandonment involving her own children.

Native American children are American citizens, and as such deserve the same rights and protections as any other citizen. Their rights and protections cannot be removed based on race.

Some who support the status quo deny that the distinction is based on race, but rather on political affiliation, that being of tribal membership or qualification for membership. This is true in one sense, that it is tribal membership or qualification that allows jurisdiction, but most (though not all) base tribal membership on a defined blood quantum or family lineage - in other words, the race of the child.

The Goldwater filing, authored by Clint Bolick, vice president for litigation, includes six claims for relief.

The first count claims a violation of the equal protection guarantee of the Fifth Amendment. “Government cannot treat the safety and security of children with Indian ancestry less seriously than the safety and security of all other children.” “...all subject Plaintiffs to unequal treatment under the law based solely on the race of the child and the adults involved and are therefore unconstitutional under the equal protection guarantee of the Fifth Amendment.”

The second count claims a violation of the due process guarantee of the Fifth Amendment. “The failure of ICWA as applied by the BIA Guidelines to adequately consider the child’s best interests deprives the class of plaintiff children of liberty without due process of law in violation of the Fifth Amendment.

The third count claims a violation of the substantive due process and equal protection clauses of the Fourteenth Amendment. “Defendant McKay’s compliance with and enforcement of the foster/preadoptive and adoptive placement preferences under state law and ICWA, 25 U.S.C. § 1915(b), (a), New Guidelines at §§ F.1, F.2, F.3, F.4, violate the substantive due process rights of children with Indian ancestry, and those of adults involved in their care 24 of 29 and upbringing who have an existing family-like relationship with the child.”

The fourth count claims that the ICWA exceeds the federal government’s power under the Indian Commerce clause and the Tenth Amendment. “ICWA displaces inherent state jurisdiction over specified child welfare, custody, and adoption proceedings and therefore violates the Tenth Amendment.”

The fifth count claims a violation of the associational freedoms under the First Amendment. “This forced association violates Plaintiffs’ freedom of association, which encompasses the freedom not to associate under the First Amendment.”

The sixth count claims unlawful agency action. “BIA overstepped its authority by extending, in the New Guidelines, the jurisdiction-transfer provision to all child custody proceedings. Such extension, which directly contradicts a Congress-enacted provision, harms children in cases where parental rights have been terminated. It gives tribes the “right to request a transfer,” 80 Fed. Reg. at 10156, C.1(c), in cases where Congress expressly did not give tribes a right to request 123. Such agency action is unlawful, in excess of statutory authority, and not in accordance with law.”


[Here is what I know:  Tribes and Indian people didn't create reservations or their conditions and have had to manage for the past 100+ years. Governments taking Indian children was part of the early plan, part of the genocide. Some tribes were decimated by removals of their children. Lawyers play a huge part in child trafficking (adoption) now - to make MONEY...The Goldwater Inst. doesn't seek PROTECTION! The big reason they are fighting ICWA now is they are losing the commodity of children to sell.... Trace]

Saturday, July 11, 2015

Monique Vondall-Rieke on #ICWA

COMMENTS ON THE GOLDWATER INSTITUTE CHALLENGE TO ICWA
(or “More one-sided arguments that we get used to in Indian Country”)

By Monique Vondall-Rieke, J.D.,
Director, Association of Village Council Presidents Tribal Justice Center

BETHEL, AK – The announcement of A.D., et al. v. Washburn by the conservative group known as the Goldwater Institute comes with a bitter deja vu of “haven’t we heard this before?”  I’ve got a few things that I can say are wrong with the pleadings filed by Goldwater on behalf of minor American Indian children, “next friend,” and potential adoptive parents. Mostly, however, I’ve got even more to say on the one-sided EPIC report they have produced to coincide with their summation that ICWA should be declared unconstitutional.

First of all, the report does its purpose for Goldwater regardless of the medical and psychological research that exists and documents the loss of cultural identity and historical trauma that American Indian children have been victims of for centuries. The report also fails to point any blame at even the beginnings of Indian to federal government (i.e. “founding fathers”) relationships and what they are based upon. The truth of the harms of the Doctrine of Discovery is avoided again and the convoluted desire to have an American Indian child at the center of arguments of white conservatives is the Hail Mary of what Justice Scalia coined as “jiggery-pokery” in the recent SCOTUS decision on same-sex marriage. (Not that I would support his use of the term or dissenting opinion, of course.) It just doesn’t surprise me that the Goldwater Institute has invested time and money into a campaign to smear a federal law that undoes what historical trauma to American Indians has done for centuries in one fell swoop of a few isolated wins against ICWA.

The report begins with unmistakably sad stories of failures within American Indian communities across America where ICWA, they allege, did not protect the child. What Goldwater Institute fails to do, however, is focus on why some children are not connected to their tribal affiliation more than when they reach an ICWA stage. What they fail to point out is the overwhelming questions like: what were the incidences that led to those people being isolated from their cultural communities? The answer in most cases is because, somewhere in their lineage, someone was removed from their cultural communities and placed either in a non-Indian home, or in a boarding school. Both situations are damaging for a number of historically traumatic reasons told in stories over and over by our ancestors.

There are two reasons I support ICWA: my oldest son and my youngest son. First, my oldest son was born at a time in my life when I was a precarious young woman who was unsettled and seeking self-identity. I went from being a Catholic to a bible-banging Christian to a Buddhist and it was not until 1999, twelve years after my oldest son was born and adopted by his biological grandparents that I was able to find my spirituality and return to a circle that had been broken by cycles of Catholic influence of my ancestors. My son was nearly adopted by a white family but, thanks to ICWA, the adoption met the family exception and he was adopted by his father’s grandparents, who agreed to keep the adoption open and allowed me to see him. Today, we have a wonderful relationship and he and his beautiful girlfriend are about to give me my third grandson. As an adult, my son sought out his American Indian heritage and came to live with me, my other two children and my husband. I thank ICWA to this day for allowing me to open my eyes to allowing his grandparents to adopt him because they raised him to be a respectful young man.

The second reason I support ICWA is because my youngest son was adopted by my husband and I in 2005. He came to us through an ICWA relative placement and is the light of our life daily. My husband is a kind, caring, loving father and I would have never been able to see that side of him without ICWA giving us the gift of my son through the relative placement requirements of ICWA. In fact, his brother and sister were adopted by my sister, so ICWA has touched many of my family’s lives and has allowed these three children to be raised in our cultural family nucleus. If it were not for ICWA, the relative would not have approached us for early placement of the children, and, without going into detail, my young son could possibly not even be alive today. So, I defend ICWA against its attack and always will. My husband, in fact, wrote a song in gratitude of ICWA. He is a non-Indian (Hungarian) and our son knows his heritage. He knows he is American Indian and can be Hungarian when he wants to be, or Irish, or French, but most of all, he knows that he is safe and loved in his home by his mother and father.

Incidentally, the report by the Goldwater Institute fails to mention that keeping American Indian children in foster care is a multi-billion dollar business for state human service agencies. The Children’s Bureau, U.S. Department of Health & Human Services, AFCARS Report of 2013 reveals that American Indian children make up .9% of the population of U.S. children but represent 2% of the population of children in foster care in the U.S. Some states with high numbers of American Indian populations, like South Dakota, statistics reveal that up to 50% of the children in foster care placement in that state are American Indian.

The Association of Village Council Presidents in Alaska represents 56 tribes and villages in the Yukon-Kuskokwim Delta Region (“Y-K Delta”). The newly-developed South West Region of Alaska shows, in the University of Alaska Anchorage Institute of Social and Economic Research’s report titled “Trends in Age, Gender, and Ethnicity Among Children in Foster Care in Alaska,” that for every 1000 of children in general population, 20 Alaska Native children will end up in foster care, which is more than double the rate of any other region in Alaska. The Y-K Delta has several remote villages and the Office of Children Services for Alaska is deeply involved in the placement of children out of their communities due to the lack of (1) American Indian foster homes in the region and (2) lack of kinship foster care funding for family placements, unlike other states. Although other reasons exist, the quick judgment of removal of a child takes place far more often than in other areas of the United States versus the cost of making a “good faith effort” to place the child in an American Indian home as required by ICWA. These statistics and the removal from communities only exacerbate the loss of cultural identity and increase the stigma of historical trauma on the children.

These are the reasons that ICWA is so important to American Indian children. There are some sad casualties, but in any foster care system, whether the children are American Indian or not, there are casualties and all agencies need to strive for a no-casualty goal to preserve the health and welfare of children, regardless of race or ethnicity, or, yes, even political status. The fix to those problems, however, is not to abolish the Indian Child Welfare Act and not to exploit the misfortunes of failed systems and failure stories. These facts and statistics, Goldwater Institute, is not “pure applesauce.”


Here are the lyrics to the song written by my husband, Stuart Rieke:

 

Listen to Native Peoples First

Call this a protest or a culture song
There’s no changing the laws of diversity
Jesus himself battled the Romans who were wrong
Cause Rome wanted only one set of eyes to see.

Children interpret their daydreams
Through a culture they inherit.
Do you want them to be held away?
Or do you hope they share it?

You want to help write their songs?
But first understand, first sing along.
We gotta learn to listen to Native Peoples first
Before we all try to fix this broken Universe.

Call this a plea to reason
Or a personal narrative.
My son sees the seasons
Through eyes of the cultures where he lives.

Every generation is like a wave
You’ve got to give them room to feel the shore
How can you think they’re yours to save?
They need their own center, their cultural core!

You want to help write their songs?
But first understand, first sing along.
We gotta learn to listen to Native Peoples first
Before we all try to fix this broken Universe

Friday, July 10, 2015

shattered

Editors Note: Protecting poor children, not just Native children, is a big concern across America in 2015.  Systems like adoption services and foster care are slowly being privatized, therefore companies and states are making a profit from removing children and placing them in foster care or adoption...  In some Maine tribes — in the mid-1970s — as many as one in three children were in foster care, usually with non-Native families.  In that system, children experience traumatic change, loss of culture and lost family connections.  By understanding this history, dire poverty and ongoing Third World conditions across the USA, knowing the truth is absolutely necessary to prevent and stop this from happening again...Trace Hentz
 

A historic process is exposing the injuries inflicted by Maine’s child welfare system on generations of Wabanaki people — and illuminating a way forward to bring healing and change.

By Virginia M. Wright | Photographed by Séan Alonzo Harris | SOURCE
"...I was taken from my home. I don’t know how old I was, but I was pretty young. They took all of us — my sisters, my brother, and me — and they placed us in foster care. Then, slowly, my mother got us back. I was the last one to come home.”
With her square-frame glasses and dark hair that falls loosely past her shoulders, Cheryl looks like a college student, but she is in her late 40s, a mother of four grown children and a grandmother of two. We are meeting in a friend’s office near her home on Wabanaki tribal land, away from neighbors’ curious eyes.
For the past four months, I’ve been reaching out to Wabanaki community leaders, trying to connect with people who have testified before a truth and reconciliation commission investigating Native Americans’ experiences with Maine’s child welfare system. In addition to Denise Altvater, the Passamaquoddy woman who helped launch the probe by publicly sharing her story about life in an abusive foster home in the late 1960s, only one other person with direct foster-care experience has agreed to meet with me. Cheryl is not her real name — she asks to share her story anonymously out of respect for her mother, whose own childhood was marred by forced enrollment in an Indian boarding school, where children were beaten for speaking their language and practicing their customs.
Shattered, Maine Wabanaki People - 5
Cheryl tells me she was a teenager when she began asking questions about fragments of memory that she couldn’t explain — strange faces, an unfamiliar house, places visited. It was her older sister who told her that the recollections were not a dream, that they’d been separated from their mother, and from each other, for nearly three years. Their mother never spoke of it — at least not with words.
“My mother never liked the state,” Cheryl says. “She wanted to keep us out of school, but she made us go to keep DHHS (Department of Health and Human Services) from knocking on the door. She was very strict. No phone calls. No going to see friends. No friends over, either. As a teenager, it was hard for me to understand, but she had her reasons: to protect us.”
In some Maine tribes at that time — the mid-1970s — as many as one in three children were in foster care, usually with non-Native families. “The system was pretty hard on Native Americans,” Cheryl says. “We stick out in a white community. There were always fingers pointing, women reporting on our families, and then, all of a sudden, the state would be involved. It happened to me once. I know how it feels.”
Late one hot summer night, when her children were little, Cheryl rushed her son, who was burning with fever, to the emergency room. The next day, a state caseworker came to her door. “The nurse had called DHHS because my child was dirty,” she recalls, a trace of anger in her voice. “It’s not like you’re going to put your child in the bathtub at 3 in the morning. My children weren’t taken, I only had to take parenting classes, but still.”

We would know our language and our traditions if our grandparents hadn't gone to that school.

 
— Krista Stevens, Micmac community leader
Cheryl gave a statement to the truth commission, she says, in part because she wants better things for her kids and grandkids. Mostly, though, she did it for her mother. “My hope is to be a voice for those who don’t talk, for those who are keeping it inside,” she explains. “They never share with others because the pain was so great, and it is even still. Our elders are very proud people. We respect their silence. We respect their privacy. But it’s like a volcano, where it’s quiet, but things are happening underneath. Then, all of a sudden, it erupts. Just because they’re not saying anything, it doesn’t mean that something isn’t there. Their silence is so loud.”
On an evening in late April, Carol Wishcamper, co-chair of the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission (TRC), welcomed roughly 140 people to the first of five forums airing the findings and recommendations from the commission’s 2½-year investigation (a final written report was to be presented at a closing ceremony on June 14 in Hermon). “I feel it’s important to recognize that we are in the Dyke Center at Husson College in Bangor, Maine, on Penobscot territory, and to be very aware of all that has come before in this spot,” said Wishcamper, who is a prominent philanthropist and a consultant for educational organizations.With that simple statement, softly delivered in a thin, high voice, Wishcamper was preparing the mostly white audience for the unsparing subtext of the report they were about to hear: Indian child welfare is tangled in a complex web of issues dating back to colonization, and it can only be effectively addressed by reckoning with a still-unfolding history of genocide, racism, and conflicts over tribal sovereignty.
The commission’s five members were seated in February 2013 at the behest of Maine-Wabanaki REACH, an organization comprised of both Natives and non-Natives, mostly women, who have worked in child welfare for the state, private agencies, and the four nations of the Wabanaki Confederacy: Passamaquoddy, Penobscot, Micmac, and Maliseet. REACH (the name stands for reconciliation, education, advocacy, change, and healing) evolved out of a state-tribal workgroup formed in 1999 after a federal review found that Maine was not complying with the 1978 Indian Child Welfare Act (ICWA), which sets standards for child custody proceedings that aim to keep Indian children with their relatives and tribes, even when they have to be removed from their parents.
Shattered, Maine Wabanaki People - 3
The commission’s mandate, signed by five Wabanaki chiefs and Governor Paul LePage, was to find out what happened and is still happening to Wabanaki families in the child welfare system, to recommend improvements, and to illuminate a path forward that promotes healing and cooperation. It is the first truth and reconciliation effort in the U.S. to address Native child welfare practices, and it is believed to be the first in the world to be collaboratively developed from the start by all parties — in this case, the Indian nations and child welfare workers.
Nearly 160 individuals, more than two-thirds of them Wabanaki, have given testimony to the TRC. Others who have testified are DHHS employees, guardians ad litem, family court judges, and foster and adoptive parents. The commission’s staff also has examined DHHS data for the past 12 years and found that, while the state has greatly improved its practices since it was admonished in 1999, Native children are nonetheless entering state custody at a rate that is five times greater than that of the general population.
“We are finding this continued taking must be considered within the context of genocide,” TRC’s executive director Charlotte Bacon told the gathering in Bangor. Bacon referenced the 1948 United Nations Convention for the Prevention and Punishment of the Crime of Genocide, which defines “forcibly transferring children of [an ethnic] group to another group” as a genocidal act. “As people who love the state of Maine, we want to believe that this didn’t happen here. It’s even harder to believe that it’s continuing to happen. But we have to believe it in order to make progress in terms of making change and really living with Wabanaki families as neighbors.”

A lot of people are fighting demons, and they need to realize the demons are not their fault.

 
— Dena Joseph, Micmac community leader
These are some of the stories that made front-page news in Maine in recent months: The federal government joined the Penobscot Indian Nation in its lawsuit against the state over fishing and hunting rights on the tribe’s ancestral river. The state Department of Environmental Protection announced it would disregard a federal Environmental Protection Agency order to tighten pollution standards to ensure that tribes can safely eat fish from their waters. The MSAD 54 school board rejected Wabanaki representatives’ request to stop using the name “Indians” for Skowhegan Area High School sports teams. The Maine Department of Marine Resources banned the use of elver fyke nets by Passamaquoddys licensed as sustenance fishermen, saying they were circumventing a state quota system. Governor Paul LePage rescinded a 2011 executive order promoting cooperation between the state and its “sovereign Native American tribes,” because the state’s interests “have not been respected.” And, in May, the Penobscot and Passamaquoddy nations withdrew their representatives from the Maine Legislature, citing their deteriorating relationship with the state.As a resident of this state for more than 30 years, I can’t remember another time when interactions between the tribes and Maine’s state and local governments have been so contentious. But perhaps that is largely my own failing: I wasn’t paying much attention, a shortcoming that I would comfortably bet I share with most residents of our overwhelmingly white state. When I began interviews for this story, I noticed that my conversations with Wabanaki people often ranged into other topics, many of them matters I regarded as history, like the 1980 Maine Indian Land Claims Settlement or the 17th-century’s bloody conflicts between Native Americans and colonists. Over and over, I’d try to steer the conversation back to the subject of child removals, until one day, while listening to a presentation by Passamaquoddy activist Esther Attean, I finally got it: the Wabanaki are living with the consequences of these events every day.
Shattered, Maine Wabanaki People - 1
The average age of death for Wabanaki people is 54 years. Seventeen percent of Maine Native Americans have diabetes, compared to 8 percent of the general population. Unemployment in Maine indigenous communities ranges from 15 to 20 percent, which is three to four times higher than the state as a whole. More than half of the residents of the Passamaquoddy Indian Township Reservation are living below the poverty level (the percentage of people living below the poverty level is 43.8 percent at the Passamaquoddy Pleasant Point Reservation and 33 percent at the Penobscot Indian Island reservation). Alcohol abuse or dependence is reported by 14 percent of Native Americans. And there are too many Native children in foster care. Everything is connected, Attean says. Tug on the thread of one issue, and you’ll find it is attached to everything else.

The conditions that people have been kept in are deplorable, worse than third-world countries.

 
— Gkisedtanamoogk, TRC Commissioner
Slender, with long dark hair, Esther Attean grew up on the Passamaquoddy reservation of Sipayik, or Pleasant Point, in the late ’70s and early ’80s, when the Maine Indian Land Claims Settlement was being negotiated and, she says, “the newspapers were full of racist letters to the editor.” Roman Catholic nuns served as the child welfare agents, she recalls, and “if they saw your kids were dirty, they could take them.” A founding member of the 1999 ICWA workgroup, Attean is one of the forces — if not the force, some of her colleagues say — behind truth and reconciliation. As the co-director of REACH, along with her Muskie School of Public Service colleague Penthea Burns, she has coaxed wary tribal communities into opening their doors to commissioners and their staff, and she has spent much of the last year traveling around Maine to give lectures about the grim treatment of Native people by state and federal government and about the healing power of telling the truth.
At one such gathering in Bangor, after introducing herself in both Passamaquoddy and English, Attean told her audience that Wabanaki people have suffered a 98 percent population decline since Europeans arrived on these shores. Disease is the biggest culprit, she said, but the Wabanaki were also devastated by war and forced removal from their lands throughout the 18th and 19th centuries. Only four of the 20 distinct Wabanaki tribes that once ranged throughout Maine survive. Between them, they count 8,000 members, about .6 percent of the state’s 1.3 million people.
Maine has sometimes lagged behind the rest of the nation in remedying injustices rooted in racial discrimination. Native Americans didn’t win the right to vote in state and local elections until 1967, making Maine the last state to grant them suffrage. Thirteen years later, the Maine Indian Land Claims Settlement brought millions of dollars to the impoverished Penobscot, Passamaquoddy, and Maliseet tribes. The funds would help to greatly improve living conditions, but the pact, unique in the U.S., created a muddy jurisdictional arrangement that has found the state and tribes clashing over sovereignty time and again, whether the context is fishing or logging or child custody matters.
Shattered, Maine Wabanaki People - 6
Child welfare practices have exacted their own devastating toll, Attean said. Hundreds of Native children have been removed from their homes in Maine, beginning in the late 1800s with the federal Indian boarding school movement, which set out to assimilate Indians into white society, and continuing into the 1970s with adoption projects that deliberately placed Indian children in non-Indian homes. Children lost touch with their families, their language, and their spiritual and cultural traditions. “They returned to their communities with trauma that has filtered through the next generations,” Attean said.
Intergenerational, or historical, trauma was first conceptualized by Columbia University associate professor Maria Yellow Horse Brave Heart in the 1980s as a way of understanding why so many American Indian communities are not faring well. It has since been embraced in the field of psychiatry to explain difficulties experienced by children and grandchildren of Holocaust survivors. Simply put, it describes how a parent’s post-traumatic syndrome affects his children and their children in turn, a phenomenon multiplied in Native communities where injuries have been inflicted repeatedly and experienced widely by many families and many generations.

Reconciliation is a continual process of learning how to be in the same space together.

 
— Esther Attean
“What makes all of these injuries worse is the denial of all this history,” Attean tells me. “It’s denied. It’s repressed. It’s pushed down. Because it’s too hard to admit that it hasn’t stopped. Reconciliation starts with acknowledgement of the truth about what happened, not to lay blame, but just to say yes, this happened, and what are we going to do about it now. To me, reconciliation is a continual process of learning how to be in the same space together. Reconciliation would be not seeing what my people are going through with elver fishing, not seeing what the Penobscots are going through with the river, not seeing a Penobscot woman have to write to the paper to explain what a Skowhegan Indian is.”
On the coastal Sipayik reservation near Eastport, Esther Attean’s sister-in-law, Denise Altvater, is telling me about a collection of old photographs she recently found in her mother’s home. “There was a picture of me and my sisters. It was Easter, and we all had Easter baskets. I had on a beautiful dress and new shoes, and I was sitting on my father’s lap,” she recounts with wonder. “There was another picture of us in our bedroom. Do you remember those bedspreads that had little balls like popcorn on them? Those were the kind of bedspreads we had. I’m looking at those pictures, and I’m thinking, ‘I don’t ever, ever remember living that kind of life.’”The pictures were taken in the early 1960s in Buffalo, New York, where Altvater’s father was a police officer. When her parents separated, Altvater’s mother brought her six daughters home to Sipayik. Like many of the homes on the reservation at that time, theirs was little more than a shack, with no running water or electricity. The girls slept on mattresses in the attic. They were often hungry, and Altvater remembers being humiliated by store clerks’ scorn when she presented the food vouchers that were doled out to families by the state Indian agent as payment for logging operations on Passamaquoddy land.
One day in 1966, when Altvater’s mother wasn’t home, state caseworkers came into the house, stuffed the girls’ clothing into garbage bags, loaded all of them into two station wagons, and drove to a foster home in Old Town, 2½ hours away. There, the girls — Altvater was just 7 — suffered repeated physical and sexual abuse. It would be four years before caseworkers moved them to a safe home in Hampden.

This history is denied. It’s repressed. It’s pushed down. Because it’s too hard to admit it hasn’t stopped.

 
— Esther Attean
“Sitting here today, the biggest thing on my mind is that it was set up so they had an excuse to take children from the reservations because of the conditions that we had to live in,” Altvater says. “I don’t know why I was taken to this very day. I’ve sat with the people who have access to records. I’ve made written requests to get them, and I’ve been told that they are lost.”
Altvater’s story has become symbolic of the TRC effort because she has been willing to speak publicly about her experience and the damaging effects it had on her and her family. Two sisters have died, one at age 41 from diabetes, which Altvater says went untreated during those years in Old Town, the other at age 51 from a drug overdose. A recovering alcoholic for 30 years, Altvater, 56, says she struggled to parent her three children, describing her younger self as moody and withdrawn. She wipes away tears as she describes a conversation last year with her adult son. “I said, ‘I want you to please tell me the truth because I need to know: When you were younger, did I beat you?’ He looked at me, and he said, ‘Mom, how can you not remember?’ He told me everything that happened. He said, ‘The worst thing you ever did was say you wished I’d never been born. One night I came to kiss you goodnight, and you pushed me away. I was always afraid to come home, because I never knew what kind of mood you were going to be in.’” She has worked to make amends and describes her relationship with her son as strong and loving. “You talk about the truth, you deal with it, and you apologize,” she says.
In a 2012 interview with WCSH-TV, Martha Proulx, a DHHS Office of Child and Family Services assistant administrator and REACH member, said that the state acknowledges that children often were removed from their homes simply because they were poor and Native. Even though the policies of assimilation ended when ICWA was enacted in 1978, Proulx added, Native children were still being removed at higher rates than non-Native children, and they stayed in state custody longer. “People were doing their best with the knowledge at the time,” Proulx said. “Unfortunately, this knowledge wasn’t the best, and it did impact families in a negative way.”

It was set up so they had an excuse to take children because of the conditions we had to live in.

 
— Denise Altvater
When I emailed Proulx in April to request an interview, she responded enthusiastically and said she would run it past the DHHS press office. The next day, Governor LePage rescinded his executive order promoting cooperation with the tribes. When I followed up with Proulx, she said she was still waiting for approval. I didn’t hear from her again. Likewise, my request for an interview with Child and Family Services director Jim Martin hit a dead end, and Governor LePage himself did not respond to questions submitted by email to his spokeswoman, Adrienne Bennett.
Indian families were not the only ones affected by DHHS practices. In the early 1980s, Bette Hoxie fostered the infant son of a Wabanaki woman who was struggling with substance abuse (the father had denied paternity). The boy, who had significant medical needs, had been placed in Hoxie’s care three times by the time he was 20 months old, and she began adoption proceedings with the blessing of his mother and extended family. “We made some hard decisions together that formed a bond that you can’t begin to understand if you haven’t done it,” she says.
She was blindsided when she found herself in district court, sitting across from representatives of the now-defunct Central Maine Indian Association, who had come to oppose the termination of parental rights. “Suddenly, I was worrying about whether my child is going to be my child,” recalls Hoxie, who is the executive director of Adoptive and Foster Families of Maine and the mother of 11 children, eight of whom are adopted. “I knew about the Indian Child Welfare Act, but I thought it had been circumvented with the dialogue that had gone on between DHHS caseworkers and the biological family members of my son. It was pretty shocking.”

Unfortunately, this knowledge (at DHHS) wasn’t the best, and it did impact families in a negative way.

 
— Martha Proulx
DHHS brought in a pediatrician and a child psychologist, who testified that the boy’s needs would best be met with the Hoxies, and the termination was approved. “If it hadn’t been for those doctors coming in, I probably would have been quite beyond myself,” says Hoxie, who chalks up the incident to caseworkers’ inexperience with ICWA, which was then relatively new.
The Hoxies’ attempts to maintain their son’s connection to his culture had mixed results. His mother’s tribe welcomed him to powwows and other ceremonies, and he remains close to some members of her family (the mother is now deceased). The reception was cooler in his father’s community. After being turned away from one event, Hoxie didn’t try again. “I didn’t want to force myself on anyone, and he was still young, and we were going through enough just getting him physically well,” she explains. “But I think having a stronger connection with his tribal roots would have been good for him.
“One of the things that I’ve learned about adoption is that it is bittersweet. Your joy is built on someone else’s extreme loss and sadness. I keep going back to the idea of wouldn’t it be nice if, instead of terminating parental rights, we could resolve a situation by simply adding another layer of family — adoption without termination of parental rights? That is the philosophy of Native American tribes across the United States.”

Wouldn’t it be nice if, instead of terminating parental rights, we simply added another layer of family?

 
— Bette Hoxie
Wholly reliant on grants for its funding, the TRC initially envisioned a small-budget version of the sharing panels organized by the Truth and Reconciliation Commission of Canada, which is investigating residential Indian schools, or the public hearings held by the South African Truth and Reconciliation Commission, which investigated human rights abuses under apartheid. But getting people to share their stories was not easy.“We started off bringing people together so they could share their statements publicly, but sometimes the ramifications of that, even in their own communities, created more detriment,” says TRC co-chair gkisedtanamoogk (pronounced key-said-TAH-NAH-mook), a member of the Mashpee Wampanoag Tribe of Massachusetts and a Native studies professor at the University of Maine. “So it has been a more intimate process, where we have gone into these communities by invitation and gathered statements individually. We’re dealing with a lot of pain. We have as a backdrop the policies of both the United States and Canada to destroy a culture and to do it by the forcible removal of children from their communities and families. The impact of that is horrifying for both the child and the family. You can’t begin to imagine what people have been carrying all of this time. With truth and reconciliation and their courage to share their story, they are finally getting this tremendous weight off their chest.”
DHHS employees, meanwhile, have been “forthcoming and supportive,” Carol Wishcamper says. The state has worked closely with the tribes and made “really consistent improvement” since 1999, she says. Nevertheless, the TRC found there is room to do more, including being more vigilant about identifying Native children when they come into the system and licensing more Native foster homes. (Maine currently has a severe shortage of foster and adoptive homes in general.)
“But even if those things happen, we really need to look at the larger context and try to untangle the knot of sovereignty issues and the ongoing impacts of institutional racism,” Wishcamper says. The TRC has found, for example, that conflicting cultural attitudes about child rearing may be contributing to the disproportionate removal rates. “White culture has its own judgmental attitudes toward what constitutes family, which is different than the tribal definition of family,” Wishcamper says. “In a tribal community, it’s okay if you have three aunties you’re spending your time with — you can be with one auntie one night, another the second night, and another the next, and that’s being with your family. In white communities, two parents in a house raise their children. We want the child to have his own bedroom and to be in the home in a more consistent way. So we need to think outside our own heads, which is very hard to do.”

As people who love the state of Maine, we want to believe that this didn’t happen here.

 
— Charlotte Bacon
TRC and REACH members use the word “genocide” broadly to describe not only physical destruction of the Wabanaki during the 1600s and 1700s, but also the cultural and epistemological eradication that was government policy during the boarding school and adoption project era, and which they say continues, if unintentionally, under current policies and practices. REACH’s non-Native staff members include that history in their Ally program, which is training people around the state to be advocates for the Wabanaki on various issues, like the ongoing clash between the state and the Penobscots over rights to the Penobscot River.
“One of the challenges we’re going to have is getting people to absorb how they have benefited from tribal oppression,” says Matthew Dunlap, a TRC commissioner and Maine’s secretary of state. “Because it’s easy in this conversation to say, ‘This is not my responsibility. I did not wipe out 16 nations of people, that was in the 1600s, 1700s, 1800s. That was not us.’ But it was us. We’re the heirs of that, so we have to be accountable for that personally and collectively as a community.”
A few months ago, Luke Joseph had a suggestion for his sons, Kohen, 4, and Knox, 2. “I said, ‘You know what? I think we should grow our hair out.’ Now, Knox has got a decent head of hair on him. It’s almost to his shoulders. Kohen’s hair is a little longer than mine. And they like it.”I am sitting with Luke, his wife Dena, and Dena’s cousin, Krista Stevens, in the community room of the Micmac Cultural, Community, and Educational Center, located in a small tribal housing development in Presque Isle. Once a week, Dena and Krista come here to lead healing circles for people who have given testimony to the TRC — a ritual that also is being led by REACH staff members in other tribal communities and will continue after the commission disbands.
Luke, whose roots are Micmac, Passamaquoddy, and Maliseet, says his desire for a traditional hairstyle grew out of his work as the Aroostook Band of Micmacs’ ICWA director for the past two years. In addition to working with DHHS caseworkers to make sure ICWA procedures are followed, he travels all over the state to visit children in foster care and share aspects of Wabanaki life and culture that they would otherwise miss.

We need to untangle the knot of the ongoing impacts of institutional racism.

 
— Carol Wishcamper
But Luke is just learning about many of these things himself. His parents grew up during the ’50s and ’60s in a small Maliseet settlement of tarpaper shacks near the Houlton town dump, a place so bleak it was known as Hunger Hill. When his mother was 8 or 9, she was placed in a foster home in St. Agatha, 100 miles away, and she did not come home until she was 19, an experience she has rarely spoken about. Luke’s father spent much of his adult life incarcerated for crimes related to his alcoholism, but his mother “busted her butt” and became a supermom, frequently taking in kids she encountered through her work as the Maliseets’ social services director. “We’d come home from school and these kids would get off the bus and come down the road with us,” recalls Luke, who grew up in a white neighborhood. “My mom would say, ‘Oh, by the way, these people will be staying with us for a few days.’”
Dena and Krista have inherited a similar legacy. Dena’s mother spent time in foster care and later lived in fear that her own children would be taken. Their grandmother and late grandfather were enrolled in Nova Scotia’s Shubenacadie Indian Residential School, infamous for its use of corporal punishment. “Both of them were fluent in Micmac before they went there, but now if you ask my grandmother for a certain word, she doesn’t know,” says Krista, a single mother of three. “There is a big gap, a loss. We would have known our language and been brought up in our traditions if they hadn’t gone to that school.”
They’re working, though, to reclaim their culture. Dena and Krista open and close their healing circles by smudging — burning a bundle of medicinal herbs (tobacco and sage) to purify the space. An eagle feather is passed around the circle from speaker to speaker until no one has anything more to say. Luke and Dena listen to drumming music as they go about their household chores, something they never heard in their homes when they were kids. Luke’s sister is a pipe carrier, who conducts sacred ceremonies. “It’s neat to see how this generation is picking up the stuff our parents and grandparents weren’t allowed to do — if they did, they were persecuted,” Luke says. “I see a revival in our culture, people getting back in touch with the spiritual side of our heritage.”
This too is reconciliation and healing, says Esther Attean. During her presentations, she talks about decolonizing the diet and reviving the traditions and spiritual rituals that sustained the Wabanaki for thousands of years. “There were once 20 tribes in the Wabanaki confederacy and we remain,” she told the audience at Husson College. “We are still here for a reason: we have strengths. For all that trauma that’s been handed down, there’s a lot of strength that’s been passed down too.”

Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission

Key Findings
  • Native children are entering foster care at a rate that is 5.1 times greater than the nonnative population.
  • There is continued resistance to the idea that native people in Maine have experienced and continue to experience genocide.
  • State child welfare workers and Wabanaki people have different concepts of child rearing and the role of the Indian Child Welfare Act (ICWA).
  • State compliance with and training around ICWA has greatly improved, but there is a continued need for systemic change.
  • Conflicts between ICWA and the Adoption and Safe Families Act are creating tensions in native child welfare matters.
  • Tribal and state cooperation in all matters makes a significant difference, but it takes years to cultivate.
  • Nonnative people are more likely than native people to report their relationships with the other to be good and trusting.
Key Recommendations
  • Respect tribal sovereignty.
  • Honor traditions and culture that implement the spirit of ICWA.
  • Celebrate the cultural renaissance of the tribes.
  • Develop more substantive trainings in ICWA for child welfare workers.
  • Maintain conversations between all stakeholders and be willing to work past roadblocks.
  • Investigate the creation of a joint legislative commission on tribal-state affairs.
  • Encourage Governor LePage to reinstate his 2011 executive order recognizing the “special relationship between the state of Maine and the sovereign Native American tribes located within the state of Maine.”
  • Monitor ICWA compliance, develop policies, and choose liaisons with the input of tribes.
  • Resolve issues with the disbursement of Federal Foster Care Program funds.
  • Support better communication between tribal child welfare offices and foster and adoptive parents.
  • Educate state and tribal child welfare workers on the new Bureau of Indian Affairs regulations for ICWA.
  • Fund tribal courts for the Micmac and Maliseet tribes.
These are preliminary findings. A final report will incorporate feedback from five public forums.

Wednesday, July 8, 2015

Washtenaw Tribal Court Celebrates Event

Washtenaw County Reunification Day Coverage; Justice McCormack, Judge Conners, and Chairman Mandoka


Here is “Reunification Day” from the Washtenaw County Legal News, Michigan.

An excerpt:
Justice McCormack acknowledged how moving the annual Adoption Day celebrations are and that “in a way, this is even more moving.
“As I look around and talk with people today, I believe it’s a privilege to be a part of this celebration. What a tremendous accomplishment. In reading thousands of petitions, you come to understand the struggles that families are facing in this process and of what’s required of them. I know from personal experience and as a mother that parenting is incredibly hard work. Raising a family is hard even when things are going well let alone the curve balls thrown at families in the court process.”
McCormack noted that parents “are only as happy as your unhappiest child.”
“As an appellate judge, it isn’t often that I can look a parent in the face and say, ‘Well Done.’ So it’s nice to say that today. In spite of setbacks, you didn’t stop working to show your kids what it means to be a family. And as important as that accomplishment, you have shown your kids how to get through it when life throws you a curve ball.”
Chairman Mandoka noted that during his involvement in the development of a tribal court system in Michigan, tribal leaders needed to address difficult family situations.
“We wanted to make sure people could see more clearly when in a fog. In the fog, you feel lost, you make wrong decisions. We’ve all been a part of that. We have now developed a court system and a probation system to help struggling individuals see past that fog.
“In the end, it’s always about a relationship. You can talk about models, plans and forecasts but it’s still all about the relationship; eye-to-eye contact and a handshake.
“We all should make sure that we leave this earth a better place than how it was when we came into it, for our children. That’s what should drive us, should be our passion.”
Judge Connors noted that those involved in child welfare work have defined the responsibility to three core accomplishments: safe children, strong families and supportive communities.
“We are always looking at doing whatever furthers those key goals. One thing we have learned from Native American culture and tribal courts is the importance to come to your work with an internal balance. Only then can we bring the best that we have to a situation."

Monday, July 6, 2015

Third lawsuit challenging ICWA

baby selling was rampant

From the press release we received. This will become the third ongoing federal lawsuit challenging ICWA:

Goldwater Institute to File Class Action Lawsuit Against Indian Child Welfare Act

Institute launching Equal Protection for Indian Children Project to reform federal and state laws that discriminate against abused and neglected Native American children

Contact: Starlee Coleman, (602) 758-9162

Phoenix—Tomorrow, Tuesday, July 7, the Goldwater Institute will launch a new project to reform the Indian Child Welfare Act and similar state laws that give abused and neglected Native American children fewer rights and protections than other American children. Part of this project will be a class action lawsuit.

“When an abused child is removed from his or her home and placed in foster care or made available for adoption, judges are required to make a decision about where the child will live based on the child’s best interest. Except for Native American children. Courts are bound by federal law to disregard a Native American child’s best interest and place the child in a home with other Native Americans, even if it is not in his or her best interest,” said Darcy Olsen, president of the Goldwater Institute. “We want federal and state laws to be changed to give abused and neglected Native American children the same protections that are given to all other American children: the right to be placed in a safe home based on their best interests, not based on their race.”

On July 7, the Goldwater Institute will file a federal class action lawsuit to challenge the constitutionality of core provisions of the federal Indian Child Welfare Act. The same day, the Institute will release an investigative report that documents how federal law leaves Native American children with fewer protections under the law than all other American children, and the serious consequences that have resulted from this unequal treatment. Recommendations for changes to state and federal law will also be announced.

Two weeks ago both the House and Senate passed the Native American Child Protection Act that for the first time requires prospective adoptive and foster parents to be fingerprinted. The Bureau of Indian Affairs is currently considering turning recent guidelines into formal federal rules that would further entrench the legal discrimination against Native American children.

Clint Bolick, the vice president of litigation at the Goldwater Institute, litigated a class action in Texas in 1995 that was the impetus behind the federal Multi-ethnic Placement Act, which outlawed delays or denials in foster care or adoption placements on the basis of the race, color, or national origin of the child or the adults involved.

Media is invited to watch via live stream a press event that will formally announce the details of the lawsuit, release the investigation, and policy recommendations, and screen an original 8-minute documentary film. The briefing will feature Dr. William B. Allen, the former chairman of the U.S. Commission on Civil Rights.

 What:              Press conference announcing the Equal Protection for Indian Children Project and federal class action lawsuit
When:             Tuesday, July 7, 2015, 9:00 a.m. Pacific time
Who:               Press event will feature Darcy Olsen, president of the Goldwater Institute; Clint Bolick, the Institute’s vice president of litigation; Mark Flatten, the author of the Institute’s investigative report to be released; Dr. William Allen
 Please contact Starlee Coleman at scoleman@goldwaterinstitute or (602) 758-9162 with questions.

Wednesday, July 1, 2015

UNJUST Sealed Birth Certificate Laws



My original birth certificate--everyone should have the same
As the legislative session wound down in New York, the Assembly passed a bill that allows natural birth parents not only a veto, but put in place a confidential intermediary system, those assuring that many more
birth mothers will deny their children knowledge of their original identity. The bill (S5964) was referred to the Senate Rules committee but in the flurry of activity that engulfs the legislative chambers in the last hours of every session, it stayed in committee as the session ended.

After years of work on giving adoptees the right to know who they are--without any restriction, without a natural parent veto--this legislation was disappointing. Assemblyman David Weprin who has been the main sponsor and spark plug for this bill obviously felt that he could not get a clean bill--no restrictions, no confidential intermediaries--despite strong lobbying at the end to kill the bill. It passed 125-19. My own assemblyman Fred Thiele, who has been a staunch supporter of the original bill that had no restrictions, in the end joined those who voted for this bill.


KEEP READING: [Birth Mother] First Mother Forum: UNJUST Sealed Birth Certificate Laws: 


[1] At this writing: Alabama, Alaska, Kansas, Maine, New Hampshire, Oregon and Rhode Island
and allow adult adoptees unrestricted access to their original birth certificates; Rhode Island adoptees must be 25. I call them free states. 


[2] At this writing: Connecticut, Colorado, Delaware, Illinois, Massachusetts, Montana, Ohio,
Oklahoma, Tennessee, Vermont, and Washington. New Jersey will join that list in 2017. The American Adoption Congress website lists the state laws and the access they grant. See: http://www.americanadoptioncongress.org/state.php
[4] Samuels, “The Idea of Adoption: An Inquiry into the History of Adult Adoptee Access toBirth Records,” Rutgers Law Review, Winter 2001, Vol. 53:2, pp. 432-434.


PLEASE FEEL FREE TO FORWARD TO YOUR LEGISLATOR IN ANY STATE THAT DOES NOT GIVE ADOPTEES THE FREE AND CLEAR RIGHT TO THEIR ORIGINAL BIRTH CERTIFICATES.

Thursday, June 25, 2015

If Truth Be Told

By Lorie Graham and Kathryn E. Fort | THE HILL, Congress Blog


For more than a century, the governments of Canada and the United States pursued a policy of forcible removal of indigenous children from their homes and communities.  The Truth and Reconciliation Commission of Canada recently released a report on these removal practices, recognizing them to be part of a policy of “cultural genocide.”

On June 14 the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission released its own official findings on the widespread removal of Wabanaki children in that state.  This is not a story unique to Maine or Canada, nor is it a story of the past. These removals occurred throughout the United States and continue today.  According to the Maine Wabanaki TRC, indigenous children are five times more likely than non-indigenous children to be removed from their homes.  Nationally, there are similar disparities in foster care and adoption rates, leading one United Nations human rights body in 2014 to express “concern over the continued . . . removal of indigenous children through the U.S. child welfare system.”

And in an ongoing class action suit in South Dakota, a federal court recently ordered state officials to stop violating the due process rights of Indian parents and tribes in state child custody proceedings.  In some cases, children were taken from their parents in hearings that lasted less than 5 minutes, without any opportunity to present evidence.
 
Forcible removal of indigenous children from their families dates back to colonial times, when missionaries set out to “Christianize” and “civilize” Indian children under the guise of educating them.  The federal government continued these practices, establishing boarding schools around the country, such as the Carlisle Indian Industrial School in Pennsylvania.  This school was founded in 1879 by Army Captain Richard Henry Pratt, who is well known among indigenous peoples for his brutal methods of “civilizing” Indian children.  The destructive intent of Pratt and other federal officials is evident in his famous statement that   “A great general has said that the only good Indian is a dead one. . . In a sense, I agree with the sentiment, but only in this: that all Indian there is in the race should be dead.  Kill the Indian, in him, and save the man.”

In the mid-1900s, other mechanisms beyond the federal boarding school were used to sever a child’s ties with her tribal community, such as the 1958 BIA-sponsored Indian Adoption Project.  By 1974, when the U.S. Senate convened a special hearing on the Indian child welfare crisis in this country, 25-35 percent of all indigenous children were being systematically removed from their homes by nontribal public and private agencies.  According to Congress, “child welfare agencies failed to recognize the essential tribal relations of Indian people and the culture and social standards prevailing in Indian communities and families.”  These findings led to the passage of the 1978 Indian Child Welfare Act (“ICWA”), groundbreaking legislation designed to protect Indigenous children, their families, and tribes. Yet as a matter of practice, the law has been misconstrued, misapplied, and at times completely ignored.

To address these shortcomings, the federal government recently enacted new guidelines and proposed new regulations to ensure nationwide uniformity in the interpretation of ICWA.  However, this federal commitment is under attack by some who claim the guidelines do not address the “best interests” of Indian children. But what these legal challenges fail to recognize is that the “best interests of Indian children” is at the heart of ICWA. Congress recognized that there was a need for minimum federal standards to counter abusive child welfare practices and the negative consequences that those practices have on Indigenous children, their families and tribes.

As First Lady Michelle Obama recently noted, “given this history, we shouldn’t be surprised at the challenges that kids in Indian Country are facing today.  And we should never forget that we played a role in this.  Make no mistake about it – we own this.”


ICWA and its guidelines recognize that indigenous children have a right to maintain their cultural and familial relations, and that tribal governments have a sovereign right to protect their children from wholesale removal.  At its core, ICWA is about keeping children with their families and communities, which is why it has been recognized by the Annie E. Casey Foundation and other national child welfare groups as the “gold standard for child welfare policies and practices in the United States.” These aims are consistent with the UN Declaration on the Rights of Indigenous Peoples, which the United States endorsed in 2010. And the aims are as important today as they were forty years ago when ICWA was passed, given the ongoing issues in Maine, South Dakota, and elsewhere in the United States.

Rather than legal challenges, perhaps what we need in the United States is our own national Truth and Reconciliation Commission (using the UN Declaration as a guiding document). As the Maine Wabanaki TRC noted in their Declaration of Intent “important progress has been made with the passage of the ICWA,” but “Maine’s child welfare history continues to impact Wabanaki children and families today.  We have come to realize that we must unearth the story of Wabanaki people’s experiences in order to fully uphold the spirit, letter, and intent of ICWA.”  Unearthing the stories through a national TRC may be essential for the wellbeing of indigenous children, families, and tribes across the United States. In the meantime, the new guidelines and proposed regulations ensure that state courts and others who are involved in Indian child welfare cases move forward with greater clarity and understanding.  

Graham is professor of Law and Co-Director of the International Law Concentration at Suffolk University Law School in Boston and a visiting professor of Law at Harvard Law School.  Fort is an attorney with the Indigenous Law and Policy Center at Michigan State University College of Law, and has extensive experience in the field of Indian child welfare.

Saturday, June 20, 2015

Aboriginal history, culture coming to B.C. schools curriculum


Posted by






Marines from the Royal Navy destroying a Kwakwaka'wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.

Marines from the Royal Navy destroying a Kwakwaka’wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.



 



‘You can’t have reconciliation unless you understand what the truth behind it is,’ said Peter Fassbender




 


By All Points West, CBC News, June 19, 2015



It’s meant to be a step towards reconciliation: B.C.’s new education curriculum will include more instruction on aboriginal culture and history.



The province says this is a response to a “call for action” coming out of the Truth and Reconciliation Commission.



“The Truth and Reconciliation Commission really showed us the urgent need we have to move forward in a very positive way,” said Education Minister Peter Fassbender. 



John Rustad, Minister of Aboriginal Relations and Reconciliation, says the changes will better reflect the full history of aboriginal peoples.



“There’ll be everything from having an opportunity to learn a little bit about indigenous plants and animals,” said Rustad.



“There might be also opportunities around concepts of environmental stewardship … to go along with history of residential schools and other components of our interactions over the years.”

Rustad says the hope is that the curriculum will role out this fall but it could be another year until it’s adopted by every school in the province. The new curriculum will start in grade 5 and be implemented across various classes.



Fassbender says a single course would not have be sufficient and that this curriculum revamp will give teachers a great deal of latitude to insert the material into their teachings throughout the years.



The new curriculum also does not shy away from Canada’s dark and racist history, he says.

“We will be sharing the truth of what happened,” Fassbender said in regard to residential schools.

“You can’t have reconciliation unless you understand what the truth behind it is.”



For aboriginal students, he says, this will give them an opportunity to be able to better understand some of the challenges they see in their communities.




“You don’t know where you’re going unless you know where you came from. To have all of our young people understand some of the tragedies that took place will begin to help enhance the healing process.”





http://www.cbc.ca/news/canada/british-columbia/aboriginal-history-culture-coming-to-b-c-schools-curriculum-1.3121335




Aboriginal history, culture coming to B.C. schools curriculum

Posted by


Marines from the Royal Navy destroying a Kwakwaka'wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.
Marines from the Royal Navy destroying a Kwakwaka’wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.
 
‘You can’t have reconciliation unless you understand what the truth behind it is,’ said Peter Fassbender

 
By All Points West, CBC News, June 19, 2015

It’s meant to be a step towards reconciliation: B.C.’s new education curriculum will include more instruction on aboriginal culture and history.

The province says this is a response to a “call for action” coming out of the Truth and Reconciliation Commission.

“The Truth and Reconciliation Commission really showed us the urgent need we have to move forward in a very positive way,” said Education Minister Peter Fassbender. 

John Rustad, Minister of Aboriginal Relations and Reconciliation, says the changes will better reflect the full history of aboriginal peoples.

“There’ll be everything from having an opportunity to learn a little bit about indigenous plants and animals,” said Rustad.

“There might be also opportunities around concepts of environmental stewardship … to go along with history of residential schools and other components of our interactions over the years.”
Rustad says the hope is that the curriculum will role out this fall but it could be another year until it’s adopted by every school in the province. The new curriculum will start in grade 5 and be implemented across various classes.

Fassbender says a single course would not have be sufficient and that this curriculum revamp will give teachers a great deal of latitude to insert the material into their teachings throughout the years.

The new curriculum also does not shy away from Canada’s dark and racist history, he says.
“We will be sharing the truth of what happened,” Fassbender said in regard to residential schools.
“You can’t have reconciliation unless you understand what the truth behind it is.”

For aboriginal students, he says, this will give them an opportunity to be able to better understand some of the challenges they see in their communities.

“You don’t know where you’re going unless you know where you came from. To have all of our young people understand some of the tragedies that took place will begin to help enhance the healing process.”


http://www.cbc.ca/news/canada/british-columbia/aboriginal-history-culture-coming-to-b-c-schools-curriculum-1.3121335

Aboriginal history, culture coming to B.C. schools curriculum

Posted by


Marines from the Royal Navy destroying a Kwakwaka'wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.
Marines from the Royal Navy destroying a Kwakwaka’wakw village in 1850, from The 500 Years of Resistance Comic Book, by Gord Hill.
 
‘You can’t have reconciliation unless you understand what the truth behind it is,’ said Peter Fassbender

 
By All Points West, CBC News, June 19, 2015

It’s meant to be a step towards reconciliation: B.C.’s new education curriculum will include more instruction on aboriginal culture and history.

The province says this is a response to a “call for action” coming out of the Truth and Reconciliation Commission.

“The Truth and Reconciliation Commission really showed us the urgent need we have to move forward in a very positive way,” said Education Minister Peter Fassbender. 

John Rustad, Minister of Aboriginal Relations and Reconciliation, says the changes will better reflect the full history of aboriginal peoples.

“There’ll be everything from having an opportunity to learn a little bit about indigenous plants and animals,” said Rustad.

“There might be also opportunities around concepts of environmental stewardship … to go along with history of residential schools and other components of our interactions over the years.”
Rustad says the hope is that the curriculum will role out this fall but it could be another year until it’s adopted by every school in the province. The new curriculum will start in grade 5 and be implemented across various classes.

Fassbender says a single course would not have be sufficient and that this curriculum revamp will give teachers a great deal of latitude to insert the material into their teachings throughout the years.

The new curriculum also does not shy away from Canada’s dark and racist history, he says.
“We will be sharing the truth of what happened,” Fassbender said in regard to residential schools.
“You can’t have reconciliation unless you understand what the truth behind it is.”

For aboriginal students, he says, this will give them an opportunity to be able to better understand some of the challenges they see in their communities.

“You don’t know where you’re going unless you know where you came from. To have all of our young people understand some of the tragedies that took place will begin to help enhance the healing process.”


http://www.cbc.ca/news/canada/british-columbia/aboriginal-history-culture-coming-to-b-c-schools-curriculum-1.3121335

CLICK OLDER POSTS (above) to see more news

CLICK OLDER POSTS  (above) to see more news

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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.

OUR HISTORY

OUR HISTORY
BOOK 5: Lost Children of the Indian Adoption Projects