Freedom to be Both Native American AND Christian

A woman was advocating for rights of tribal members and freedom from tribal government tyranny, while at the same time telling me that my husband and I were wrong to share our Christianity because the only way tribal members can be free from alcohol is through traditional religion.

So... while on the one hand she decried being dictated to and controlled by tribal government, she was attempting to dictate to and control other tribal members when it came to spirituality.

This is a very important point about freedom for tribal members. Some tribal governments do try to dictate that tribal members follow traditional religion, not any other.

When my husband, Roland, was testifying in Seattle against tribal jurisdiction, a representative of the National Indian Child Welfare Association (NICWA) told us that reservations have a right to keep Christians off their property - and Christians have no right to speak to tribal members about their religion.

We asked "What if an elder has lived there all his life and becomes a Christian - and wants to talk to his grandchildren about it?" The NICWA representative answered that the grandfather had no right to speak to his grandchildren about it and would have to move.

This is not an unusual point of view within some tribal circles, nor was it unusual in many historical dictatorships where one religion was chosen for the entire country and all had to abide by it. This was why many settlers came to America and why the very first phrase of our constitutional amendments addresses freedom of religion.

Then comes the Indian Child Welfare Act, which is used by some tribal governments to dictate the religion Indian children must be raised in. Some times exposure to powwows and traditional Indian religion is mandated by courts and tribal governments as a condition of foster care or adoption. Other times, children are simply removed from Christian homes. This can happen even if the parents and grandparents placed the children in that home and want the children to be raised Christian.

Because ICWA is a federal law, the U.S. Congress is just as much to blame for this robbing of individual freedom and 1st amendment rights as tribal governments.

My husband and I knew who we wanted to be guardians of our kids if we were to die. We chose a man from our church. His race didn't matter to us - his spirituality and heart were all that mattered. This was - and is - our constitutional and God-given right as parents to choose. Neither Congress nor any tribal government should be allowed to steal that from us.

NO ONE else in America is put underneath a law that dictates how you are supposed to spiritually raise your kids. The 1st amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"... but the ICWA Congress enacted comes dangerously close to doing just that.

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Save Veronica! is a Blessing to Many Children -

Praise God for all that has been happening over the last month. While we grieve for 2-yr-old Veronica who was taken three weeks ago from the only home she has ever known, she has been blessed with national attention - unlike many other children whom this has happened to. This has brought the issue of ICWA to the forefront.

For those who are concerned about this being a case involving a birth father – let us clarify;

The adoption wasn't finalized because the tribe had intervened, but M&M were 'parenting' Veronica from the moment she was born. They were at the birth. The bio-dad was not. Matt cut the umbilical cord - the bio-dad did not. Melanie stayed in a room at the hospital where she could parent/mother Veronica right away. The bio-dad did not. The bio-dad made no effort during the pregnancy or after birth to contact or support the mother, and made no real effort or request to see the little girl at any point in her life. She had never met him up until the evening she was handed over to him in the attorney’s office. The judge had allowed only ½ hour for Veronica to meet this man before he was free to take her. But it took two hours for the transfer to complete because she kept crying for M&M every time they tried to leave the room.

Matt and Melanie are the only parents she has ever known.

Had South Carolina law been applied to this case, the bio-dad would not have had any standing. By state law, he has essentially abandoned her and would not have had any parental rights. This is a law meant to protect adoptive parents and children from being bounced around like ping pong balls. He had also signed a paper sometime after her birth giving up any claim to her. But after Veronica had been with M&M for four months, he changed his mind and because he has a small percentage of Cherokee heritage, he was able to get the tribal attorney involved.

Matt & Melanie are emotionally devastated.

We are praying for Veronica. The State Supreme Court has accepted their appeal. It might take months though for them to hear the case. Knowing how hard it will be for a 2-yr-old to #1) remain away from the only parents she has ever known for months – and #2) how difficult it will be for her to make the transition back if she has been gone for months and then they win the case – we are praying for God’s mercy on Veronica and her parents. As crazy as this sounds, I am praying for a miracle – that Veronica be allowed to go home today, if not tomorrow.

Lord, in the name of Jesus, please return this baby girl to Melanie’s arms.

- We also have a family going to court this Friday, January 27th, who really needs prayer for their little boy.

Please pray for both these families.

But Jesus called the children to him and said, "Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these. Luke 18:16

Save Veronica Rose!

(Psychologist who witnessed Veronica's transfer comments on the detrimental effects - Click Baby Veronica to hear the audio of the interview.)


We are writing to make you aware of an injustice that has occurred to a two-year-old South Carolina child named Veronica Rose and her adoptive parents. Two years ago Veronica’s Latina birth mother chose Matt and Melanie to love, nurture and raise her child. To this day, Veronica’s birth mother remains committed to her decision and Veronica has been a thriving, happy child residing in a stable, nurturing environment. On or around Jan. 4, 2010, the birth father signed papers agreeing to give up his daughter.

However, because Veronica has some Cherokee heritage from her birth father’s side of the family, the Cherokee Nation intervened in the adoption proceedings and argued that this happy, healthy two-year-old be transferred to her birth father. Because of a federal law known as the Indian Child Welfare Act, a family court judge ruled that she be immediately transferred to her biological father.

The ruling placed the rights of the birth father and tribe above the best interests of this small child. Child-bonding experts agree that removing her from her home and family would be devastating and have long-lasting consequences. Numerous child psychologists stated this would be detrimental to any child. Yet on Dec. 31, Veronica was handed over to her biological father as if a possession without rights.

We believe that children need protection and should not be removed from loving, nurturing environments. We understand the premise of this law is to protect children; however, in Veronica’s case it has been used inappropriately.

Former U.S. senator Jim Abourezk (SD) authored ICWA. According to the Charleston Post and Courier, after reviewing Veronica's story, Abourezk called the interpretation in this case "something totally different than what we intended at the time."

"That's a tragedy," he said. "They obviously were attached to the child and, I would assume, the child was attached to them."

According to the 2000 census, approximately 75% of people claiming to have American Indian or Alaska Native ancestry live outside the reservation. Further, interracial marriages are a fact of life. It is must be recognized that most children of heritage live off the reservation and have extended family that are non-tribal. Though supporters of the Indian Child Welfare Act say it has safeguards to prevent misuse, Veronica and numerous other multi-racial children across the U.S have been hurt by it. Children who have never been near a reservation nor involved in tribal customs are affected. The Cherokee Nation alone is currently tied up in about 1,100 active Indian Child Welfare cases involving some 1,500 children.

Tragically, under the Indian Child Welfare Act:

1) Some children have been removed from safe, loving homes and placed in danger
2) Equal opportunities for adoption, safety and stability are not always available to children of all heritages
3) The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in some cases been infringed upon.

We want more than anything for Veronica to be allowed to come home. As our elected representatives, we urge you to protect Veronica’s rights in all possible ways as well as make legislative changes that will prevent this from happening to any other child again. While we understand you are unable to interfere in court proceedings, we ask you to speak out on this issue and let your constituents know clearly where you stand. We also ask you to sponsor legislation and encourage fellow Congressmen to support the amending of the Indian Child Welfare Act to:

1. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
2. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
3. Recognize the "Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
4. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.
• When summoned to a tribal court, parents and legal guardians will be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
• Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

5. Include well defined protections for Adoptive Parents.
6. Mandate that a "Qualified expert witness" be someone who has professional knowledge of the child and family and is able to advocate for the well being of the child, first and foremost.
7. Mandate that only parents and/or legal custodians have the right to enroll a child into an Indian Tribe. Because it is claimed that tribal membership is a political rather than racial designation, we are asking that parents, as U.S. citizens, be given the sole, constitutional right to choose political affiliation for their families and not have it forced upon them.
• Remove the words “or are eligible for membership in” 1901 (3)
• Remove the words "eligible for membership in" from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words "an enrolled member of”

Save Veronica Supporters Worldwide
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Protect families of tribal heritage - Our Brothers and Sisters in our Republic - Sign Petition

Friends!

Children are being exploited - used for additional power and money, many times against the wishes of parents who are helpless under U.S. law to prevent it.

Christian birth parents, foster parents, and adoptive parents are all affected by this law. Christian parents, who have wanted to give their children up for adoption rather than abort them, have been told they can not choose Christian homes for their children.

We have 30 days to get 25,000 signatures in order for our petition to be reviewed by the White House.

November is National Adoption Month - Let's do this Petition as our part in helping children this month. We need 6250 signatures a week to meet that goal. Let's pray for God's help and get started.

On Nov 19, Nat'l Adoption Day, families, adoption advocates, policymakers, judges and volunteers will come together and celebrate adoption in communities across the nation. We are setting a goal of 10,000 signatures by that date.

Please Sign the Petition and Use every method you have to share this link - http://wh.gov/bvZ - If everyone could get just 10 people to sign the petition and share it with at least 3 of their friends, we'll have it made!

Thank you friends!

TEXT OF PETITION:

We petition the Obama Administration to:

Ensure that Children of tribal heritage are guaranteed protection equal to that of any other child in the United States

Across America, children who had never been near a reservation nor involved in tribal customs have been taken from homes they know and love and placed with strangers chosen by tribal social services. This includes MULTI-racial children with minimal heritage.

Because of poorly thought out law called the 'Indian Child Welfare Act';

1) Kids have been removed from safe, loving homes and placed in dangerous ones.
2) Some families, Indian and non-Indian, have felt threatened by tribal gov't and have had no money to get legal help.
3) Equal opportunities for adoption, safety and stability are not always allowed to children of all heritages.
4) Constitutional right of parents to make choices for their families is being interfered with. Some tribal families don't want to be on the reservation. 

SIGN AT http://wh.gov/bvZ  

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All Children Deserve to Feel Safe -

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"Suffer the Children to Come unto Me"

Please help CAICW Advocate, Educate, Assist, and Defend

http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund

Deborah Maddox, acting Director of the BIA Office of Tribal Services in 1993, once said Congress intended the Indian Child Welfare Act (ICWA)

“to protect Indian children from removal from their tribes and to assure that
tribes are given the opportunity to raise Indian children in a manner which
reflects the unique values of Indian culture."

Advocates of ICWA point to the devastation suffered by children of tribal heritage when, years ago, they were forcefully removed from homes they loved and forced to stay at boarding schools. The trauma those children and families experienced was, indeed, devastating.

However, in the implementation of the ICWA, the exact same thing has been happening to children in reverse. What has to be acknowledged is that we live in a migratory, multi-cultural society. This means that many children who fall under the jurisdiction of the Indian Child Welfare Act have more than one heritage, and many times are predominantly of another heritage, and/or have family who not only haven’t any connection to the Indian Reservation, but have specifically chosen not to participate in the reservation system.

Though some argue that ICWA has safeguards to prevent misuse, scores of multi-racial children have been negatively affected by its application. Letters from birth parents, grandparents, foster families, and pre-adoptive families concerning their children hurt by misapplication of ICWA can be read at ~ http://www.caicw.org/familystories.html

There is no inborn difference between persons of tribal heritage and other persons. Any emotionally healthy child, no matter their heritage, will be devastated when they are taken from their familiar homes and forced to live with strangers.

Even children of 100% tribal heritage can be devastated if taken from the only home they know and love, no matter the heritage, and placed into a home they know nothing about.

In the words of Dr. William Allen, former Chair, US Comm. On Civil Rights (1989) and Emeritus Professor, Political Science MSU;

“... We are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…" (Re: The Indian Child Welfare Act, September 20, 2008, Wahkon, MN)

Consequent to this Congressional error in understanding the practical aspects of the ICWA, dozens of adoptions are held up every year. Some of these adoptive homes have had the children since infancy and are the only homes the children know. However, even simple adoptions can be expensive and many families aren’t prepared for this additional impediment. Time and again families have contacted the Christian Alliance for Indian Child Welfare (CAICW) to ask for help because they don’t have the funds needed to hire attorney’s to defend their children. Some families, after mortgaging their homes and having nothing else to use, have been forced to give up the fight for their children.

- Children have been removed from safe, loving homes and been placed into dangerous situations by Social Services.
- Some Indian and non-Indian families have felt threatened by tribal government.
- Some have had to take out additional mortgage on their homes and endure lengthy legal processes in attempt to protect their children.
- Equal opportunities for adoption, safety and stability are not available to children of all heritages.
- The Constitutional right of parents to make life choices for their children, for children of Indian heritage to associate freely, and for children of Indian heritage to enjoy Equal Protection has in many cases been denied.

Saturday, November 20, 2010 is National Adoption Day. Support Families nationally in defending their children from unreasonable impediment to their adoptions by helping raise $50,000 for ten $5000 Attorney retainer fees for ten Adoptive Families. These would be families that are in the midst of adopting children they have had physical custody of over a long term or from infancy, or stable ‘relative families’ attempting to retain or regain custody within the extended family – whether or not said family is enrollable with a tribe.

The “Fund Attorney Retainers for 10 Families” Drive begins on National Adoption Day, November 20, 2010 and ends on December 31, 2010. The Fund website can be found through FirstGiving.com at http://www.firstgiving.com/caicw/Event/AdoptionRetainerFund

The Christian Alliance for Indian Child Welfare (CAICW) has been advocating for families affected by the Indian Child Welfare Act since 2004 and is the only National org advocating for these families. Our advocacy is both Judicial and Legislative, as well as a prayer resource and shoulder to cry on.

Funds raised from this event will be used to assist up to 10 families in obtaining the legal assistance they need in order to complete their adoptions.

Additional informational links:


Legal and Constitutional concerns re: ICWA http://www.caicw.org/icw.html


Letters from Affected Families: http://www.caicw.org/familystories.html


ICWA Case Law: http://www.caicw.org/caselaw.html

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