the history and spirit of icwa (3) (1) - national council of ... history and spirit...why trust is...

The History and Spirit of ICWAThe History and Spirit of ICWA

Honorable William ThorneHonorable William Thorne

Utah Court of Appeals & NCJFCJ Board of TrusteeUtah Court of Appeals & NCJFCJ Board of Trustee

Honorable Raquel MontoyaHonorable Raquel Montoya--LewisLewis

Upper Skagit Indian Tribal CourtUpper Skagit Indian Tribal Court

Introduction Introduction -- BackgroundBackground

•• 560+ Indian Tribes560+ Indian Tribes

–– Differences among tribesDifferences among tribes

–– Differences within tribesDifferences within tribes

•• 300+ Tribal Courts300+ Tribal Courts

–– Sophisticated (Navajo)Sophisticated (Navajo)

–– DevelopingDeveloping

–– RudimentaryRudimentary

Everyone wants what is best Everyone wants what is best

for the child !for the child !

Why are IndianWhy are Indian children and children and

families treated differently?families treated differently?

The historical context The historical context ……

for child welfare efforts and for child welfare efforts and

IndiansIndians

Why trust is not automatic Why trust is not automatic

when confronted with:when confronted with:

““I am from the government I am from the government ––

I am here to help.I am here to help.””

oror

““Trust us, we know what is Trust us, we know what is

best for your childrenbest for your children””

Indian Child Welfare EffortsIndian Child Welfare Efforts

130 years ago130 years ago

BIA Boarding SchoolsBIA Boarding Schools

BIA started as part of the War DepartmentBIA started as part of the War Department

Barbed Wire

The soldier and barbed wire were there to keep the kids in

C

H

I

L

D

R

E

N

RIFLE

Education as a part of the Education as a part of the ““civilizingcivilizing””

functionfunction

Education was supposed to be the Solution Education was supposed to be the Solution

to the to the ““Indian ProblemIndian Problem””

Guard

1878 the Hampton Institute, a school for 1878 the Hampton Institute, a school for

freed slaves in Virginia, accepted Indian freed slaves in Virginia, accepted Indian

prisoners in an assimilation experiment.prisoners in an assimilation experiment.

In 1879 the Carlisle Indian School, the In 1879 the Carlisle Indian School, the

first boarding school patterned after the first boarding school patterned after the

military model, opened.military model, opened.

The intent of boarding schools was to The intent of boarding schools was to

acculturate Native Americans into acculturate Native Americans into

mainstream societymainstream society

Before

After

By 1890 attendance was enforced through By 1890 attendance was enforced through

threats of cessation of rations and supplies.threats of cessation of rations and supplies.

Early Early ““approvedapproved”” curricula prohibited curricula prohibited

teaching of reading & writing.teaching of reading & writing.

Many died of disease and broken Many died of disease and broken

hearts.hearts.

Succeeded in breaking intergenerational Succeeded in breaking intergenerational

teaching in Indian communities. Language, teaching in Indian communities. Language,

religious practices, cultural knowledge were religious practices, cultural knowledge were

targeted.targeted.

Generations learned to parent from Generations learned to parent from

BIA dormsBIA dorms

WhatWhat’’s the hallmark of a good employee s the hallmark of a good employee

when they have a family crisis? when they have a family crisis?

----They stay home and fix it.They stay home and fix it.

What does that do for these kids?What does that do for these kids?

----They never grow up seeing an adult They never grow up seeing an adult

struggle with a problem and overcome it. struggle with a problem and overcome it.

View from another continentView from another continent

Same impactSame impact……

““Rabbit Proof FenceRabbit Proof Fence””

––Movie about the Australian Movie about the Australian

Aborigine experience with Aborigine experience with

educationeducation


1958 Indian Adoption Project1958 Indian Adoption Project

Joint project of the BIA Joint project of the BIA

&&

the Child Welfare League of the Child Welfare League of

America [CWLA]America [CWLA]

1958 Indian Adoption Project1958 Indian Adoption Project

GOAL: GOAL: to provide adoptive placement for to provide adoptive placement for American Indian children whose parents were American Indian children whose parents were deemed unable to provide a deemed unable to provide a ‘‘suitablesuitable’’ homehome

•• States were paid by the BIA to remove Indian States were paid by the BIA to remove Indian children from their homes alleging children from their homes alleging ““neglectneglect””

•• Transracial placements were encouraged and Transracial placements were encouraged and most were separated from their communitiesmost were separated from their communities

•• 2525--35% of all Indian children were removed 35% of all Indian children were removed from their homesfrom their homes

Federal policies of the 1900s Federal policies of the 1900s

impacting child welfareimpacting child welfare

Federal and private agency policies and practicesFederal and private agency policies and practices

----Public Law 83Public Law 83--280 280 in 1953in 1953

----””Relocation ProgramRelocation Program”” 1950s1950s

----1960s: Tribes began challenging the placement 1960s: Tribes began challenging the placement

rate of their children into nonrate of their children into non--Indian homesIndian homes


30 years ago30 years ago

American Indian Policy Review American Indian Policy Review

Commission of the United States Commission of the United States

CongressCongress

May 17, 1977May 17, 1977

Comparative Rates for Indian Comparative Rates for Indian

ChildrenChildren

100

420

270

0

50

100

150

200

250

300

350

400

450

Arizona

St 100%

Adoption

Foster Care

A

D

O

P

T

I

O

N

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100

840

270

0

100

200

300

400

500

600

700

800

900

California

St 100%

Adoption

Foster CareA

D

O

P

T

I

O

N

FOSTER

CARE


ChildrenChildren

100

370

710

0

100

200

300

400

500

600

700

800

Michigan

St 100%

Adoption

Foster Care

A

D

O

P

T

I

O

N

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100

390

1650

0

200

400

600

800

1000

1200

1400

1600

1800

Minnesota

St 100%

Adoption

Foster Care

ADOPTION

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100

480

1280

0

200

400

600

800

1000

1200

1400

Montana

St 100%

Adoption

Foster Care

A

D

O

P

T

I

O

N

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100280

2010

0

500

1000

1500

2000

2500

North Dakota

St 100%

Adoption

Foster Care

ADOPTION

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100

340

1500

0

200

400

600

800

1000

1200

1400

1600

Utah

St 100%

Adoption

Foster Care

ADOPTION

F

O

S

T

E

R

C

A

R

E


ChildrenChildren

100

1900

960

0

200

400

600

800

1000

1200

1400

1600

1800

2000

Washington

St 100%

Adoption

FosterCare

A

D

O

P

T

I

O

NFOSTER

CARE

INDIAN CHILD INDIAN CHILD

WELFARE ACT WELFARE ACT

P.L. 95P.L. 95--608 (11/8/78)608 (11/8/78)

Indian Child Welfare ActIndian Child Welfare Act

(Public Law 95(Public Law 95--608)608)

•• Congressional Findings:Congressional Findings:

•• (3) that there is no resource that is more vital (3) that there is no resource that is more vital to the continued existence and integrity of to the continued existence and integrity of Indian tribes than their children and that the Indian tribes than their children and that the United States has a direct interest, as trustee, in United States has a direct interest, as trustee, in protecting Indian childrenprotecting Indian children who are members of who are members of or are eligible for membership in an Indian or are eligible for membership in an Indian tribetribe



•• Congressional findings: Congressional findings:

•• (4) that (4) that an alarmingly high percentage of an alarmingly high percentage of

Indian families are broken upIndian families are broken up by the removal, by the removal,

often unwarranted, of their children from them often unwarranted, of their children from them

by nontribal public and private agencies and by nontribal public and private agencies and

that an that an alarmingly high percentage of such alarmingly high percentage of such

children are placedchildren are placed in nonin non--Indian foster and Indian foster and

adoptive homes and institutions; andadoptive homes and institutions; and



•• Congressional Findings:Congressional Findings:

•• (5) that the (5) that the StatesStates, exercising their recognized , exercising their recognized

jurisdiction over Indian child custody jurisdiction over Indian child custody

proceedings through administrative and proceedings through administrative and

judicial bodies, judicial bodies, have often failed to recognize have often failed to recognize

the essential tribal relations of Indian peoplethe essential tribal relations of Indian people

and the cultural and social standards prevailing and the cultural and social standards prevailing

in Indian communities and families.in Indian communities and families.

What does ICWA do?What does ICWA do?

•• Notice to Tribes: Opportunity to participateNotice to Tribes: Opportunity to participate

•• Active EffortsActive Efforts

•• Increased Burden of ProofIncreased Burden of Proof

•• Placement PreferencesPlacement Preferences

How have we done?How have we done?


20072007

2007 GAO Report [St.=1.0]2007 GAO Report [St.=1.0]

•• Colorado Colorado –– 1.941.94 [.78][.78]

•• North Dakota North Dakota –– 3.093.09 [.69][.69]

•• Utah Utah –– 3.973.97 [.82][.82]

•• Washington Washington –– 4.994.99 [.80][.80]

•• Iowa Iowa –– 5.415.41 [.86][.86]

•• Nebraska Nebraska –– 6.546.54 [.80][.80]

•• Minnesota Minnesota –– 7.317.31 [.63][.63]

•• Oregon Oregon –– 8.688.68 [.75][.75]

OverviewsOverviews

StateNational Ranking

% of NA children in State

population

% of NA children in State foster

careDisproportionality

Index

Minnesota 1 1.4 15.7 11.6

Washington 2 1.5 10.5 6.9

Nebraska 3 1.1 7.6 6.8

Idaho 4 1.2 7.7 6.6

Iowa 5 0.3 1.9 5.4

South Dakota 6 13.4 52.6 3.9

Wisconsin 6 1.1 4.1 3.9

Utah 7 1.0 3.8 3.8

Montana 7 9.4 36.1 3.8

Alaska 8 17.7 55.4 3.1

North Dakota 9 8.5 25 2.9

California 10 0.4 0.7 1.8

Impact ofImpact of removalremoval

----Is it safety or are we judging what will give these Is it safety or are we judging what will give these

kids a better home? kids a better home?

Samuel Roll, Ph.D.Samuel Roll, Ph.D.

•• Identification with the aggressorIdentification with the aggressor

----I have more in common with the bad guys than I have more in common with the bad guys than

with the good guys. with the good guys.

Thematic Apperception TestThematic Apperception Test

Good BadGood Bad

Beautiful UglyBeautiful Ugly

Smart DumbSmart Dumb

Honest DishonestHonest Dishonest

Identification with the AggressorIdentification with the Aggressor•• Baseline:Baseline:

•• Suicide rate of Suicide rate of teenagers in U.S.teenagers in U.S.

•• Inner CityInner City

•• twice as high twice as high

•• ReservationsReservations

•• higherhigher

•• Indian kids in nonIndian kids in non--Indian Indian homeshomes

•• highesthighestTeenage Suicide

1 Baseline2 Inner City3 Reservations4 Non-Indian Home

1

2

3

4

Identification with the AggressorIdentification with the Aggressor

•• Dr. Roll concluded,Dr. Roll concluded,

““If you take people away from their If you take people away from their

families and out of their communities families and out of their communities

where are Indian kids going to have a where are Indian kids going to have a

positive image of what it means to be positive image of what it means to be

Indian today?Indian today?””

Identification with the AggressorIdentification with the Aggressor

•• According to Dr. Roll, suicide rates are According to Dr. Roll, suicide rates are

higher for Indian kids in nonhigher for Indian kids in non--Indian Indian

homes.homes.

*Indian kids are more fragile when we move *Indian kids are more fragile when we move

them from their homes and out of their them from their homes and out of their

communities.communities.

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