NAFPS Archives => Archive No. 1 => Topic started by: educatedindian on December 02, 2004, 08:44:18 pm

Title: Nuagers Adopting NDN Children
Post by: educatedindian on December 02, 2004, 08:44:18 pm
Ted Burton" <>  
Date: Sun, 19 Sep 2004 15:09:28 -0700
Subject: Re: [newagefraudsplastichshamans] new agers adopting ndn children/repurcussions

At 2:51 PM -0500 on 9/19/04, dafydd7916 spoke about Re: [newagefraudsplastichshamans] new agers adopting ndn ch thusly:

>He has? Wonder how he got past the Indian Child Welfare Act, which >limits the adoption of Indian children out side of a tribe without
>the tribe's permission. Or, is this another empty claim?

It is a law, which like other laws does not enforce itself. It takes human action to enforce it. Some authorities have the attitude that they would ask, "Is there a plaintiff?" That is, is there anyone who can sue to enforce the law. Other authorities would take the attitude that the law is the law and live by it.

When I was a city attorney I made sure our local Magistrate was familiar with that law and she took action in each case to inquire of the people in court if it was applicable, thus putting counsel on the
hook to 'fess up or possibly someday really get nailed by the system.
She did encounter a few, "Well, yeah, maybe"'s .... When I was working for a tribal government I saw some of those inquiries come through from the state systems.

In Idaho I have seen it at work, but of course do  not know in any way, shape or form how it works in counties where I am not.
Title: Re: Nuagers Adopting NDN Children
Post by: educatedindian on December 02, 2004, 08:46:19 pm
littlefeatherspirit66" <>  Add to Address Book
Date: Sun, 19 Sep 2004 20:39:11 -0000
Subject: [newagefraudsplastichshamans] Re: new agers adopting ndn children

--- In, "dafydd7916"
<dafydd7916@s...> wrote:
> Sorry folks, my computer is down and I'm trying in between to
catch up on the e-mail. You've covered ICWA already.  
> Dave

yeah, between "adoption and safe families act" and the interstate compact act. Arkansas is pretty lax on adoption laws and do what they want. The lawyers I have talked to about ICWA, understand the law to only pertain to those on a reservation or those states who have a reservation. Which arkansas does not have a reservation.
Title: Re: Nuagers Adopting NDN Children
Post by: educatedindian on December 02, 2004, 08:55:51 pm
debbieredbear2000" <>  
Date: Sun, 19 Sep 2004 18:34:49 -0000
Subject: [newagefraudsplastichshamans] Re: new agers adopting ndn children

In this state, it varies whether or not they pay attention to ICWA. The county I live in is notorious for non-compliance. When my stepdaughter hit foster care, they could have cared less that she was an enrolled member of her tribe. And then when they DID place her in a home with one Indian foster parent, it was a total nightmare. That
woman did not want to be Indian and would not have anything to do with other Indians. And she and her white husband were drunks. My 12
year old stepdaughter ended up being in charge of the other foster kids and when it went wrong, she got all the blame. Geez, don't get me started on ICWA!

--- In, "littlefeatherspirit66"
<littlefeatherspirit66@h...> wrote:
> --- In, "mibby529"
> <mibby529@z...> wrote:
> > --- In,
> > "littlefeatherspirit66" <littlefeatherspirit66@h...> wrote:
> > > has anyone thought of this one? I sure didn't, Mr. Chief Kodiak > has > > > adopted ndn children. Now can you imagine how screwed-up those > kids > > > will be!
> >
> > That's why we have ICWA.
> yeah right! who pays attention to icwa? arkansas sure doesn't. We > have Sandy White Hawk coming in October for the ualr symposium,  at
> the same we are having her speak to casa, and some of the students > at the school on this very issue. DHS aren't interested. Even casa > states dhs isn't asking if the familis they are investigating are  > ndn. Don't ask, you don't know and can ignore the law. The family > safe act has put a damper on the icwa law even thought icwa should
> overrides family safe act. Plus tribes such as cherokee nation > oklahoma is approving  ndn children to be adopted by white folks.
> All we can do in arkansas is try and educate people about the law > and hope they follow it. We also found out that the states > are "saying" they are not keeping track of how many ndn children are > being adopted out.
> k. wesho-bauer