Showing posts with label american indian. Show all posts
Showing posts with label american indian. Show all posts

Monday, March 26, 2012

First Native American tribe approved to operate guardianship, foster care and adoption program

For the first time in U.S. child welfare history, a tribe will have control over the process for evaluating child abuse and neglect allegations, determining whether children need to be placed in foster care, and finding permanent homes for children –safely back with their parents, in the homes of caring relatives, or with adoptive families. Thanks to new federal rules, the Port Gamble S’Klallam Tribe (PGST) becomes the first Native American community permitted to operate its own guardianship assistance, foster care and adoption assistance program.

“The approval of this program marks an important milestone in furthering relationships between the federal government and Indian tribes in the operation of child welfare programs,” said George Sheldon, HHS acting assistant secretary for children and families. “I congratulate the Port Gamble S’Klallam Tribe on its achievement and I look forward to seeing additional Tribes operate their own welfare programs in the future.”

The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) allows tribes to receive direct funding from the federal government under Title IV-E of the Social Security Act. Prior to this law, states, not tribes, made decisions regarding foster care and permanent families for all Native American children.

The Title IV-E foster care program helps states and tribes provide:

• Safe and stable out-of-home care for children until they can be returned home safely or until they are placed permanently with relatives or adoptive families.

• Services for children and families to address the underlying causes and consequences of abuse and neglect.

• Support for children who are placed with relatives who become guardians or adoptive families.

Effective April 1, PGST will oversee a broad array of services and supports funded by HHS and typically run by states, including:

• Child Welfare

• Child Support

• Child Care

• Temporary Assistance for Needy Families

PGST will also run a pilot program with the state of Washington to determine eligibility for Medicaid and basic food benefits for tribal members in Kitsap County.

To mark this historic occasion, Acting Assistant Secretary George Sheldon and HHS officials will attend the tribe’s signing ceremony and celebration on March 29 in Port Gamble.

Originally known as the Nux Sklai Yem or Strong People, PGST are descendants of the Salish people. The Salish people are well established in the Puget Sound basin and surrounding areas. In the late 1930’s, the PGST reservation was created on the northern tip of the Kitsap Peninsula in Washington state. Nearly 1,000 tribe members live there today.

For more information on the program, visit http://www.acf.hhs.gov/ebrochure2011/ACYF_CBPage4.htm.

To find out more about the tribe, visit http://www.pgst.nsn.us/.

Source http://transition.acf.hhs.gov/programs/region10/news/first-native-american-tribe-approved-to-operate-guardianship-foster-care

Saturday, February 18, 2012

Advocate Frank LaMere Talks About Battles Shaping Indian Child Welfare

By Stephanie Woodard

The Indian Child Welfare Act (ICWA) has been in the news lately. A National Public Radio (NPR) series exposed horrific child-welfare injustices in South Dakota, while two CNN stories—one on the return of an infant boy to the Leech Lake Band of Ojibwe and another on the return of a baby girl to her Cherokee father—criticized the law, and then-CNN anchor Campbell Brown added some scathing commentary. We went to Frank LaMere, member of the Winnebago Tribe of Nebraska and executive director of the Four Directions Community Center, in Sioux City, Iowa, for a reading on how perceptions of ICWA are changing and what still needs to happen to ensure state social-services departments and courts nationwide understand and fulfill its requirements. LaMere is a longtime advocate for Indian child welfare who works on a daily basis with Native families.

Has recent coverage of ICWA adversely affected the attitude toward Indian child welfare?

LaMere: The exposure brought attention to the plight of our children, and I am glad of that. As a result of the NPR coverage, members of Congress were inspired to ask for an investigation of South Dakota. I wrote to the legislators involved and told them, “Don’t stop there.” South Dakota has problems, but so does the rest of the country. They should investigate every jurisdiction in every state. Here in Iowa, the social services department of Woodbury County [surrounding Sioux City] has made progress, but it’s just one of our 99 counties. Many in Iowa would still do an end run around ICWA.

What did you think of CNN’s take on ICWA?

CNN and Campbell Brown need a reality check! Brown, as a mother, said she could not imagine the hurt a white family felt when their Indian child was returned to his people. Why could she not also imagine the hurt thousands of Native families feel right now, knowing their children will cry themselves to sleep tonight because someone did an end run of ICWA and stole their children under the “color of law”? Over the generations, hundreds of thousands of Indian families have endured this pain. That’s the grim reality. We must engage and educate ICWA detractors, and we must remind them that the Indian Child Welfare Act is the law of the land—whether they like it or not. And we must applaud the tribes and parents in these recent cases for persevering and those in the courts for reuniting them with the children.

Why do even states that seem to comply with ICWA—or at least seem to try—still have relatively high numbers of Native children in foster care?

We in Iowa are trying to better understand those numbers. Native families were not identified as such in the past, and perhaps now that we’ve drawn attention to them and are identifying them as such, the numbers are rising for that reason. Additional data I want is tracking of individual social workers’ records of pulling our families apart—or keeping them together. Once we have these numbers, we need to ask what their agencies are going to do about it. This needs to happen everywhere, and it needs to happen now.

How does a Native parent fare in child-custody matters when facing a non-Native parent?

Generally, not well. Right now, I’m dealing with the worst case I’ve ever seen and the best example of how the system can fail our families. Two severely disabled Native children were taken from their white father, a founded—that is, proven­—child-abuser. After a crisis, during which one child ended up in the hospital, the court gave the youngsters temporarily to their Native mother. Now the state of Iowa has decided to reunite the children with the father, and the mother fears for her children’s lives. This is about old attitudes that make it tough for our Native families to get justice and to convince courts that ICWA, a federal statute, must be heeded.

Can you give some examples of what Native parents face?

I sit in on many meetings to determine the fate of Native families—along with the judges, lawyers, social workers and others involved—and I observe that they do not apply objective standards. If one standard were applied to all, Native children would go home more often than not. Time after time in these meetings, the Native parent has solved the issue—typically alcohol or drugs—that caused the children to be taken away. The parent proudly announces, “I’ve been sober for 22 months,” or what have you. We all congratulate them on their new wellness, then when that conversation dies down, a social worker inevitably says, “Well, yes, but… ” and raises a new issue. He or she may bring up a long-resolved problem from 20 years before, or something new. At a recent meeting, a social worker announced she’d found dirty dishes in the sink during her last visit to the mother’s home, so the mother shouldn’t get her kids back. I became unglued. I stressed that the mother didn’t lose her children over dirty dishes, and they couldn’t be kept from her for this reason. I deal with this kind of thing every week.

Do states have a financial incentive to ignore ICWA?

It’s a conspiracy of silence. Everyone knows our children feed the child-welfare system. They have for a long time and will continue to do so, because the funding is set up that way [with more children generating greater funding]. But those who work for the system won’t speak up. Beyond that, many social workers and courts nationwide feel they know better than we do about what’s good for our children. It remains for Native people to speak up. We must keep blowing the whistle on the child-welfare system, to local, state and national lawmakers. Only then will we have a chance to keep our families intact.

Is this what Four Directions does?

We at Four Directions Community Center routinely make people in the child-welfare system uncomfortable. Nothing changes until someone feels uncomfortable. That includes us. It is hard to confront those who control the systems that control our lives, but we must. Our children and their futures are in jeopardy. We have a long way to go, but we will prevail.

Click here to read our Q&A with Diane Garreau, ICWA director for South Dakota’s Cheyenne River Sioux Tribe.

Funding for this story was provided by the George Polk Program for Investigative Reporting.

Source http://indiancountrytodaymedianetwork.com/2012/02/14/advocate-frank-lamere-talks-about-battles-shaping-indican-child-welfare-95537

Wednesday, January 18, 2012

Gov.: No useful data in NPR report on Indian children

By: Tom Lawrence

Gov. Dennis Daugaard said he didn’t gain any useful information from a controversial 2011 public radio series on American Indian foster children in South Dakota.

“I can’t identify any legitimate criticisms that identified an area where we could take action,” Daugaard said. “It raised my level of knowledge, but I think that’s a poor way to cause me to raise my level of knowledge, through a sensational story that was unfounded.”

Laura Sullivan, a National Public Radio investigative correspondent, produced a three-part series titled “Native Foster Care: Lost Children, Shattered Families” that was heard on NPR’s “Morning Edition” and “All Things Considered” in October.

The series said South Dakota was one of 32 states that did not comply with the federal Indian Child Welfare Act and other laws. It said state social workers had entered Indian reservations with which the state has no agreement and removed tribal children from their homes.

Daugaard, who has said little publicly about the issue since the reports aired, said Monday the series was based on “unfounded” information.

“I think it’s very unfortunate that NPR decided that they were going to create a very sensationalistic story,” he said. “And it’s also unfortunate because it’s such a complex area.”

Daugaard made his comments during a discussion with The Daily Republic’s editorial board Monday morning at the newspaper’s office in Mitchell, following a public appearance the governor made earlier Monday morning in the city.

Sullivan had her mind made up when she arrived in South Dakota, the governor said, and didn’t want to hear anything that differed from what she believed. He said numerous state employees who spoke with her felt that way.

“It’s really a lot of misinformation and poorly researched information,” Daugaard said. “I think we did our best to refute much of it.”

According to a discussion of the series on NPR’s “Talk of the Nation,” the series raised valid points.

“An average of 700 Native American children in South Dakota are removed from their homes and placed in foster care each year, often in violation of federal law, an NPR investigation found,” the “Talk of the Nation” report states. “Native American children make up less than 15 percent of the state’s child population, but represent more than half of the kids in foster care.”

“Some Native Americans believe the problem is that Native children who are placed in foster care with non-Native families, as most are in South Dakota, lose connection to their culture, traditions and tribes,” the NPR report stated.

The series also spotlighted Daugaard’s role as CEO of the Children’s Home Society, which deals with many foster children and received several contracts with the state that totaled more than $50 million. He was the state’s part-time lieutenant governor for eight years while also leading CHS.

Daugaard “pre-responded” to the NPR stories before they aired, sending e-mails to South Dakota media outlets that claimed Sullivan, whom he declined to speak with, was biased and unwilling to listen to all sides of the story.

He repeated those assertions Monday.

Daugaard pointed out that the South Dakota Department of Social Services had contracts with the Children’s Home Society since 1978, long before he worked for it.

Daugaard and his director of policy and communications and chief spokesman, Tony Venhuizen, said they have been in contact with NPR’s ombudsman for six weeks and have expressed their unhappiness with the series.

An ombudsman is an intermediary between parties with a differing point of view. Many large media organizations have employed ombudsmen since the 1970s.

Edward Schumacher-Matos is NPR’s ombudsman.

He is a professor at the Columbia School of Journalism and a former reporter, editor and columnist for The New York Times, The Washington Post and The Wall Street Journal.

In his final online post of 2011, Schumacher-Matos said he would look into the story.

“Coming soon is a look back at an investigation of Native American foster care in South Dakota,” Schumacher-Matos wrote on Dec. 23.

He did not respond to an e-mail Monday from The Daily Republic asking for additional comment.

Daugaard said he’s glad NPR has someone who is “portrayed as being independent” taking a look at how Sullivan dealt with the story.

Source http://www.mitchellrepublic.com/event/article/id/61208/

Wednesday, November 30, 2011

Number of American Indian children in foster care worries tribal leaders - Minnesota

by Sasha Aslanian

St. Paul, Minn. — Each year about 1,500 American Indian children in Minnesota spend time in foster care or other out-of-home-care, often after allegations of neglect or substance abuse by a parent.

In Minnesota, American Indian children are 14 times more likely to be placed in out-of-home care than white children - the widest such gap in the nation. Officials place 66 percent of the children with relatives or with American Indian foster families.

Even as the total number of Minnesota children in foster care dropped 44 percent in the last decade, the number of American Indian children placed in foster care dropped by only 16 percent.

That worries tribal officials like Erma Vizenor, chairwoman of the White Earth Band of Ojibwe. She said the tribes should be able to determine which of their families need intervention, and what kind.

"When we do not have the decision making and the authority and the control to determine what is best for them, it has become a major concern," Vizenor said.

Aiming to reduce the break-up of Indian families, the White Earth and the Leech Lake band of Ojibwe have taken over responsibility for child welfare on tribal lands. Now the White Earth, Minnesota's largest tribe, is now preparing to care for its children living hundreds of miles away in Hennepin County.

High poverty among American Indian families makes it more difficult to meet a child's basic needs, but that doesn't completely explain why Indian children are much more likely to be removed from their parents' care.

The tribes have questioned whether racial bias is a factor in such decisions, and they've worked with state officials to develop training for county workers to reduce bias in deciding which cases to investigate. The training also seeks to help outsiders understand the traditional role extended families play in raising Indian children.

Dawn Blanchard, the state's ombudsperson for American Indian Families, said removing American Indian children from their homes is "a daily reality."

Blanchard sorts cases into those she can solve over the phone, and those that require an investigation. She reports wide variation in how well counties follow a federal law designed to keep Indian children with other family members, or to at least place them with an Indian foster family.

Blanchard said the most common complaints she handles are disagreements between county social workers and tribes over where children should go.

"The tribe will say we want them to go to Aunt Betty and the county will say, 'we have problems with Aunt Betty. We think that she's not a good person,' " Blanchard said. "Maybe she's too old. 'We've heard' — that's a big one 'we've heard that she's drinking.' Is it substantiated? Do we know for sure if she has a history of drinking or was it 10 or 15 years ago and she's cleaned up her life now?"

Representatives of Minnesota's 11 tribes were so concerned that the needs of their children were not adequately addressed that late last year they sent letters to then-Gov. Tim Pawlenty and Gov.-elect Mark Dayton requesting immediate action to address the problem.

White Earth tribal officials want to take on responsibility for the tribe's children in Hennepin County, hundreds of miles south of the reservation. White Earth children make up a quarter of Hennepin County's American Indian caseload, or about 2 percent of the county's overall cases.

Margaret Thunder, a program manager for Hennepin County child protection, is enthusiastic about the tribe's effort.

"I think it's a huge deal," said Thunder, a member of the Red Lake band of Ojibwe. "They will have 100-percent say. Not that they don't already have a fair percent."

Tribes do have a seat at the table in child protection cases.

The 1978 federal Indian Child Welfare Act requires tribes be notified and involved in decision-making for their children. Hennepin County, with its large urban Indian population, has a high volume of these cases. The county gets high marks for complying with the act, and that's one of the reasons White Earth officials believe addressing the needs of the tribe's children there is a next logical step.

Transferring such cases to the tribe would give it complete control over American Indian cases such as a recent one heard in juvenile court.

Four children, ages 4, 2, 1 and one month, were placed in emergency foster care following reports that their parents were abusing drugs and neglecting the children. The parents didn't show up for the court hearing. Their father is a member of the White Earth band and their mother is enrolled in the Ho-Chunk Nation in Wisconsin.

"Her current address is technically St. Joseph's hospital where the treatment center was," said Mike Hogan, a courtroom monitor for the Minneapolis American Indian Center. "No one's quite sure where she is, even her attorney."

A Ho-Chunk attorney who joined the hearing by speaker phone said the tribe would prepare a list of relatives who could care for the children. White Earth officials agreed to let the mother's tribe take the lead, but they agreed to compile a list of paternal relatives.

A guardian ad litem said the children were doing well under the care of their foster care families.

Hogan's boss, Sheri Riemers, said the embrace of extended families offers the most hopeful outcome for children in such tough situations.

"We do believe when children are removed that their spirit is left behind," said Riemers, program director of Indian Child Welfare for the Minneapolis American Indian Center.

Other tribes around the state and around the country are watching closely.

Erin Sullivan Sutton, assistant commissioner of the state Department of Human Services, said she is not aware of another state transferring public child welfare from a state or county to a tribal system. But there are good reasons to do so, said Sutton, the state's point person on child welfare.

"We're thinking that if services can be provided in a cultural context to Indian families and by tribal agencies that there may be more success," she said.

For state and tribal officials success won't mean eliminating out-of-home placements. There will always be children who need to be removed from unsafe situations, but they hope more tribal involvement will reduce the disparate treatment of American Indian children.

Vizenor said the Hennepin County program could be the beginning of an ambitious venture to expand care for children living off the reservation.

"Without a doubt, I know we will be successful and gradually, we will phase in the metro area and eventually all our children in the state of Minnesota," she said.

White Earth and the state will present a report to the legislature in January. The timeline for the Hennepin County transfer, and the costs, are still to be determined.

Source http://minnesota.publicradio.org/display/web/2011/11/30/american-indian-children-foster-care/

Sunday, November 20, 2011

Pre-Thanksgiving March Will Memorialize Iowa’s Lost Children

By Stephanie Woodard

In the days before Thanksgiving, mourners and protesters will participate in the Ninth Annual Memorial March to Honor Our Lost Children. The pilgrimage takes walkers from South Sioux City, Nebraska, over the Missouri river and into Sioux City, Iowa, where Native children have for years been swept up by the child-welfare system and even died in its custody. The route evokes the passage of Nebraska tribes, including Poncas, Omahas, Santees and Winnebagos, who came to the city looking for jobs after World War II, as did Sioux people from South Dakota and others.

“They were seeking a better life,” said Frank LaMere, Winnebago Tribe of Nebraska and executive director of Four Directions Community Center, in Sioux City, which is organizing the march. “But it didn’t work out that way.” The consequences have been devastating for the Native children of Sioux City, surrounding Woodbury County and Iowa as a whole, according to LaMere, who is a national leader in child-welfare and juvenile-justice issues. “If you’re a Native parent in this county, you’re many times more likely to lose your kids than a white parent. In recent years, three of our Native children—Hannah Thomas, Nathaniel Saunsoci-Mitchell and Larissa Starr-Red Owl—have died after being taken from their families. We march to remember them and all the children who have been separated from their families and communities.”

The march has changed lives. Several years ago, an Internet image of the march inspired a Native boy to stand his ground. “The child had acquiesced to adoption into a white home after years of being told, ‘your people have forgotten about you, your people are drunks and no-goods,’” said LaMere, who was present at a final adjudication in the case. Then one day, the boy was clicking around the web and saw a photograph of the march. “He was shocked. He told the court he’d been lied to. He said he saw hundreds of people looking for their lost children. ‘They were marching for me,’ the boy said. ‘They were looking for me.’ He balked at the adoption and was returned to his tribe.”

On another occasion, an adoptive family watching a television segment on the march happened to see a Native mother who’d lost her parental rights years before carrying a baby picture they recognized. “All excited, the adoptive mother called me and arranged to bring the child to be reunited with the birth mother,” recalled LaMere.

Events surrounding this year’s march—which is also supported by other local groups, including the Community Initiative for Native Children and Families, a coalition of government agencies and nonprofits—begin November 22 with a prayer gathering at 7 p.m. at the Marina Inn, in South Sioux City. The next morning, November 23, at 9 a.m., the marchers progress, rain or shine, into Sioux City, where they stop at the Woodbury County Courthouse and the Department of Human Services. In both places, strangers decide the fate of Native people, according to LaMere.

The reception at each building is expected to be different than it was nine years ago, when a sheriff tried to stop marchers from entering the courthouse, said LaMere. This year, the group will be welcomed and will have an opportunity to read a letter calling for a national investigation into non-compliance with the Indian Child Welfare Act. “There are no grey areas in ICWA,” said LaMere. “But racist judges, attorneys, guardians ad litem and more are feeding the system, making money off our kids with their decisions.”

Two special guests during the event will include Cade and Jace Courtright, 14-year-old Rosebud Sioux twins who’ve just been reunited with their mother with the help of LaMere and Four Directions program director, Judy Yellowbank, Winnebago Tribe of Nebraska. Cade relies on a wheelchair, and Jace is blind, so LaMere suggested the twins meet the march at the Four Directions Community Center dinner that closes the event. However, the boys insisted on making the journey with the other marchers. “We’ll do whatever is necessary to make that happen,” said LaMere. “An elder once told us that the prayers of children are very powerful, more powerful than those of adults. Those boys’ presence during this time is a gift to us.”

Things are changing in Woodbury County, he added. “When it comes to Native child-welfare decisions, we have a place at the table now, along with the Department of Human Services. They even support our parenting and leadership programs. We can hold their feet to the fire on the issues, and no matter how heated the meetings get, we come away from them knowing we are going to move forward together, as collaborators. We in the Woodbury County Native community are winning the battle to keep our families together, one family, one child at a time.”

Recently, LaMere sat in on a meeting concerning an Omaha child. The judge announced that the tribe had intervened, and the child was going home. “Everyone’s jaws dropped, including mine. Hopefully, the good we see growing here will spread, and more of our children nationwide will be going—and staying—home.”

Source http://indiancountrytodaymedianetwork.com/2011/11/20/pre-thanksgiving-march-will-memorialize-iowa%E2%80%99s-lost-children-63914