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

Saturday, December 17, 2011

Abuse, native foster care focus of Unity Rally - South Dakota

by David Montgomery

A small group of activists rallied Friday in Rapid City to protest sexual abuse of children and the state's foster care system.

The two-issue Unity Rally for the Children took place at 1 p.m. at Memorial Park. Addressing the issue of sexual abuse were Mayor Sam Kooiker and Robert Brancato, director of the Rapid City chapter of the Survivors Network of those Abused by Priests. Tate Walker of the American Civil Liberties Union of South Dakota and Evelyn Red Lodge, a reporter for the Native Sun News, talked about problems they see with the state's foster care system.

Galvanizing Kooiker and Brancato was a 2010 law limiting the time frame within which people can bring lawsuits for childhood sexual abuse. Both men say that statute of limitations should be repealed.

"It is time that South Dakota joins our friends in Montana and other states that have repealed the civil and criminal statutes of limitations on childhood sexual abuse," Kooiker said. "It's very important that victims have the right to bring this up later in life, to not have an arbitrary barrier stand in their way."

Brancato, an abuse survivor himself, pledged to "do everything I can" to rescind what he called "such a horrible law."

After Kooiker and Brancato spoke on sexual abuse, Walker and Red Lodge tackled the foster care issue. An NPR investigative report published this fall alleged that South Dakota's Department of Social Services violated the federal Indian Child Welfare Act by placing Native American children in non-Native households.

Walker, of the ACLU, said her organization has been gathering stories of families who claim their children have been unjustly taken away by social workers.

"We are sad to say we've been very busy," Walker said. "Too many children and families have been affected and not in good ways."

State officials have disputed the accusations, saying they have placed as many Native American children as possible with Native families and only turn to non-Native foster parents and group homes as a last resort.

Walker said the ACLU is "investigating legal angles" to "bring justice to the families."

The rally was a one-shot event, Red Lodge said.

"This was just basically a group of concerned individuals who got together and said, ‘We've got to make a noise. We've got to get out there. We've got to let people know,'" she said.

Source http://rapidcityjournal.com/news/abuse-native-foster-care-focus-of-unity-rally/article_c1048b36-2859-11e1-b1c0-001871e3ce6c.html

Friday, December 16, 2011

US officials plan South Dakota summit on Indian foster care

CHET BROKAW Associated Press

PIERRE, S.D. (AP) — Federal officials are planning a summit in South Dakota in the wake of allegations that the state has violated federal law by removing too many American Indian children from their homes and placing them in foster care with non-Indian families.

Nedra Darling, a spokeswoman for the Interior Department's Office of Indian Affairs, told The Associated Press that the agency has created a committee to plan the summit, the date of which has not yet been set.

"We hope it will open up a dialogue between tribes and federal and state agencies," Darling said.

The summit is in response to a National Public Radio series in October that said the state routinely broke the Indian Child Welfare Act and disrupted the lives of hundreds of Native American families each year. Federal law requires that Native American children removed from homes be placed with relatives or put in foster care with other Native American families except in unusual circumstances.

The three-part NPR report said 90 percent of the Native American children removed from their homes in South Dakota each year are sent to foster care in non-Indian homes or group homes. It reported that Native American children are placed in South Dakota's foster care system at a disproportionate rate because only 15 percent of the state's child population is Native American, but half of the children in foster care are Native American.

State officials have criticized the NPR report as inaccurate, unfair and biased.

Kim Malsam-Rysdon, secretary of the state Department of Social Services, said the Interior Department has not notified state officials about the planned summit, but that the state has nothing to hide.

"We are very confident that South Dakota is in compliance with federal law in this area, and we really do welcome the opportunity for the federal government and others to understand just how that federal law is being implemented in our state," Malsam-Rysdon said.

The summit suggestion surfaced in a letter to members of Congress who had called for an investigation. The meeting is meant to give state, federal and tribal officials a way to work together so that all involved agencies comply with the law and make sure American Indian children and their families are protected, wrote Larry Echo Hawk, the Interior Department's assistant secretary for Indian Affairs.

The Interior Department also is considering sending lawyers to South Dakota to help tribes enforce the Indian Child Welfare Act, Echo Hawk wrote.

Malsam-Rysdon, whose agency oversees South Dakota's child welfare system, said people need to understand that the system involves her department, tribes, courts, law-enforcement officers and others. Federal officials should not take any action based on the NPR report, but instead should get the facts about what is happening in South Dakota, she said.

"We're glad the Department of Interior is taking it seriously, that they're evidently interested into looking into and ensuring the federal law is being implemented," she said.

Malsam-Rysdon said it's true that a disproportionate number of Native American children are involved in the child welfare system. The state receives more referrals for alleged abuse and neglect involving Native American children, and that leads to more investigations and removals from homes for those children, she said.

"What really permeates our involvement with the child welfare system is safety of the child," Malsam-Rysdon said. "We're involved in homes where there are proven or foreseeable safety concerns regarding a child."

In a written response to the NPR series, the state has said it uses all available Native American foster placement homes.

The series said the state's motive for removing Native American children from their homes might be financial because the state gets federal financial assistance for each child removed from his or her home. The report said the state gets almost $100 million a year to subsidize foster care programs, but state officials said the budget for the entire Division of Child Protection Services last year was only $59 million, and spending specifically on foster care and foster-care support was just $8 million.

The series also said there was a conflict of interest in Gov. Dennis Daugaard's work for Children's Home Society of South Dakota when he was lieutenant governor. That organization received millions of dollars for housing Native American children under contracts the state awarded without competitive bids.

The governor's office responded that Children's Home Society has had contracts with the state since 1978, long before Daugaard became its chief operating officer in 2002.

State officials also have said the Department of Social Services cannot remove children from homes and place them in protective custody. Only law officers and judges have the legal authority to do so, the state officials said.

Source http://m.siouxcityjournal.com/mobile/article_e1ed29d6-1b91-59ab-bfe6-26801493047a.html