Parents Are Excluded From ICWA
Debate
by Lisa Morris
U.S. Senator McCain is pushing an amendment.to the Indian Child Welfare Act (ICWA)
through the Senate. Senator McCain says that this amendment is a "fragile
compromise" between tribal administrations and adoption lawyers.
Only tribal government and adoption lawyers? What about the voice of
the parents? Last year, when committee hearings were being held, we asked if we could
testify before the committee as parents. We were told, "No, Senator McCain already
has everyone he wants." So who was there testifying? Tribal government, adoption
agencies and social services. But not one person was allowed to testify as a parent. We
weren't important in this issue.
Most people think ICWA and McCain's amendment are good because they
keep kids in the tribe. And sometimes, because social workers are afraid of ICWA, it helps
keep kids with their parents, even if the parents are messing up. But most people don't
know what the law actually says.
Do you know it says Tribal government has a right to your kids?
"An Indian tribe shall retain exclusive jurisdiction over any child custody
proceeding that involves an Indian child..." and "An Indian tribe and an Indian
child have an interest in maintaining ties independent of the interests of the birth
parents." So in the extreme event you die, or even if you're just going to treatment,
the tribal government has the right to decide where your child stays. And not only do they
have the right to decide your child's home, they have a right to decide your child's
lifestyle: there is "a requirement that... cultural and social standards of the
Indian community be applied...." So if you're raising your kids in a religion other
than traditional, the tribe has a right to ignore your religion.
Also, "Indian tribes have the authority to define
membership..," and can claim unenrolled children. So not enrolling your children
won't keep them out of it. Because "If, (after placing a child) a party...discovers
that the child... may be an Indian child...the party shall provide notice (to the tribe)
no later than 10 days after the discovery.." And finally: "a person,..shall...
be subject to a criminal sanction ...if that person knowingly...covers up ...fact
concerning whether a child is an Indian child"...
So a grandmother who chooses to keep her heritage private will be a
criminal? A dad who wants to have his kids placed in a Lutheran home might not get his
way? Is this what everyone wants? Last year, some lawmakers tried to let kids who have
very small amounts of Indian blood, or little to do with the Rez, out of ICWA, but tribal
governments made a stink over that, saying that would violate treaties. So even those kids
couldn't get out of it, let alone families that are mostly Indian but don't want tribal
government to be controlling them.
Who is this really benefiting? Why are tribal governments fighting to
keep control over everyone's kids, even against the wishes of some parents? Senator Orrin
Hatch has spoken up recently and said he is concerned about the wishes of the Indian birth
parents. Please call Sen. Hatch at 202-224-5251 and tell him it matters and to stay with
it! Too often Washington DC hears only from the tribal council leaders and not from
regular people! Please also call Minn. Sen. Grams, (a member of the Adoption Caucus) at
202-224-3244, Sen. Wellstone, (a member of the Senate Committee on Indian Affairs) at
202-224-5641, and Rep. James Oberstar at 202-225-6211. Parents should have the rights, not
tribal governments and adoption lawyers!