The Oklahoma Bar Journal April 2024

be shut down. 13 In 1971, 17% of all school-age Indian children were still held in boarding schools. 14

4) Prohibiting the use of any language other than English 5) Prohibiting cultural and religious practices 6) Forcing Christianity onto the children 7) Separating the children from other children in their family and tribe 7 1) Whip and lash the children 2) Withhold food from the children 3) Place the children in solitary confinement 8 “Even compliant students faced ‘[r]ampant physical, sexual, and emotional abuse; disease; malnour ishment; overcrowding; and lack of health care.’” 9 While repugnant to modern sensibilities, this is rarely To enforce these policies and practices, the schools would:

acknowledged when addressing issues surrounding the ICWA. Serving injury with insult, 95% of the funding for these schools came from “Indian trust fund monies” raised by selling Indian land. 10 The schools would supple ment that funding by using what has been called the “outing sys tem,” 11 which involved sending the children to live with white fami lies over the “summer break.” The children would work on the farms and do household chores for the families. In exchange, the families would compensate the schools. 12 In review of this brief explana tion of the shameful history behind boarding schools and policies, it is hard to see these schools as anything other than prisons for children. In 1928, the Meriam Report investigated many of these schools and determined they provided well below adequate care and should

THE SECOND REMOVAL: FOSTER HOMES AND ADOPTIONS

The forcible removal of Indian children evolved from the board ing school era. This time, instead of federal officials, it was the poli cies and practices of state and local officials. The prevailing belief was that a reservation was an unsuit able environment to raise children. The proposed “solution” was to take all school-age children out of Indian Country and allow “civi lized” people to raise them. 15 In other words, off-reservation foster care and non-Indian home adoptions became a prevailing practice. The process for these fos ter care placements and adoptions included:

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL