The Oklahoma Bar Journal April 2024

But social workers who are unfamiliar with the ways of Indian family life assume that leaving a child with someone outside the nuclear family is socially irresponsible and amounts to neglect, and they use that as grounds for terminating parental rights. 24

making key decisions in the child welfare and placement process. 31

one of many examples provided to Congress by Mr. Byler. Other statements and testimony were provided to Congress between 1974 and 1978 on this issue. 30 THUS, CONGRESS PASSED ICWA While enacted in 1978, the research supporting and leading up to the ICWA began in the 1960s. That research, most of which has been entered into the legislative history of the ICWA, showed: One-third of American Indian/Alaskan Native (AI/AN) children were removed from their fam ilies and placed in foster care or adoptive homes. 85% of foster home place ments and 90% of adop tions placed these children in non-Indian homes. Most of these children were removed not because of abuse or neglect but because

mother had arrived, the child had been removed from her home and placed in a “pre-adoptive home” by California officials. California social workers claimed that even though they lacked any evidence that the mother was an unfit parent, “it was their belief that an Indian reservation is an unsuit able environment for a child and that the pre-adoptive parents were financially able to provide a home and way of life superior to the one furnished by the natural mother.” 26 An Oglala Sioux mother was tricked by two Wisconsin women into signing adoption papers under the pretense that she was signing a permission slip. 27 A Paiute mother’s parental status was challenged in Nevada as a result of traffic viola tions. 28 A child, Ivan Brown, was spared from abduction when a sheriff and a social worker, along with prospective foster parents, “fled when the tribal chairman ran to get a camera to photograph their efforts to wrest him from his Indian guardian’s arms.” 29 Ivan Brown’s rescue from the local offi cials’ attempts to abduct him is just

Following this study, Congress unanimously passed the ICWA in 1978. 32 The legislation passed was a result of the efforts of many tribal communities, the AAIA and the North American Indian Women’s Association. Following the ICWA’s creation, two families from Michigan shared their stories. Eight-year-old Edward Walksnice was adopted by a Michigan couple in the Delta County Courthouse. The adop tion was conducted, however, by a special session of the Northern Cheyenne Tribal Court, whom the Delta County Court granted use of their facilities. The Michigan couple filed for the adoption of Edward in state court, which prompted the Northern Cheyenne to challenge its jurisdiction. The adopting couple agreed to tribal court jurisdiction. The adoption was granted, but in accordance with that tribe’s cus toms, the natural family’s parental rights were not terminated, and

of a lack of understand ing of tribal customs and practices, stereotypes and biases held by individuals

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