So, this law was brought up in class on Thursday and I was getting the legal grumpies just thinking about it.
1978 brought about the Indian Child Welfare Act, the law that says people without any association to a tribe cannot adopt a Native American child. From one website, this was said: “The intent of Congress under ICWA was to ‘protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.’"
Let me hit you with some quotes before I go on my rampage.
--“Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources.”
--“that an alarmingly high percentage of Indian families are broken up
by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions.”
--“The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs. “
--“''Indian'' means any person who is a member of an Indian tribe, or who is an
Alaska Native and a member of a Regional Corporation as defined in 1606 of title 43”
--“The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid.”---This was in relation to the consent given by the parent or guardian to give up the child.
Look, I could go on and on about this.
First off, I find it hysterical that they’ve actually defined what constitutes an Indian.
Secondly, this is one of the first national adoption acts enacted as of late. Usually, adoption laws are voted in on a state-by-state basis. But this is a federally mandated law that all states must follow, whether they like it or not. So thanks, White House.
HA! Congress has made it their responsibility to “take care” of the Native Americans, to protect and preserve their Indian-ness. What bullspit. Where was this mentality during the Trail of Tears? Or any other relocation program throughout the history of Native Americans? But no, now suddenly it’s Congress’s self-imposed job to be the babysitters to these people.
“Alarmingly high” numbers of Native families are broken up? Yeah, so what?! How is that any different than any other race in this country! Divorce rates are up to 60% these days. There are drop boxes for unwanted newborn babies in hospitals now. Prom night babies, dumpster babies…But I digress.
I just cannot comprehend this 100% segregational law. I thought this kind of crap went out the windows with the Civil Rights laws. No more “separate but equal” stuff, right? Wrong. I understand that Dr. Morris said that some of this law was the brain child to the tribes themselves. But…but… *ensue sputtering*
Here’s my biggest thing. What if you live on a poor reservation? I’m not saying that all of them are poor. But there are more destitute reservations out there. And what if your parents die. And what if there is no next of kin. And what if you have a really good opportunity to get adopted by a non-native family who will still love you but can simultaneously transport you from your low station in life. Why does Congress get the power to say poo-poo and keep you stuck where you are?
Congress seems to assume that every adoptive family is eager and waiting to brainwash their newly adopted child, to make them forget everything they came from. Not everyone is like that. And why does Congress get to dictate that this specific set of people have to maintain their Indian-ness? That they have to soak in their culture and their heritage?
Okay Congress, how about this one: No more allowing white people to adopt black children. Oh? Not okay with that? (Sarcastic tone). Because that would mean The Blind Side never would have happened. Or a million other tales of different races adopting other different races.
Why are we not just supporting healthy, safe lifestyles for all? Why is that so much to ask? Stop looking at heritage, stop looking at blood, stop looking at what box you check on your SAT test. Just look at this child with no parents and give him to the most worthy person. Purple, blue, red, white, black, orange, or rainbow colored.
Links:
http://www.nicwa.org/policy/law/icwa/icwa.pdf (this one is the link to the actual law itself as it stands in the books)
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