Maine's apology for Indian Adoption Projects

Maine signs Historic 'Truth and Reconciliation' Agreement with Indian Tribes Related Media Maine signs Historic 'Truth and Reconciliation' Agreementhttp://www.mpbn.net/DesktopModules/PDGNews/MediaPlayer.aspx?PDGNewsStoryID=22562&PDGNewsMediaID=5517&TabID=36&ModuleID=3478   Duration: 4:14

archival photo Chiefs from all five of Maine's tribes joined Gov. Paul LePage today (06/29/2012) in signing an historic agreement to create a Wabanaki-State Child Welfare Truth and Reconciliation Commission.  It will examine child welfare practices that once resulted in large numbers of Indian children being forcibly removed from their homes. The ceremony in the State House Hall of Flags marks the first time that such an effort has occurred in the United States between Indian nations and a state government. Tribal members consider the agreement crucial to their healing process. The statistics are sobering. Chief Brenda Commander of the Houlton Band of Maliseet Indians says at one time, 16 percent of all Maliseet children were in state custody. In the 1970's the Federal Indian Policy Commission backed that up with a report that found Indian children in Aroostook County were being placed in foster homes 60 percent more often than non-native children. Chief Kirk Francis of the Penobscot Nation says children were placed in foster homes or sent away to boarding school in a cruel attempt at assimilation. They were separated from their families, their language, their cultural identities--and in some cases, he says, subjected to horrific abuse.  Read article here:  http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/3478/ItemId/22562/Default.aspx

Bring Bailey Home

This was posted by a friend on Facebook. This is what is happening in Indian Country right now, today, not 50 years ago... Please go to Facebook and show your support to BRING BAILEY HOME...

An interview with Daniel Ibn Zayd

Transracial Eyes logo

The following interview is with Daniel Ibn Zayd, an adoptee and contributor to a collective of transracial adoptees called TRANSRACIAL EYES. He was kind to answer some questions for me via email. His bio follows this interview.

Tell us about you, what you do, where you are, and how did you come to know so much about adoption:

Daniel: I was born in Lebanon in 1963 and almost immediately adopted to the United States. At the age of 40, I decided to return, determined to find family, and if not that at least a sense of culture, language, and perhaps identity in returning to my place of birth. As I met adoptees from other countries, as well as domestic adoptees in the States, I became more active in adoptee rights. I was most struck in Lebanon by those who didn't get why I was searching, or who were most critical of it;  they happened to be of the class I was adopted into. Those on the other hand who did get it, were likewise dispossessed and displaced: migrant workers, refugees, marginalized communities, etc. I took this as a focal point to try and understand economically and politically adoption as a process and as an industry. My first breakthrough was connecting international and domestic adoption, and from there examining similar human traffickings. I adamantly avoid the personal aspect of it because I see this as a diversion to the discussion that must take place. It's like abolitionists focusing on the narratives of slaves, discussing whether they could be "happy" on the plantation -- it avoids the bigger economic and political picture that adoption, like slavery, perfectly fits into, unfortunately.

I was impressed you have been covering the issues surrounding the Christian group in Montana who is advocating for changing the Indian Child Welfare Act and lobbying legislators in the US. How did you come to learn about American Indian adoptees and the ICWA? 

Daniel: When I arrived in Beirut I was working in academia, and I took advantage of this position to further research aspects of resistance to the above economic and political realities that govern our lives. Much of this research focused on groups who culturally expressed their resistance, for example, the artists of the Mexican Revolution or the Black Panther Party (I was teaching graphic design and illustration). In expanding on notions of dispossession and the like, the Indigenous Nations of the Americas came into focus, especially concerning the political changes in South America, but also in terms of attempts to reclaim culture, language, and community. It was an obvious addition to such research. More personally, my parents had retired to a town in the southwest next to a large Navajo reservation, and an old school to "deculture" Indian children existed near their house. 

I am obsessed by the benign destruction that such "innocent" places represent, and the economic and political position such "adoptions" hold in the imperial forays of the U.S. In one of my classes I used the case of Leonard Peltier and the movie "Incident at Oglala" to portray much of this, making parallels with the local occupation of Palestine. I've also had many debates with those tribal members who reflect locally here in Lebanon what Frantz Fanon calls "native intellectuals": those who advocate for their own oppression and domination, and who take on the colonizing narrative as their own. It is absolutely imperative that we understand historically speaking the derivations of adoption, and its use as a tool by imperial nations against their former/current colonies, and how this relates to the destruction of indigenous peoples in the Americas, Australia, as well as in French overseas territories for just a few examples. This reflects more the true basis of what adoption was designed to do.

Are you a journalist by trade? Tell us about your activism:


Daniel: I'm not a journalist by trade, but have published a fair bit of writing. My activism is currently tending to mix the visual, written, and philosophical realms. In 2009 I started a collective of artists that we called Jamaa Al-Yad; roughly translated it means "Clenched Fist", which we take as a sign of resistance. Much of our initial work required of us bylaws and charter that would pass evaluation by the Lebanese government. We were given a template to use that in many ways reflected French and American influence on the country, taking for granted such things as parliamentary procedure, fifty-percent plus one voting; hierarchies of officers/members, etc. We took almost two years to write from scratch bylaws and charter that avoided all of this. We based them in research gleaned from Iroquois sources and the methodology of Quaker meetings to very local ways of communal associations; the best of many worlds. We received our approval three years ago, and many other non-profit and non-governmental organizations (NGOs) have adapted our charter and bylaws for their own use, which is very satisfying. My sense of activism is that it must be lived, not just theorized or super-mediated. Anything else is just preaching or hypocritical advocacy.

Have you been able to find your natural family and reconnect? What was that like for you?

Daniel: I haven't. I have instead been introduced to a bottomless abyss of trafficking, displacement, dispossession, and marginalization the knowledge of which I wouldn't wish on my worst enemy. I have managed to integrate myself into my neighborhood as well as various communities that I never expected would welcome me back, and this along with the support of my adoptive family allows me to persevere here.

For adoptees out there who are transracial (adopted outside of your culture), many who read this blog are Split Feathers who have questions about this, have you any suggestions on how we can change the views on international adoption and adoption in general:

Daniel: I'm actually writing a book on this subject that shifts the burden here. Why try and change an inherently broken and corrupt system? In my research it quickly becomes apparent the uses of adoption originally were never for family creation, but for everything having to do with political and economic domination, including indentured servitude, emptying of poorhouses, populating of colonies, destruction of tribes and indigenous peoples, etc. So for us to go along with the "lie" that adoption is about family creation is to be accomplices in our own dehumanization. Much more important is our own grounding not in terms of our adopting class but in that of our originating communities. Even if we are transracially "American" or acculturated "American", what does this mean when many groups who have managed to assimilate were formerly considered Other within American society? 

These groups were forced to give up their language, culture, and identity that, when studied, are amazing sources of resistance, strength, and self-awareness. This is hard work because none of this is part of the dominant cultural mode, and we have to go out of our way to find such material. But it's out there, and it is much more grounding than pretending to be "American", whatever that even means these days. I'm not advocating claiming this or that identity; actually I'm saying the opposite: Find the cultural roots of resistance that existed in communities before they were assimilated into dominant societies, themselves historically full of mixes, overlaps, and interconnections. This gives us much more in the way of common cause, and will do more to bring us back to a sense of community than walking around manifesting affected cultural references that the dominant mode deigns allows us. 

BIO:
Daniel Ibn Zayd currently lives in Beirut; in 2009 he founded the artists' collective Jamaa Al-Yad, http://www.jamaalyad.org. He has helped form a collective of transracial adoptees, Transracial Eyes, at http://www.transracialeyes.com, and he is also active on the discussion boards of Adult Adoptees Advocating for Change at http://www.adultadoptees.org.  He is currently working on a book that examines the political and economic aspects of human trafficking including adoption.  He can be reached by email at: daniel.ibnzayd@inquisitor.com or his blog: http://danielibnzayd.wordpress.com/ 

Visit Daniel's blog. It is eye-opening and thought-provoking! There is so much we learned from this interview... Thank you Daniel.... Trace

Those pesky loopholes, how father and Navajo tribe lost

2006:

Utah case involving Navajo Nation where 1978 Indian Child Welfare Act clearly had a loophole where advantage was taken... If tribes do not intervene immediately, it's too late in Utah...

NAVAJO NATION, PLAINTIFF v. LDS (Latter Day Saints/Mormon church) FAMILY SERVICES, DEFENDANT.

(IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION)

The opinion of the court was delivered by: Paul G. Cassell United States District Judge

ORDER GRANTING MOTION TO DISMISS

Under all the legal layers of this case is a young child who has been involved in an adoption process in a Utah state adopting case since shortly after her birth in February 2005. In this court, the Navajo Nation, an intervenor in the state case, challenges the adoption procedures used by LDS Family Services. Specifically, the Navajo Nation asks this court to determine if the federal Indian Child and Welfare Act applies when a natural Native American father is unable to establish his paternity under state law, and if it creates a private right of action for the Navajo Nation. But the Navajo Nation has not demonstrated the state court proceeding provides an inadequate forum to hear the claims raised in its petition. The court, therefore, finds it necessary to abstain in this case, and to grant Family Services' motion to dismiss.

BACKGROUND

For purposes of this order, the court finds the following facts. During her pregnancy, Sarah Ashley Ziska contacted LDS Family Services about possibly placing her unborn child for adoption. Ms. Ziska asserted her right to privacy, and declined to identify the father of the unborn child. However, in later meetings, Ms. Ziska informed Family Services the probable father of her unborn child was of Navajo ancestry. Because no one had registered with the Utah Putative Father Registry with regard to Ms. Ziska's unborn child, Family Services proceeded with the adoption process.

On February 14, 2005, Ms. Ziska gave birth to a baby girl. On November 11, 2005, a DNA test result indicated that Herb Begay, Jr., is the biological father of the child. Mr. Begay is a member of the Navajo Nation. But Ms. Ziska is not a member of any tribe, nor is she eligible for enrollment in any tribe.

On February 25, 2005, Ms. Ziska voluntarily relinquished her parental rights to the child in front of Judge Timothy R. Hanson of the Third Judicial District Court, State of Utah. Judge Hanson placed the child with Family Services for adoption. Family Services began to arrange an adoption of the child to a Utah family. The adopting father had an application for membership in the Muscogee (Creek) Nation of Oklahoma pending at the time of the child's placement. The adoptive parents filed a petition for adoption on February 23, 2005, and the Navajo Nation was not notified about the filing of this petition.

Around March 2005, a friend of Mr. Begay's told him Ms. Ziska gave birth to a child that Mr. Begay may have fathered. Around May 3, 2005, Ms. Ziska informed Family Services that Mr. Begay was the putative father. Family Services claims to have addressed a letter to an intake worker for the Navajo Children and Family Services, advising her of that fact on this same date, but the Navajo Nation disputes this.

On May 31, 2005, Mr. Begay's attorney wrote a letter to Family Services indicating they may have a Navajo child in their custody, awaiting adoption. The letter referred to Mr. Begay's status as a member of the Navajo Nation, suggested Family Services adhere to the requirements of the Indian Child and Welfare Act (ICWA), and requested Family Services to immediately notify the Navajo Nation of any adoption proceedings.

Mr. Begay also filed a Petition for Paternity and Custody in the Third District Court of Utah on May 30, 2005. Judge Anthony Quinn granted summary judgment to Ms. Ziska on February 27, 2006, and dismissed Mr. Begay's petition. Specifically, Judge Quinn found that Mr. Begay had failed to establish his paternity under Utah law, so he was not entitled to an order establishing his paternity or to exercise any paternity rights, including the rights of notice or consent to the child's adoption. Judge Quinn also determined that the Indian Child Welfare Act did not apply to Mr. Begay's paternity action because Mr. Begay was not seeking foster placement, termination of parental rights, adoptive placement, or pre-adoptive placement. Finally, Judge Quinn precluded Mr. Begay from proceeding with any efforts to exercise his parental rights or establish his paternity. Mr. Begay did not appeal the state court's decision.

Although Ms. Ziska consented to the adoption and to the termination of her parental rights on February 28, 2005, the state court adoption proceedings have not yet been finalized. But the adoptive parents have temporary custody of the child pending finalization of the adoption, pursuant to an order by Judge Hanson. On May 30, 2006, after learning the location of the court in which Family Services filed the adoption action, the Navajo Nation filed a motion to intervene, which Judge Hanson granted.

On October 24, 2006, the Navajo Nation then filed the instant action, a Petition to Enjoin State Adoption Proceedings and Objection to Placement. Because the placement of a young child was at stake, this court ordered Family Services to rapidly file either an answer or other appropriate pleading. Family Services responded by quickly filing the Motion to Dismiss that is at issue in this order.

STANDARD OF REVIEW

In reviewing a motion to dismiss, the court "must accept as true all of the factual allegations contained in the complaint." The court accepts all well-pleaded factual allegations as true and views them "in the light most favorable to the nonmoving party."

DISCUSSION

In its petition, the Navajo Nation requests this court to determine if § 1915(a) of the ICWA applies when the natural Native American father is unable to establish his paternity under state law, and if it creates a private right of action for the Navajo Nation. Among other things, the ICWA governs adoptions of Native American children.

The court concludes that, under Younger v. Harris, it must abstain from deciding the issues the Navajo Nation presents because of the ongoing state adoption proceeding. The United States Supreme Court has recognized a "national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances." This policy is based on comity - the notion of respect for state functions. Under Younger, only in extraordinary circumstances should federal courts interfere with pending state court proceedings.

Younger abstention is jurisdictional, so when the conditions for abstention are met, absent waiver, the court has no choice but to abstain.

To determine whether Younger abstention is required, the court must consider whether:

(1) there is an ongoing state criminal, civil or administrative proceeding, (2) the state court provides an adequate forum to hear the claims raised in the federal complaint, and (3) the state proceedings involve important state interests, matters which traditionally look to state law for their resolution or implicate separately articulated stated policies.

In this case, all three considerations make clear that this court must abstain.

The Tenth Circuit's decision in Morrow v. Winslow  applying these considerations in an analogous case demonstrates the inevitability of the court's abstention in this case. In Morrow, the plaintiff was a recognized citizen of the Cherokee Nation. Mr. Morrow's former spouse became pregnant and decided to place the child up for adoption. The mother-to-be contacted a private adoption agency and found what she thought to be a suitable placement for the child. 

Mr. Morrow was apprised of the pending adoption and first objected to it at a hearing the state court judge had scheduled to determine if it was necessary to obtain Mr. Morrow's consent before approving the adoption. A short time after he objected at this hearing, Mr. Morrow filed for custody of the child and asserted that the adoption proceedings had failed to comply with the ICWA. Then, with permission from the court, the Cherokee Nation intervened in the proceedings. Shortly before the state court trial date, Mr. Morrow filed a claim with the United States District Court in Oklahoma. The state judge stayed the adoption case pending the outcome of the federal proceedings.

In the federal case, the district judge addressed the merits of Mr. Morrow's claims, and denied Mr. Morrow relief.  Mr. Morrow appealed the district judge's determination to the Tenth Circuit. The Tenth Circuit concluded that the district court erred by assessing the merits of the case.  Instead, the district court should have abstained from hearing the case pursuant to Younger.  The court quoted Supreme Court jurisprudence cautioning "'against federal intervention in state judicial processes in the absence of great and immediate irreparable injury to the federal plaintiff.'"  Specifically, the Tenth Circuit found that policies underlying Younger applied to areas of state policy such as family relationships. The court determined that ICWA claims could be heard by either federal or state courts and that nothing in the ICWA indicated a congressional intent "to allow federal court interdiction of ongoing state custody disputes involving Indian children." Ultimately, the court did "not believe that Congress envisioned [the ICWA] to authorize the type of federal court supervision into ongoing state adoption proceedings that Morrow ask[ed it] to impose."

In this case, just as in Morrow, the plaintiff has proffered no grounds that would suggest the court should not abstain in this case. First, as in Morrow, the proceedings before the state court are ongoing. The adoption of Ms. Ziska's child has not yet been finalized in state court. The adoption proceedings were first extended when Mr. Begay adjudicated his rights in state court, then extended again when the Navajo Nation intervened in the case on June 26, 2006. Therefore, there is an active, civil proceeding in state court. Further, the proceedings before this court are in an "embryonic stage" and this court has decided no contested matters, putting this claim flatly within the ambit of Younger.

Next, the Navajo Nation has not met its burden of showing the claims it raised in this court could not be raised in state court. As an initial matter, this court is confident that Utah's state courts can adequately protect the Navajo Nation's rights - state processes are entirely capable of "accommodating the various interests and deciding the constitutional questions that may arise in child-welfare litigation." In Morrow, the Tenth Circuit was careful to note this same principle. Not only can Utah state courts ably decide such issues, the Navajo Nation has not cited to any procedural bar preventing it from raising its claims in the state forum. "[T]he only pertinent inquiry is whether the state proceedings afford an adequate opportunity to raise the . . . claims."*fn32 Navajo Nation attempts to distinguish this case from Morrow by pointing out that in Morrow, the father of the child, not the Cherokee tribe, filed suit in federal court. However, this distinction becomes superficial when considering that Judge Hanson gave the Navajo Nation permission to intervene in the ongoing state proceedings, which gives it a voice in the case. There is no indication the Navajo Nation's rights will be inadequately protected in the state process. Utah law obviously does not bar consideration of ICWA claims in adoption proceedings, as Mr. Begay framed some of his arguments in light of the ICWA and Judge Hanson addressed his arguments on their merits.

Finally, adoption proceedings involve important state interests. Indeed, in Morrow, the Tenth Circuit recognized that "adoption and child custody proceedings are an especially delicate subject of state policy" and familial relations are "a traditional area of state concern."*fn33 United States Supreme Court jurisprudence supports this view. In Moore v. Sims,*fn34 the Supreme Court heard a case in which two parents sued in a federal district court alleging the Texas Family Code was unconstitutional.*fn35 Before this suit, the Texas Department of Human Resources had filed a suit in a Texas state court requesting emergency protection of the parents' three children. The Supreme Court determined the federal district court should have abstained from hearing the case because familial relations were a traditional area of state concern.*fn37

The fact that this challenge arises under the ICWA does not suggest a different outcome. The ICWA does not "authorize the type of federal court supervision into ongoing state adoption proceedings" that would be necessary if this court heard this case. "Indeed, the ICWA grants concurrent jurisdiction in state and federal courts over adoption proceedings brought under its provisions."

In Moore, the challenged statutes implicated important federal constitutional questions that were nonetheless left to state court. Similarly, although the Navajo Nation has filed a claim under the ICWA, a statute which implicates important federal interests, the statute does not single-handedly override the important state interests at stake.  Indeed, the policies underlying Younger are especially important in cases such as this, where the "duplicitous and protracted litigation" resulting from ongoing federal and state cases will directly impact the welfare of a young child - a child who has not yet attained permanent placement.

Finally, as in Morrow, the fact that private parties (rather than the State) are the primary litigants does not change this balance. Even where private litigation is involved, a state's interest can be important - as demonstrated by the Morrow case itself. For all these reasons, the Younger doctrine, as applied in Morrow, appears plainly applicable.

Although exceptions to the Younger doctrine exist, none applies in this case. A party is not required to exhaust her state appellate remedies before seeking a federal injunction if (1) the state proceeding is conducted in bad faith or is motivated by a desire to harass, (2) the challenged statute flagrantly violates express constitutional prohibitions, or (3) extraordinary circumstances exist.  The Navajo Nation has not even attempted to make a showing that any of these exceptions apply or that it may suffer any kind of an irreparable injury if the state court hears its claims. Moreover, it appears from the facts that the Navajo Nation would be unable to make such a showing.

CONCLUSION

Because the court finds it necessary to abstain from hearing this case, the court GRANTS Family Services' Motion to Dismiss [#5]. The Clerk's Office is directed to dismiss the petition and close the case.

DATED this 12th day of December, 2006.

Leland P Morrill had posted this on Facebook. He is a Navajo/Dine adoptee who was adopted by Mormons through ARENA: see my interview on this blog: http://splitfeathers.blogspot.com/2011/04/my-interview-with-leland-morrill-navajo.html. The anthology Two Worlds: Lost Children of the Indian Adoption Projects will be published in Sept. 2012 - Leland and many other adoptees share their stories - it's an amazing collection of adoptee narratives... we'll post more here soon... Trace

Americans for Open Records

(AmFOR)

WHO WE ARE

AmFOR was originally founded in 1989 by Lori Carangelo as a national organization by and for adoption affected citizens only, but also non-adopted citizens began to support our original, related and subsequent causes, so AmFOR expanded its focus and efforts with this mega-site to provide FREE research and assistance via our (still) free speech!

Click to enlarge image

AmFOR is now an international voluntary network of citizens reclaiming "our right to know" via our dwindling access to billions of records wrongfully withheld from us and kept secret without our permission under alleged "confidentiality" and "privacy" laws, especially records in which we are named, and to certain other records which must be accessible to the public in the public interest. We are also reclaiming our right to correct anymisinformation or falsifications in such records.

AmFOR incorporated in 1996 as a non-profit tax-exempt California corporation, funded at the time entirely by book sales and royalties. Today, AmFOR's expanded emphasis and projects are funded entirely as a philanthropic project of its founder.

WHAT WE DO

AmFOR has, over the years, lobbied, protested, petitioned, sued and had our books and editorials published, to OPEN UP our Wrongfully Sealed Birth and Adoption Records (degree of disclosure depends on state), our Publicly Held RecordsWRONGFULLY WITHHELD from our access, our Privately Held RecordsWRONGFULLY WITHHELD from our access, and certain of our government'sWRONGFULLY CLASSIFIED Records not sanctioned by Congress (representatives of the People).

When I was researching adoption from 2004 on, I came across Lori's website AMFOR http://www.amfor.net/. Some of her statistics blew my mind! If you wish to become active in restoring adoptees' rights and want to know about her activism, contact her through the website.   Trace

I just downloaded Chosen Children 2012: http://www.amfor.net/ebooks/chosenchildren2012.pdf

An excerpt: Trafficking of Foster Kids

There have been  reports of cases in the United States of government-run foster homes that turned
out to be fronts for child trafficking rings. A study in the United Kingdom found that 55% of child
trafficking victims, who are identified and rescued, eventually again go missing. Worldwide, the
numbers concerning child slavery are staggering.  More than 150-million children younger than 14
are child laborers;  one in six children worldwide.  Some girls as young as 13 are trafficked as mail
order brides and nearly 90% of domestic workers trafficked from West and Central Africa are young
girls.  American children who go missing from foster care are rarely found.

On 3-13-04, Ted Gunderson, FBI Senior Specialist Agent (Ret.)  delivered a speech to the
Congressional Hearing on Child Protection, stating that during his career he “investigated public
officials at all levels of government, which reached as high as the White House.  Most of all I have
chisled-in-stone documentation of an international  criminal enterprise involving kidnapping,
murders, including human sacrifices by Satanic Cults.  Specifically, in regard to Child Protective
Services, in some areas and some states, I have been told by reliable sources that a planeload of 210
children from CPS was flown out of Denver, Colorado, on 11-6-97, to Paris, France.
Later, a second plane load of children, also under care of CPS, was flown from Los Angeles to Europe.
I have also developed information through reliable sources that, in the past, children have
been taken from foster homes, orphanages, and  Boys Town Nebraska, and flown by private jets
from Sioux City Iowa to Washington DC and forced into sex orgies with politicians.  I have
interviewed witnesses who were active in an international child kidnapping ring, who advised me
that, of the thousands of children who disappear every year, many are auctioned off, at various
locations throughout the country.  This kidnapping ring involves a case under investigation known
as ‘The Franklin Coverup.’  I developed information from a credible source in a major city in the 9
Southwest U.S. that there is collusion between judges, attorneys and underworld criminals.
Children in that system become adopted, four thousand dollars is given to the people who adopt, and the children’s names are changed, and each child is re-adopted up to 75 times, with four thousand
dollars going to each adoption every time.  The federal Government Adoption Bonus is given
to these judges, attorneys,  and underworld criminals; it is split among the three groups of
child traffickers.
As an outgrowth of my involvement in the Franklin Coverup Case from Omaha, I learned
that a covert CIA operation known as ‘The Finders,’ based in Washington DC, was actively involved
in kidnapping and trafficking of children since the early 1960s.  This matter was brought to the
attention of the FBI and State Department in 1997.  A report by the Metropolitan Police Department
was classified ‘Secret’ in the interest of National Security.  The investigation by the FBI was closed
down, however, according to the U.S. Customs investigation report. ‘The Finders’ became an
internal matter.
I have given this information to the FBI on seven occasions, and have demanded an
investigation for the international kidnapping and trafficking of children.

Medical Bills Fundraiser UPDATE

A Silent Auction/Fundraiser to help with my medical bills

Please mark your calendar for this date. I have had wonderful items donated to auction; American Indian art from well known Native artists, hand carved flutes, autographed books, etc. Also, there will be beautiful one of a kind artwork and hand made jewelry, as well as gift certificates and more! My main item will be an old buffalo robe ... can even be used as a rug. And who knows what come to me between now and then! Email me if you have any questions or have something to donate. And PLEASE tell all of your friends.....

When	Sat, October 6, 2pm – 6pm GMT-04:00
Where	Crystal Visions, 5426 Asheville Highway, Hendersonville, NC 28791
Who	(Guest list has been hidden at organizer's request) Contact MariJo Moore at marijomoore@gmail.com. Gifts and donations still being accepted. Mail to: MariJo Moore 19 Hidden Laurel Dr Candler, NC 28715 For all who read my blog, thank you for the prayers and ceremony and donations - share with your friends....Trace

Identity: One man’s search after adoption

Thomas with this adoptive parents (family photo)

An interview with Thomas H. Pierce (Menominee)

By Trace A. DeMeyer

Thanks to a growing community of adoptees on Facebook and the internet, I interviewed Thomas H. Pierce, now 58, a member of Menominee tribe of Keshena, Wisconsin.

Thomas explained that he is listed on their descendent roll (there is a 1/16 blood quantum requirement) though his tribal brother told him he has more. Like many adoptees learn, it’s a matter of proof and finding lost relatives after years of being lost and separated by a closed adoption.

The following testimony is graphic but very important as it’s related to the Indian Adoption Projects and their intended outcomes. Thomas is not the only adoptee I know from a Wisconsin reservation, including his Menominee rez, who was taken to Pennsylvania for a closed adoption.

Tell us a bit about your tribal affiliations…

Thomas: I am 3/16 Menominee and also 3/16 Stockbridge-Munsee Mohican. I believe my father was Native American but I can't find him, even though I know his name. I lack the 1/16 each tribe requires for minimum full tribal status.

Do you know why you are adopted?

Thomas: I was adopted when I was 5 days old. I found out my adoption was due mostly because my grandfather would not allow my birthmother to bring me home. My mother was a Navy Corpsman. (My birthfather may have been also.) I was born at the Naval Hospital in Camp Pendleton on the Marine Corps military base in California.

 What was your childhood like?

I was adopted by a career Marine, Lt. Col. Herbert E. Pierce, a soft spoken “hero” in every respect. My adoptive dad was Cherokee, 1/4 blood, but his family denied it because of racism in Oklahoma. He was a WWII and Korean veteran and highly decorated.

Then there is my adoptive mother, an alcoholic, pill popper, ETOH abuser. (ETOH Abuse: When it is said that an individual is suffering from ETOH abuse what it means is that they are abusing alcohol. Most people have not heard of alcoholism being referred to as ETOH abuse and this is because this phrase is predominantly used in the medical and rehabilitation sector. The word ETOH is short for ethanol, which is the primary ingredient in alcohol.)

My mother, I believe, just hated kids. She treated us shabbily but she held a special hate for me. When she was angry, she sailed on about me being a bastard.

My father wasn't around much due to his postings so I was raised by my older sister who was eleven years older than me. When I was about 8 years old, she went off to school.

Because of my mother’s ETOH abuse, she slept in everyday until 10 a.m., so I never had anyone to rely on for getting breakfast, getting dressed or ready for school. As a result, I was a wild child, feral in some ways.

I do remember my adoptive parents were going to adopt a Navajo boy but he was violent - he grew up on the street eating from garbage cans, taking care of his younger brother, so they sent him back. I took that to heart and realized my tenure with my family was tenuous at best.

They always seemed to be sending me off somewhere, every summer vacation. I went to camps or to relatives and finally to a children's home where corporal punishment was practiced liberally.

I even made many trips to psychologists, until they told me my mother was to blame for my problems. I don't blame my Dad though he enabled her and then he was dying, very sick, and passed away at age 54. At that time, I lost my only defender. Then my relationship with my mother turned for the worse, if that was even possible.

She sent me for a summer to an acquaintance where I was sexually abused and where my own alcohol abuse started. She would do things out of spite, like setting me up with a friend for a weekend, telling this friend of hers I was gay, which I am not; but at least by this time I was old enough to fight off my attacker.

Then later, she phoned child authorities telling them I was abusing my own son, all proven untrue.

I was written out of the family will and received no inheritance or money. She gave away land which we had bought but by then I didn't care. Our relationship was irretrievable. I just wanted the few possessions my father bequeathed to me, the only things that would have mattered; and she ignored my sons with their inheritance.

But believe it or not, I mourned at her passing, mostly for the lost opportunity of a decent relationship she threw away.

 Did you have any Indian friends growing up?

I had no Indian friends growing up; there are not many Indians in the snooty environs of Wyomissing, Pennsylvania, known for its wealth and society types. In fact, Wyomissing was a great place to learn how to fight. I was teased relentlessly. I learned to fight three or four guys at a time, just to survive as my tormentors waited for me with a beating and racial slurs.

But I was proud to be an Indian and I knew I was adopted from my first recollections. Despite the denials of being Indian from my father’s side of the family, they told me to be mum because they were still hanging Native Americans in Oklahoma and Missouri.

 What did you learn about your adoption and your adoptive parents?

Thomas:  I was adopted nine years after the end of World War II and my adoptive parents had been trying to have other children. My father wanted a boy. Since he was part Cherokee, a Native child seemed natural. One of my two sisters (their biological children) looked particularly Native American. After I was adopted, many of my father’s friends remarked, in their words, “You certainly can't deny him, Herb.”

We looked remarkably alike, even when I was in my 40s. I wished I was his but alas I am not.

I was told by my mother that due to father’s military service (malaria/jungle fevers) my dad was lacking enough sperm. I believe it was her who had medical problems and she had a hysterectomy in 1956-57. With her alcohol and drug abuse, as well as deep-seated psychological problems, perhaps she felt inadequate.

I was psychoanalyzed three times. The psychologists keep saying my problems were a result of her. She had a vicious temper and would assault me many times over the years, like a woman possessed, often when she visibly intoxicated.

My father and I had a good relationship, he was a mellow thoughtful man whom I could confide anything.

After my father died no one could modify her behavior. She kept an article on a blackboard about a theory that some children are “Bad Seeds.” This was pointed out to me constantly. She even blamed me for my father’s death.

She also had a way of pitting sibling against sibling to achieve her aims.

In early 1977, when she accused me of child abuse, I got so angry I threatened to kill her if she ever stuck her nose in my business again. I was written out of her will and had no contact with any family until the early 90s.

It was established there was no abuse of my children. I have raised six and never raised a hand in anger to any of them. I became my adoptive father.

There was not religious or financial reasons for them adopting me. When they sent that Navajo boy packing, that did affect me. I knew I could also be sent away. I acted out in my older years. I felt my mother just did not want me around.

 What’s your life like now and what type of work are you in?

Thomas: I have been married three times. It took me three to get it right.

I have been clean and sober for 18 years now.  I served in the military, Marines and Navy, as a corpsman. I boxed as an amateur. I love fast cars and motorcycles. I was Pre-Med in college but ran out of money. I’m studying for my Masters in Labor management, converting credits from my B.S. degree in nursing.

I have worked at everything: carpenter, boilermaker, sheet metal journeyman, and have lived all over this country. I’ve visited 49 of 50 states, lived in 15 states, and visited 25 different countries, as military, or working in the trades, or just for fun. One can never get enough travel, knowledge or evolve and involve oneself politically.

All the lessons I learned from the Colonel, early life with him, was a great civics lesson. He was a born teacher. He taught at Yale and had his PhD in History and also taught ROTC. He taught high school after he retired.

When did you decide to open your adoption or did your adoptive parents have info for you?

Thomas: I always knew my first mother’s maiden name and was curious in 1995. I felt I wasn’t disrespecting my adoptive parents. When I finally found her, my mother and I corresponded, wrote letters. She never told anyone about me so I never met her in person while she was alive, so as not to embarrass her.

Can you tell us a little about your tribal family reunion?

Thomas: About four years ago I reached out to my family in Keshena. Our reunion was grand. I come from such a proud and large family. I am still getting to know them and regret not doing it sooner.

Dr. Verna Fowler is a nun and she started the tribal college. I greatly respect my aunt and admire how she helped Native colleges everywhere. She’s truly a beautiful strong woman.

Also, my Aunt Shirley was instrumental in regaining our Nationhood back. (The Menominee were terminated but it was restored.) *see history below

I learned my own mother took in and adopted many children, as well as raising my two other half-brothers.

Unfortunately, due to many health issues and funds, I haven’t been able to travel back to my rez often. Mostly it’s my health. I almost died a year ago which awakened me to my own mortality, realizing I may have waited too long. It took many attempts to unseal my records and finally be recognized by my tribe.

One of my aunts thought I might be after something. She was right: I wanted my identity. My only regret is not starting this process sooner. I am fortunate to have such a wonderful family.

 Any advice for other adoptees…

Thomas: My advice to adoptees is “be persistent.” The laws are there but it’s just getting the system to work for you and it is slow. Yes, you might not be as fortunate as I was. My Aunt Verna gathered up as many relatives as she could and gave me a wonderful homecoming, catered at the College of the Menominee. I was and still am humbled by her kindness and warmth. I am still awaiting my naming ceremony, mostly due to health reasons, but I have no regrets.

HISTORY:

The Menominee Indian Tribe’s rich culture, history, and residency in the area now known as the State of Wisconsin, and parts of the States of Michigan and Illinois, dates back 10,000 years. At the start of the Treaty Era in the early 1800’s, the Menominee occupied a land base estimated at 10 million acres; however, through a series of seven treaties entered into with the United States Government during the 1800’s, the Tribe witnessed its land base erode to little more than 235,000 acres today. The Tribe experienced further setbacks in the 1950’s with the U.S. Congress’ passage of the Menominee Termination Act, which removed federal recognition over the Tribe and threatened to deprive Menominee people of their cultural identity. Fortunately, the Tribe won back its federal recognition in 1973 through a long and difficult grassroots movement that culminated with the passage of the Menominee Restoration Act, Public Law 93-197, on December 22, 1973. Read more here: http://www.menominee-nsn.gov/MITW/aboutUs.aspx

Cherokee father keeps his baby after #Adoption custody dispute

Split South Carolina SCT Complies with ICWA and Affirms Return of Child to Cherokee Father by Matthew L.M. Fletcher

Here is the opinion:

Adoptive Couple v Cherokee Nation

An excerpt:

We do not take lightly the grave interests at stake in this case. However, we are constrained by the law and convinced by the facts that the transfer of custody to Father was required under the law. Adoptive Couple are ideal parents who have exhibited the ability to provide a loving family environment for Baby Girl. Thus, it is with a heavy heart that we affirm the family court order. Because this case involves an Indian child, the ICWA applies and confers conclusive custodial preference to the Indian parent. All of the rest of our determinations flow from this reality. While we have the highest respect for the deeply felt opinions expressed by the dissent, we simply see this case as one in which the dictates of federal Indian law supersede state law where the adoption and custody of an Indian child is at issue. Father did not consent to Baby Girl's adoption, and we cannot say beyond a reasonable doubt that custody by him would result in serious emotional or physical harm to Baby Girl. Thus, under the federal standard we cannot terminate Father's parental rights. For these reasons, we affirm the family court's denial of the adoption decree and transfer of custody to Father.

Adoptee Rights Day in Chicago August 6th

FOR IMMEDIATE RELEASE

National Adoptee Rights Group Travels To Illinois to Free Original Birth Certificates
American Adoptees Denied Civil Rights to Birth Certificate

Due to archaic laws that are a legacy of cultural shame stigmatizing infertility, sex, unwed mothers, and adoption, over 90% of all American adoptees will face a life of discrimination unless current laws are changed.

Wanting their civil rights restored, the Adoptee Rights Coalition; http://www.adopteerightscoalition.com; adopted persons, their families and friends will be gathering in Chicago, Illinois, during the National Conference of State Legislators’ annual summit. The 5th annual demonstration for the equal rights of adopted persons in the United States includes a public rally and march.

Less Than 5% of American Adoptees Have Free Adoption Records
In the United States, only six states (Alabama, Alaska, Kansas, Maine, New Hampshire and Oregon) allow adopted persons unrestricted access to their original birth certificates upon the age of 18. While other states have made some progress, there are still 44 American states not allowing an adopted persons to be treated the same as a non adopted person, and in most states, they are still completely denied access to their own records for life. All adoptees not living in an open records state, whether in an open or closed adoption, will find that their original birth certificate will forever be sealed away under current legislation.

The participants of the Adoptee Rights Demonstration believe that all people in the United States should be treated equally; not based the state of residence or the circumstances of their birth. To do otherwise is discrimination. Adoptee Rights volunteers help educate state representatives about the need to introduce legislation that will allow adopted persons in the United States equal access to their original birth certificates.

Marching to Restore The Civil Rights of Adoptees
On August 6, 2012, at 10 am, The Adoptee Rights Demonstration will march at the National Conference of State Legislatures’ annual summit, being held at the at the McCormick Place Convention Center Chicago, 2301 South Lake Shore Drive.

Members and volunteers of the Adoptee Rights Coalition will also be exhibiting at the NCSL Legislative Summit. Adult adoptees from around the world will be joined by the parents who relinquished them, their adoptive parents who raised them, plus various family and supporters asking for one simple act; change the laws so they can be treated equally.

Many Reps Are Clueless Regarding State Discrimination Laws
When asked about the current adoption laws in their own state, many state legislators will find that the Adoptee Rights Volunteers know much more about the laws then they do.

"We have found that much of the general public, including many elected officials, are woefully unaware of the legal discrimination sanctioned in this country. Even adoptive parents and birthmothers/fathers have no idea that the laws are still decades old. If every caring adoptive parent knew that they were raising a child to be discriminated against, then they would be marching with us in Chicago," states Jeff Hancock, adoptee and demonstration organizer.

There is no legislation or any adoption contract that states why an adopted person is not entitled to his or her own birth certificate. Most of the laws were created to "protect" the infant from the stigma of bastardization, but those provisions are no longer needed, nor wanted by most parties involved. Those who would continue to deny adult adoptees access to their original birth certificates base their erroneous beliefs on information that is not supported by historical nor statistical facts garnered from both US and international states with open records legislation in place.

Adoptee Rights legislation is pending in various states including New Jersey, Missouri, New York, and Pennsylvania.

To learn more about the Adoptee Rights Demonstration, adoption legislation, and what you can do to support adoptee rights, contact The Adoptee Rights Coalition at:

ARC@Adopteerightscoalition.com
http://adopteerighscoalition.com

Find us on Facebook http://www.facebook.com/AdopteeRightsCoalition and on Twitter @AdopteeRightsCo for legislative updates and community all year.


Many of you who cannot attend The 2012 Adoptee Rights Demonstration have asked what you can do to help. We want you to contact your local media outlets- newspapers, TV/Radio stations or any on-line publications your community may have. Just copy and paste our press prelease and send it- by letter, email, via tweet/bog- whatever outlet your local media has. Those of you will will be joining us in Chicago should send out this release, too. It makes it even more personal!

Thank you for all of your help this year - Chicago will be be our largest demonstration in our history! Our voices are being heard, and changes are happening!

THIS MOVEMENT IS WORKING! ...xoxox...Trace

Full compliance with Indian Child Welfare Act, not its dismantling, is needed | NewsOK.com

Full compliance with Indian Child Welfare Act, not its dismantling, is needed | NewsOK.com

Archival Photo

"Those who are quick to call for ICWA's undoing should consider the pleas of the approximately 2,000 American Indian parents who contact our organization each year, as well as desperate family members who feel powerless to stop the unwarranted removal of a child. No family should go through the pain of an unnecessary removal, not a birth family or a prospective adoptive family.

"A failure to comply with the law led to Baby Veronica's original placement outside of her family and the tragic custody battle that ensued. What's needed is full compliance with the law, not its dismantling."

Terry Cross is executive director of the National Indian Child Welfare Association.


Read more: http://newsok.com/full-compliance-with-indian-child-welfare-act-not-its-dismantling-is-needed/article/3693790#ixzz21e1Hdvma

Adoption headlines

Moscow Urges US to Provide Access to Adoptees' Ranch | World ... Moscow is calling on Washington to give Russian representatives unhindered access to The Ranch for Kids, a Montana respite care home that looks after ... en.rian.ru/world/20120720/174696737.html

National Adoption Month 2012: Adoptees Up Against Backward ... While honesty and equality is the best policy for adoption law and practice New York has an outdated and unfair law discriminating against adult adoptees who ... unsealedinitiative.blogspot.com/.../adoptees-up-against-backw... We will be posting more in the coming days... Trace