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View Diary: Indian Child Removal: Racism, "Perverse Financial Incentives," and Willful Violation of the ICWA (156 comments)

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  •  A lot of them do, and it still doesn't matter. (14+ / 0-)

    IMO, what you have here is a rogue state that has decided that it's going to do what it damn well pleases.  But regardless, violations of ICWA are actually fairly common.  Most courts and judges frankly have nor understanding of (and care even less about) tribal law, much less tribal jurisdiction.  For a lot of them, they almost never deal with it; a lot of those that do shouldn't be.

    I can tell you unequivocally that kinship placements are, on the whole, far and way the best solution for Indian kids.  The dynamics are different from what you find in the white world, and the needs are VASTLY different in certain respects.  

    I can also tell you that on a lot of these rezes, you're dealing with financial and logistical constraints that the white world frankly can't even begin to imagine, much less comprehend.  What do you do when your child is forced to go to school on non-tribal land, and they're stolen from the school?  When it's 200 miles to the town where the court is, and your $3750 annual income won't cover gas money?  It's really basic, fundamental stuff that most people can't even conceive - and the state and its preferred private actors know that and exploit it.

    In the end, what is going on here is nothing more nor less than an attempt to usurp the tribes' own roles, to strip them of sovereignty, and ultimately, to dilute the children's cultural and family ties.  It is indeed about forced assimilation, all over again.  Again:  What applies in dominant-culture child welfare situations is a whole different thing from what we're talking about here.  

    Authentic Native American silverwork, jewelry, photography, and other art here.

    by Aji on Sat Feb 02, 2013 at 12:43:59 PM PST

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