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A thesis on Indian Child Welfare Act
A thesis on Indian Child Welfare Act
The main impetus for the indian child welfare act was
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Running head: ANALYSIS OF THE DOING WHAT'S BEST FOR THE TRIBE 1 Analysis of the Doing What's Best for the Tribe Name institution Date Analysis of the Doing What's Best for the Tribe "Doing What's Best for the Tribe" is an article written by Marcia Zug about a young girl whose life was destroyed by those who overlooked the laws and procedure place by the systems in matters of adoption of native children. The full author names is Marcia A. Yablon-Zug , a professor of law. She has published many articles covering American Indian Law, Immigration Law and Policy and family law. Her work focuses on the intersection of immigration law and family law. On this article, she makes it clear …show more content…
She writes the path at which the Capobiancos were willing to take to get the baby back. The couples when ahead and share their pictures with smiling toddler on national media like CNN and papers like Weekly Standard for the articles be printed, only to gunner national supports. She also dissects the idea how the articles were rebuking the law Indian Child Welfare Act (ICWA) which superseded the South Carolina law that supports the termination of one's parental rights due to lack of involvement and financial support before and after the child's …show more content…
Holyfield case to argue that ICWA law was meant to protect the tribesmen and their interest as a society at large, not as an individual. In this context, Holyfield tries to adopt the unborn twins of a Choctaw mother who lived in a reservation by moving her out o to give birth so that the adoption could not be implicated by ICWA law. This idea fails despite the mother's many efforts to avoid tribal jurisdiction and have the final say in her children's adoptive placement. The court however held that the foster decision remains in the hands of the tribe and when further to expound that tribe's right to its children and an American Indian child's right to grow up American Indian outweighed individual tribal members' rights to place their children for adoption outside the
In the words of Ross, her focus and goal for writing this book was to write “…about the racialized and gendered experiences of incarceration, with a focus on Native American women and the loss of sovereignty as it is implicitly tied to Native criminality…” because there was little information on this subject. This means that Ross studied wo...
The issue of identity also emerged in her commentary on how many Native American women are forced to prove their ethnicity for equality in health care and school: “For urban Indian women, who are not registered in federal government records, social services and benefits are difficult or almost impossible to obtain” (page 222). This governmental requirement for people to prove themselves as being “indian enough” can be damaging to one’s sense of self, and is proof of ongoing colonialism because the oppressors are determining whether one’s identity is legitimate.
Each year, there are thousands of children that are misplaced from their families and are seeking a permanent living placement. Their permanent placement may be found with family members or friends, or even through a private adoption. There are federal laws and state mandates that are implemented to ensure that the best interests of all children involved in an adoption or placement proceedings are heard. The best interests and needs of a child may include educational needs, medical needs, housing/placement preferences, or finding a family that reflects the ethnic and cultural heritage of the child in question. One federal mandate ensures that the heritage and familial background of children is protected and the best interests of the children are served. The Indian Child Welfare Act (ICWA) of 1978 is a federal law that seeks to keep Indian-American children with Indian-American families. This law was created in response to an overwhelming population of Indian-American children being displaced from their families. This law was created to protect youth and help keep Indian-American children with their native tribes. In this paper, we explore the historical factors leading to the implementation of the Indian Child Welfare Act and the purpose of this Act. Further, we explore the development of this law, implementation of this federal law, and the contemporary debates that relate to the implementation of this law.
Lakota Woman Essay In Lakota Woman, Mary Crow Dog argues that in the 1970’s, the American Indian Movement used protests and militancy to improve their visibility in mainstream Anglo American society in an effort to secure sovereignty for all "full blood" American Indians in spite of generational gender, power, and financial conflicts on the reservations. When reading this book, one can see that this is indeed the case. The struggles these people underwent in their daily lives on the reservation eventually became too much, and the American Indian Movement was born. AIM, as we will see through several examples, made their case known to the people of the United States, and militancy ultimately became necessary in order to do so.
Large numbers of Indian children were being separated from their families and their tribes. These children were unfairly placed into non-Indian homes; through the process of state adoption. Parental rights termination was also taken into effect. Child Welfare Act of 1978 (ICWA) gave tribal courts exclusive jurisdiction over custody proceedings involving and Indian child who lives in a tribes’ reservation. This case involved twin illegitimate babies. The parents of the babies were enrolled members of appellant Tribe. The twins were adopted, and given to a non-Indian family 200 miles away from the reservation. In the court’s findings, the parents had never been physically present; therefore the children were voluntarily surrendered by their parents.
More than 125,000 Native Americans were living in the southeastern United States in the 1830s but that number would soon decrease. Prior to the 1830s, the Native Americans from the Five Civilized Tribes lived in Georgia, Tennessee, Alabama, North Carolina, and Florida. This area was the land of their
Our Indian legislation generally rests on the principle, that the aborigines are to be kept in a condition of tutelage and treated as wards or children of the State. …the true interests of the aborigines and of the State alike require...
In “It Takes a Tribe” by David Berreby, he claims that humans are born with the urge to belong, and our experiences in life subconsciously shape who we are, placing us in groups. Berreby first provides examples of stereotyping and states how judging groups is a serious problem today, comparing it to prejudice and racism (par. 1-2). He moves forward to discuss how easily humans adapt to their surroundings and how this causes us to be placed inside these “exclusive” groups (par. 4-5). Berreby uses “college loyalty” and “school spirit” as examples of this, showing that colleges are the perfect place to study this behavior as they are strong comparisons to this behavior in the rest of the world (par. 8-9). Berreby also shares that “us” vs. “them”
3). Witnessing the poor living conditions of the fellow Native Americans, Susie Yellowtail decided to change the existing healthcare situation and to help improve the living conditions on the reservation (American Society of Registered Nurses, 2007, para. 2). Yellowtail joined state health advisory boards and became well-known as an advocate for the Native American Indians (American Society of Registered Nurses, 2007, para. 4). During 1930 to 1960, Yellowtail traveled throughout the United States to visit reservations, and the investigations revealed extensive injustice for Native Americans (American Society of Registered Nurses, 2007, para. 3). Besides poor education and employment opportunities, Yellowtail also documented the death of some babies, because the babies could not receive health care in time as the Native American women had to walk several miles to the next hospitals (Voda, 2012, p. 3). Consequently, Susie Walking Bear Yellowtail “advocated for social services, better educational opportunities and healthcare on reservations” (Voda, 2012, p. 3). Additionally, Susie Yellowtail
David Maybury Lewis (1992) wonders if we, as Americans, by having systematically chosen to dismiss as 'odd', 'weird', and not the 'right' way to live; in our views of foreign tribal cultures, have been hoisted by our own petard. By using his definition of a tribal society (for which there really is no one single way of life): "small-scale, pre-industrial societies that live in comparative isolation and manage their affairs without central authority such as the state", (p 6) he questions whether cultural roads industrialized "modern" societies have chosen have caused the serious social problems we suffer today. We are the modernists, defined by myself as the opposite of tribal/traditional society.
The Great American Orphan Abduction is a compelling story that exploits economic, religious, racial, and gender issues in the early 20th century. It follows the story of forty Irish-Catholic orphans from New York being adopted by Mexicans in a small Arizona mining town. These children were considered ulcers to society in the city and were mostly children whose parents were too poor to care for them. The Foundling had visions of a better future for the children out in Arizona. Orphan trains transported the children West and were facilitated by their Catholic nun caretakers. Both racial and gender factors led to posses kidnapping the children from their new homes. The Anglo townspeople did not like the idea of white children being placed in non-white homes. The Arizona Territorial Supreme Court ruled in favor of the Anglos in the trial that followed. Their reasoning was that allowing white children to be adopted by Mexicans was equal to child abuse. Gordon’s analysis shows that women were not as passive in public affairs as some would assume. Mexican women adopted the children, and Anglo women had a hand in the kidnapping and mob activity. Gordon spotlights lessons showing that women had a role in separating racial boundaries. The tragedy of the
In Joshua Greene’s novel Moral Tribes: Emotion, Reason, and the Gap Between Us and Them, the author deploys utilitarian theory in an attempt to maximize efficient communication between individuals and groups. Greene explores the fundamental causes of disagreement and proposes tools to overcome them and to progress.
Each year, there are thousands of children that are misplaced from their families and are seeking a permanent living placement. Their permanent placement may be found with family members or friends, or even through a private adoption. There are federal laws and state mandates that are implemented to ensure that the best interests of all children involved in an adoption or placement proceedings are heard. The best interests and needs of a child may include educational needs, medical needs, housing/placement preferences, or finding a family that reflects the ethnic and cultural heritage of the child in question. One federal mandate ensures that the heritage and familial background of children is protected and the best interests of the children are served. The Indian Child Welfare Act (ICWA) of 1978 is a federal law that seeks to keep Indian-American children with Indian-American families. This law was created in response to an overwhelming population of Indian-American children being displaced from their families. This law was created to protect youth and help keep Indian-American children with their native tribes. In this paper, we explore the historical factors leading to the implementation of the Indian Child Welfare Act and the purpose of this Act. Further, we explore the development of this law, implementation of this federal law, and the contemporary debates that relate to the implementation of this law.
Her book focuses on the myriads of issues and struggles that Indigenous men and women have faced and will continue to face because of colonialism. During her speech, Palmater addressed the grave effects of the cultural assimilation that permeated in Indigenous communities, particularly the Indian Residential School System and the Indian Act, which has been extensively discussed in both lectures and readings. Such policies were created by European settlers to institutionalize colonialism and maintain the social and cultural hierarchy that established Aboriginals as the inferior group. Palmater also discussed that according to news reports, an Aboriginal baby from Manitoba is taken away every single day by the government and is put in social care (CTVNews.ca Staff, 2015). This echoes Andrea Smith’s argument in “Heteropatriarchy and the Three Pillars of White Supremacy: Rethinking Women of Color Organizing” that colonialism continues to affect Aboriginals through genocide (2006, p. 68). Although such actions by the government are not physical acts of genocide, where 90% of Aboriginal population was annihilated, it is this modern day cultural assimilation that succeeded the Indigenous Residential School System and the Indian Act embodies colonialism and genocide (Larkin, November 4,
The Native American Reservation system was a complete failure. This paper focuses on the topics of relocation, Native American boarding schools, current conditions on today’s reservations, and what effects these have had on the Native American way of life.