When the Indian Child Welfare Act (ICWA) was passed in 1978, the Bureau of Indian Affairs (BIA) drafted guidelines for best practices to accompany the law. In adoption cases, adoption practitioners and attorneys seek to balance those guidelines with each state’s adoption laws and the individual rights of an intending birth parent.
After the Baby Veronica Supreme Court verdict in summer 2013 (see below for related articles) – which left many in the Native American community unhappy – the BIA decided to revisit their ICWA guidelines and released revisions last month.
The American Academy of Adoption Attorneys (AAAA), a national organization of attorneys who specialize in adoption, shared their disappointment in the new guidelines via a press release (view the PDF or excerpt below):
“Several months ago, the Department of Interior through the Bureau of Indian Affairs advised our Academy and other interested child welfare groups that there would be an opportunity to provide comments and feedback to any proposed revisions to the BIA’s federal ICWA guidelines. However, in what appears to be a purposeful effort to bypass input from our Academy, the public, and other child-focused organizations, the BIA recently published amended guidelines and made them effective immediately.
As distinguished professionals in the field of adoption and foster care, we and many other groups who work in the courts and the child welfare system are appalled by this surprise publication. The federal government’s unwillingness to hear from those groups who have been in the field for many years working directly with those families and children who will be negatively impacted by these guidelines is alarming.
As a nonprofit organization comprised of child welfare experts, we are committed to the ethical practice of adoption law. It is our mission to support and advocate for the rights of families and to consider the interest of all parties, especially children. Sadly, there are entire sections of the newly published BIA guidelines that completely disregard the best interest of children.
We are shocked by the process by which these guidelines were promulgated and published, and the blatant failure to provide legal protections for children, especially children who are in the foster care system. For example, cases involving the removal of a child from his or her placement (even if the child will suffer serious harm), the court is directed not to consider attachment or bonding issues. The new guidelines also state that the “best interest of the child” is not a consideration, thus treating them as possessions as opposed to human beings with rights of their own.
As long-time protectors of the best interest of children, the Academy is stunned by the lack of due process in formulating these new guidelines. While the guidelines are only recommendations and do not have the authority of federal enacted law or federal regulations, if these guidelines are given weight by the courts and child welfare agencies, children will most definitely be hurt.
We are committed to ensuring that every child has the best chance for a positive and fair outcome in the judicial system. We urge the Department of Interior to reevaluate how these guidelines were drafted and issued, and allow the Academy and other organizations who work in the field with families and children to be involved in the process.”
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American Adoptions is committed to following ICWA legal procedures in all of our adoptions and provides ongoing training for our staff members via ICWA and adoption experts. Of the adoptions at our agency, only about 5 percent involve a child with Native American heritage. Additionally, each time an adoptive family is presented with an adoption opportunity with a birth mother, they will be briefed on the financial, legal and birth father situation of the adoption, including any details related to ICWA. Please contact us at 1-800-ADOPTION with any questions on this topic.
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Related Posts:
- The Indian Child Welfare Act (ICWA) and Adoption
- ICWA Adoption Case Making News at the Supreme Court
- Ruling on ICWA Adoption Case
- State Court Ruling on ICWA Adoption Case
- Revised Guidelines for State Courts and Agencies in Indian Child Custody Proceedings (PDF)
- BIA Releases New ICWA Guidelines to Protect Native Families and Children (via Indian Country Today Media Network)
- BIA Issues Devastating ‘Anti-Family’ ICWA Rules (via Christian News Wire)
Who protects kids against their own parents when they child is so fearful she say what they want her to say but still wants us to fight for her they agreed with us in family court that we raised their child but now we try for guardianship after hearing her tell us the way she’s being treated they put her in diapers because she was tramatized from the way the dad ripped her from our home she was out growing a 12 and went down to wearing a 7 in a month the dad worked at nights came home 1or 2 in the morning I assume she did something he did not like and he spanked her in the middle of the night our grandaughter said she did nothing she told us he snapped her with a towel to make her hurry in the morning he’s pulled her hair the dads girlfriend punches her in the leg just above the knee she showed me an my knee and it hurt she came to visit last month and their where hairs sticking up I said did you cut your hair she said no it’s from Ana the dads girlfriend ripping the knots out of her hair when I brushed her hair she said you see how you hold my head ana doesn’t do that I see so much and have been reaching out but no one will help my husband doesn’t want to put any more money out he is saying just wait till she can tell the court where she wants to live but she just turned 9 I can not just give up when they had diapers on her we met the dad at urgent care I asked him why Hasidic I don’t know she says her butt hurts I said ok we went when he told us to he wasn’t there I called him he said I’m on my way when he showed up he was carrying her and sat her down by us and she made thissound you can tell she was in pain they called us in she wanted me to go in to her dad said it was ok so I went in and when the doctor wanted to see her bottom she screamed and put up a fight and when they got the diaper off I could not believe what I seen her bottom was so red even the doctor said this is a diaper rash you have to stop putting these on her it needs air the doctor asked is their abuse? Her dads face turned red and he said no they did some tests and blood work and besides the rash she was ok I am not sure why the doctor did not call cps but he didn’t later that night she told us her dad makes her sit in a soiled diaper when she has an accident he said maybe you will learn we took her to the police department and an officer spoke to her after that he told us he’s calling cps and to keep her safe we did but only for a few days the police called me and said nothing is proven we have to give her back this broke my heart we could not even protect her from a person who is suppose to love her but treats her so badly her mom is my daughter we spoiled her too much I believe she tells everyone we are bad parents and me and my husband fight but me and my husband have been together since 1983 he’s my best friend and our daughter signed over custody out of spite knowing her daughter did not even want to visit her dad we don’t know what we did to our daughter but she no longer speaks to us we raised our granddaughter from 1 month old when our daughter called us and said the dad was hitting her so we moved them here with us we told our daughter we will help you but you need to work or go to school she moved out several times with several different boys but she’s married now with a baby boy but they live with his parents and only have a room I have more to say but I think you got most of it we are registered as Cherokee can anyone please help thank you
Hi, Laura-
If you’re worried about the safety of your grandchildren, please contact the police or CPS immediately. While we’re unable to assist with foster care or respite services, you can always call us at 1-800-ADOPTION to talk to our specialists about your situation. They may be able to help you find legal advice or resources that can help.