Today’s guest blogger is Claire Hammer.
The Need for Representative Care for Indian Children in the Child Welfare System
In the 2013 New York Times Article, Focus on Preserving Heritage Can Limit Foster Care for Indians, journalist Dan Frosch examines the Indian Child Welfare Act and how it continues to have a controversial effect, nearly 40 years after its enactment. The Indian Child Welfare Act (ICWA) was passed in 1978 in part as a response to the systematic removal of Indian children from their families and tribes for more than 100 years (Bosworth, 2011). Part of ICWA legislation dictates that tribes be notified when a potential or verified member of its tribe has child welfare involvement or is being placed for adoption; the tribe has the right to actively participate in decisions concerning the Indian child (NICWA, 2015).
Too many Indian children are in the child welfare system, something that all can agree on. But this article implies that ICWA leads to more Indian children waiting to enter foster homes or be placed with kin, which is not the whole truth. ICWA, although it requires extra effort to find a kin, tribe, or Indian placement, it does not cause the increase in Indian children’s representation in the child welfare system. ICWA provides a voice to tribes, so that they may play a part in deciding what is in the child’s best interest. It limits options for Indian children only in that it requires an exhaustive search for kin or tribal relationship. This exhaustive search is often referred to as the “gold standard” in placement work. Kin and/or tribal placement is the cornerstone of identity for a child; without such a cornerstone, children grow up missing a piece of their identity as a person and as an Indian.
The most poignant part of the article is small and neglected, but its message needs to be heard- there are too many Indian children in the child welfare system and there are not enough Indian parents to care for them. Two percent of children in Minnesota are Indian, yet they represent 15 percent of the child welfare population. In Montana, Indian children represent 9 percent of the population, and 37 percent of the child welfare system. Indian children are being removed at alarmingly disproportionate rates, and once removed, there are few Indian adults that can offer consistent care that keeps them connected with their tribe. A push for Indian foster and adoptive parents needs to be made in every state, to more fully follow the ICWA requirement that “active efforts” are made to keep children within the tribe and family. In one specific county in New Mexico, 65 Indian children are in foster care, but there are only 5 Indian foster homes. American Indians face disparities in many systems as a result of the colonization, removal from their land, and the taking of their children. Increasing the number of Indian foster homes is greatly needed, so that the children that benefit from these homes can become leaders of their tribes and create lasting change for themselves and their people.
References
Bosworth, Dee Ann “American Indian Boarding Schools: An Exploration of Global, Ethnic & Cultural Cleansing”. www.sagchip.org. 2011, Mount Pleasant, Michigan: The Ziibiwing Center of Anishinabe Culture & Lifeways. http://www.sagchip.org/ziibiwing/planyourvisit/pdf/aibscurrguide.pdf
Frosch, D. (2013, January 26). Focus on Preserving Heritage Can Limit Foster Care for Indians. Retrieved February 27, 2015, from http://www.nytimes.com/2013/01/27/us/focus-on-heritage-hinders-foster-care-for-indians.html?pagewanted=all&_r=0
NICWA, Frequently Asked Questions, Retrieved 3/3/2015. http://www.nicwa.org/Indian_Child_Welfare_Act/faq/