Marie
From: "Mark Fiddler" <icwalaw@tc.umn.edu>
Date: Thu, 2 May 96 00:34:56 -0500
ICWA UNDER ATTACK--LETTERS NEEDED NOW!!
The following bill was introduced in the House on April 23, 1996, and as
we understand will be brought to the floor of the House for a vote on May
8 with absolutely no hearings or tribal input. We urge that concerned
person contact their Representatives immediately and urge them to vote
this bill down with the ICWA language in it (the bill is otherwise okay
without the ICWA language as it provides a tax credit for certain adoption
expenses, IMHO):
H.R.3286
Adoption Promotion and Stability Act of 1996 (Introduced in the House)
TITLE III--CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN
CHILD WELFARE ACT OF 1978
SEC. 301. INAPPLICABILITY OF THE INDIAN CHILD WELFARE ACT OF 1978 TO CHILD
CUSTODY PROCEEDINGS INVOLVING A CHILD WHOSE PARENTS DO NOT MAINTAIN
AFFILIATION WITH THEIR INDIAN TRIBE.
Title I of the Indian Child Welfare Act (25 U.S.C. 1911 et seq.) is
amended by adding at the end the following:
`SEC. 114. (a) This title does not apply to any child custody
proceeding involving a child who does not reside or is not
domiciled within a reservation unless--
`(1) at least one of the child's biological parents is of
Indian descent; and
`(2) at least one of the child's biological parents
maintains significant social, cultural, or political affiliation
with the Indian tribe of which either parent is a member.
`(b) The factual determination as to whether a biological parent
maintains significant social, cultural, or political affiliation
with the Indian tribe of which either parent is a member shall
be based on such affiliation as of the time of the child custody
proceeding.
`(c) The determination that this title does not apply pursuant to
subsection (a) is final, and, thereafter, this title shall not be
the basis for determining jurisdiction over any child custody
proceeding involving the child.'.
SEC. 302. MEMBERSHIP AND CHILD CUSTODY PROCEEDINGS.
Title I of the Indian Child Welfare Act (25 U.S.C. 1911 et seq.),
as amended by section 301 of this title, is further amended by
adding at the end the following:
`SEC. 115. (a) A person who attains the age of 18 years before
becoming a member of an Indian tribe may become a member of an
Indian tribe only upon the person's written consent.
`(b) For the purposes of any child custody proceeding involving an
Indian child, membership in an Indian tribe shall be effective from
the actual date of admission to membership in the Indian tribe and
shall not be given retroactive effect.'.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
the enactment of this Act and shall apply with respect to any child
custody proceeding in which a final decree has not been entered as
of such date.
########################################
On April 25, 1996, the Honorable Rep. Pryce uttered the following remarks
on the House floor:
(Ms. PRYCE asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. PRYCE. Mr. Speaker, I rise today with just one illustration of the
absolute tragedy and heartbreak being experienced right now by countless
children and their families due to the misapplication of the Indian Child
Welfare Act, or ICWA .
A couple from my district in Columbus, OH, adopted twin girls. Both
biological parents consented and even chose this family that they wanted
the girls to be placed with. After 6 months, as they went on to finalize
the adoption, they found out that it was being contested under ICWA,
which gives the tribe the final say in custody proceedings involving
Indian children.
Although only one of the twins great-great-great-grandparents was native
American, a judge in California ruled that that was enough to trigger ICWA.
These stories are commonplace and have to end. As a result of this
misapplication of the law, two little girls almost 3 years old now still
await the permanence and stability of the only family they have ever
known, and they fear what fate might await them at the hands of the court.
Mr. Speaker, I urge my colleagues to support the Adoption Stability Act of
1996.
######################
The above is simply false. Tribes do not have the final say in voluntary
adoption proceedings (how could they since they do not have the right to
intervene or receive notice of adoption proceedings under ICWA). Her amendment
would do untold damage to Indian children, families, and tribes as it would
apply to not just adoption proceedings, but foster care proceedings as well.
Mark D. Fiddler
Executive Director
Indian Child Welfare Law Center
612-879-9165 (voice)
612-879-0323 (fax)
In Lak'ech Yelir,
Marie Fouche - fouche@rmii.com
http://rainbow.rmii.com/~fouche. If that doesn't work, please try
http://www.rmii.com/~fouche - The Lost Bird Page discusses the contentious
issue of American Indian adoptions.