It sounds like the aboriginal community is just as corrupt as some of the native american tribunals. Lots of kids fall through the cracks thanks to the Indian Child Welfare Act. There is an absolutely absurd case going on in a small indian tribe in OR regarding a half indian/half white child that was conceived by an Indian man through a rape, the Indian judge and the father, and grandfather (all indian) are in jail, yet the ICWA says the tribe has jurisdiction and has the right to grant physical custody to the Indian grandfather, even though the child lives with Mom. There are no attorney's in the area that can help this mother since its in an isolated area and the very few attorney's familiar with tribal law have been run out of the area by crime and vandalism.
Not to change the subject but these minority communities that fall under a whole different jurisdiction, often get left in the dark and the kids lose in the end.
NOCGIRL - this act was conceived the serve a distinct purpose. I have had personal experience with this court system.
I would say that almost any law can be made to be corrupt or can be twisted to be used in a corrupt way. I do not know the case you are talking about in the media, and haven't seen any coverage, so I know nothing about it besides what you have posted. Do you have links? Please do not say that because it is
related" to an ethnic group that an entire ethnic group is "corrupt." that is a racist statement. i don't feel that myself or my people are corrupt. :behindbar Thank you.
Recognizing the special relationship between the United States and the Indian tribes and their members and the Federal responsibility to Indian people, the Congress finds—
(1) that clause 3, section
8, article I of the United States Constitution provides that “The Congress shall have Power * * * To regulate Commerce * * * with Indian tribes
[1]” and, through this and other constitutional authority, Congress has plenary power over Indian affairs;
(2) that Congress, through statutes, treaties, and the general course of dealing with Indian tribes, has assumed the responsibility for the protection and preservation of Indian tribes and their resources;
(3) that there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children and that the United States has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian tribe;
(4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and
(5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families.
More at the link re: the laws on the act.
http://www.law.cornell.edu/uscode/html/uscode25/usc_sec_25_00001901----000-.html
Basically, native children were being removed at a VERY high rate compared to the general population. Part of this could be culutural differences. For instance, my tribe is completely and totally "americanized". heck, my little one has blonde hair and blue eyes - and actually, due to her fathers heritage, she is actually more native than I am. However, there are some tribes who live on reservations and are still somewhat isolated. And they can be weary of outsiders. I do not think that this is the norm, but I am going to post it as an example. I used to be in Americorps. Domestic peace corps. When I was doing that, I worked with a girl who was doing her time on a reservation in, I believe, NM. She was my roommate when we had to go and do grant writing seminars, ect. If I remember correctly, she was basically staying in a building with a dirt floor. I don't remember if she had running water or not. But it had a dirt floor. If that was the cultural norm in that community - I don't know if it was or not... would someone have ran in there and scooped up those children? Heck, I'm native. I might have. But that is an example.
Also, when children are taken away.... there CAN be abuses, just like there are in the gen population... they were put in homes that didn't respect their cultures. That isn't right either.
