Cherokee Nation citizen Dusten Brown plays with his daughter Veronica with two unidentified children, far left and far right, in this undated photo. Brown returned to Oklahoma from Army training in Iowa to attend a CN District Court custody hearing regarding his daughter Veronica. COURTESY PHOTO

Dusten Brown returning to Oklahoma

BY ASSOCIATED PRESS
08/12/2013 08:36 AM
DES MOINES, Iowa (AP) – The father of a Cherokee Indian girl mired in an adoption dispute was allowed to leave an Iowa National Guard base and return to Oklahoma, an Iowa Guard spokesman said on Aug. 11.

Oklahoma National Guard spokesman Col. Max Moss said Dusten Brown was cleared on Aug. 10 to return to the Oklahoma National Guard.

Brown, a Cherokee Nation citizen, is charged with custodial interference involving his 3-year-old daughter, Veronica. A South Carolina couple has been trying to adopt Veronica since her birth in 2009. They raised her for two years.

Moss said Brown asked for permission to leave training in Iowa to return to Oklahoma so he could attend a hearing in the guardianship case.

The issue has been clouded by the Indian Child Welfare Act, which prompted a court in 2011 to favor the girl living with her father. But in June, the U.S. Supreme Court ruled that South Carolina courts should decide who gets to adopt Veronica.

The girl’s biological mother, Chrissy Maldonado, is not Indian and supports the adoption. She has filed a lawsuit against the federal government claiming the Indian Child Welfare Act is unconstitutional.

More recently, a South Carolina judge finalized the couple’s adoption and approved a plan to reintroduce Veronica to the couple, Matt and Melanie Capobianco. Brown didn’t show up for the first scheduled gathering Aug. 4, prompting the charge.

Brown was attending a military training school at Camp Dodge, a National Guard base in the Des Moines suburb of Johnston. Iowa National Guard spokesman Col. Greg Hapgood said Brown had been living in barracks at the camp, as is typical for people receiving training.

Brown and others had been given a two-day pass to leave the camp this past weekend. He was supposed to report back on Aug. 11, but that changed when the Oklahoma National Guard freed him from his training orders on Aug. 10 and required he return to Oklahoma, officials said.

The Capobiancos on Aug. 12 called on the Federal Bureau of Investigation to help them bring the 3-year-old named Veronica to live with them. Matt Capobianco said he would go to Oklahoma himself to retrieve Veronica if that request is denied.

Several American Indian groups are also pursuing a federal civil rights case, saying a hearing should be held to determine if it is in Veronica’s best interest to be transferred to South Carolina.

Cherokee Nation spokeswoman Amanda Clinton has called the move to charge Brown “morally reprehensible” and “legally questionable.”

Clinton noted in a written statement that the case hasn’t been fully litigated and condemned the charge when there is legal action pending in South Carolina, Oklahoma and Cherokee Nation courts.

The Cherokee Nation District Court had scheduled a closed hearing for the case at 9 a.m. on Aug. 12 in Tahlequah, Okla.

The attorneys for Veronica’s adoptive parents and her birth mother argued in a joint statement on Aug. 11 that not only is Brown committing a felony, but anyone who hides the child from law enforcement or stands in the way of the court order to turn her over – including the Cherokee Nation – also should be considered lawbreakers.

“It seems the lesson here is that Matt and Melanie Capobianco should have refused to turn Veronica over 19 months ago, and denounced it as outrageous that they were being forced to comply with a court order when they still had the entire appeals process before them. They did not do that, because they understood that they would be fugitives from justice if they resorted to ignoring the rule of law,” the statement said.

The statement said the charge filed against Brown isn’t surprising: “It is absolutely necessary to ensure that the rule of law is followed and a little girl is returned to her parents.”

News

BY STAFF REPORTS
03/27/2015 10:00 AM
WASHINGTON – On March 25, Principal Chief Bill John Baker delivered testimony before the U.S. House Interior Appropriations Subcommittee in Washington, D.C. Baker addressed the necessity for increased Indian Health Service funding and the significance of contract support costs. “Cherokee Nation and other tribes have successfully litigated three cases before the U.S. Supreme Court. These cases established the federal government is legally obligated to fully fund BIA and IHS contract support costs,” Baker said. “Last year, we negotiated a $29.5 million settlement with IHS to collect nearly a decade’s worth of underpaid contract support costs. Unlike the IHS claims, resolution to BIA’s case has been slow. We request that the Subcommittee encourage BIA to work harder to reach a settlement with tribes. We also request that the Subcommittee support the president’s fiscal year 2016 proposal to fully fund IHS and BIA contract support costs.” Baker also discussed the CN’s commitment to invest its own $100 million for new and improved health facilities, but said IHS needs to pay its share for staffing doctors and nurses. “We have invested more than $100 million from our casino profits to build, expand and renovate our health care facilities. We are the largest tribal health provider, seeing more than 1 million patient visits in 2014. Last year, I testified before this Subcommittee and requested the IHS Joint Venture Construction Program be reopened,” he said. “We are deeply grateful to Rep. Cole, Ranking Member McCollum, and members of the Subcommittee for your efforts that resulted in IHS reopening the program in fiscal year 2014. Cherokee Nation was selected as a Joint Venture project, and the tribe will fund construction of a new health care facility. We request that the Subcommittee ensure IHS meets its obligation by funding the staffing and operations for our Joint Venture facility.” Rep. Chris Stewart (R-Utah) chaired the hearing. He was joined by ranking members Betty McCollum (D-Minn.), Rep. Tom Cole (R-Okla.) and Rep. Derek Kilmer (D-Wash.).
BY STAFF REPORTS
03/26/2015 04:00 PM
TAHLEQUAH, Okla. – To help with staffing, travel and community members in need, the Cherokee Nation donated $30,000 to Friends of the Murrell Home, War Pony Community Outreach and the CN Color Guard. Friends of the Murrell Home support and promote the Murrell Home Historic Site in Park Hill. The Murrell Home was built following the Trail of Tears for then CN Chief John Ross’ niece, Minerva Ross Murrell. The group uses donations to help cover museum staffing. “Without this donation from the Cherokee Nation, a Cherokee citizen who works for us in the Living History Program would be out of a job,” said Murrell Home Site Manager David Fowler. “Because of that, we’re very appreciative of the help the tribe provides.” War Pony Community Outreach is a nonprofit organization in Cherokee County dedicated to helping people across the tribe’s 14-county jurisdiction with living expenses. The group plans to use the donation to buy beds, washers, stoves and other household appliances. “Whatever a community member that qualifies needs, we help provide it,” said Raymond Vann, who works with the outreach. Making appearances at public events, funerals or other venues across the country, veterans who act as cultural ambassadors for the tribe make up the CN Color Guard of Native American. The Color Guard will use the donation for travel expenses.
BY WILL CHAVEZ
Senior Reporter
03/25/2015 02:00 PM
WELLING, Okla. – A non-Cherokee couple that recently tried to partake in a new master-apprentice Cherokee language course offered by the tribe’s Cultural and Community Outreach is saying they were asked to leave the course after three sessions. Doug and Judy Cotter of Welling tried to participate in the program in February after receiving a call from a participant. Doug said the pilot program pays three Cherokee speakers to interact with four students, so he said there was plenty of room in the classroom for him and his wife. “I received a call from one of the participants that knew we were interested in the Master-Apprentice Program. They stated they would like for us to come sit in just as another example of people that could learn the language because he knew we had been studying it several years over here at NSU (Northeastern State University),” Doug said. “We were tickled to death and jumped at the chance.” However, after three sessions, Doug said CCO Director Rob Daugherty called them into his office and told them they could no longer attend classes. Doug added that he and Judy never got a straight answer as to why they couldn’t attend anymore. “He (Daugherty) said ‘when my students start complaining I have to do something. This is for people who are being paid to be here. It’s for participants only, and you guys just can’t be here,’” Doug said. He said he could not imagine that he and his wife somehow disrupted the classes they attended because mainly they just sat and listened to the Cherokee speakers. The program aims to teach Cherokee Nation citizens to become second-language Cherokee speakers so that they can go into their respective communities and teach others in an effort to revitalize the language, Daugherty said. Citizens will meet eight hours per day on weekdays through this fall, according to the program. “It’s a very demanding schedule,” Daugherty said. “As CCO’s director, when it was brought to my attention by other participants that Mr. and Mrs. Cotter were attending classes regularly and not merely observing, nor were they Cherokee Nation citizens, or a member of any federally-recognized tribe that I know of, I simply explained to the couple that our program is for Cherokee Nation citizens, and we simply did not have the space, nor funding to allow them to be participants.” Daugherty said the class is taught in a small office space and participants are paid stipends. Occasionally there are visitors who observe a class, and the Cotters were allowed to observe by one of the instructors. Doug said he went in strictly as a volunteer and he and his wife did not expect to get paid. “You have to be a member of the Cherokee Nation to even be considered for payment, so I didn’t expect to get paid,” he said. “I just think it would be a privilege to get to participate.” He said he was even willing to teach the language for two years after completing the program, which is required of all students enrolled in the program. “We welcome sharing our Cherokee language, and there are other online and community Cherokee language courses that are free and open to the public that the Cotters can utilize,” Daugherty said. “Moving forward, in our application for this program, we require participants be Cherokee Nation citizens, apply, be accepted and sign a contract with CCO, in an effort to avoid any public confusion.” Doug said at first he was angry because he was invited to partake in the program and then was told he couldn’t. “I didn’t understand. You’re volunteering, and you’re not causing any problems. Why would they not want someone to learn the language? In my opinion, the more people that learn it, the better. If the language is in dire straits, and we all know it is, the more people that can learn it and share it and spread it and teach it, the better off you’re going to be,” he said.
BY JAMI MURPHY
Reporter
03/25/2015 12:00 PM
TAHLEQUAH, Okla. – The Cherokee Nation’s Election Commission, candidates and representatives of candidates drew for ballot order during a March 24 special meeting after the EC ruled on candidate eligibility a day earlier. Candidates, their respective representatives and volunteers drew from a jar containing numbered chips that determined the order in which candidates would appear on the June 27 general election ballot. This year, 36 candidates are vying for eight Tribal Council seats as well as the principal chief and deputy chief positions. Those elected take office on Aug. 14. For the principal chief seat, candidate Will Fourkiller, a representative in the state House, received the first spot. Deputy Chief S. Joe Crittenden drew the second ballot spot for Principal Chief Bill John Baker. Former CN Community Services Group Leader Charlie Soap drew the third spot, while former Principal Chief Chad Smith will be fourth on the ballot. For the deputy chief seat, Tribal Councilor Lee Keener drew the first spot followed by incumbent S. Joe Crittenden for the second position. Smith, Tribal Councilor Julia Coates’ representative, drew the third spot. Coates has appealed to the tribe’s Supreme Court an EC decision that states she is not eligible to run for the deputy chief seat because she did not meet residency requirements. However, the EC still drew her ballot placement in the chance the court rules in her favor. If the court rules against Coates, her name would be removed from the ballot. For the Dist. 1 Tribal Council seat, a representative drew the first spot for Rex Jordan and candidate Ryan Sierra drew the second spot. For Dist. 3, Brandon Girty got the first spot, which was drawn by his daughter. Incumbent David Walkingstick’s representative drew the second spot. Kathy Kilpatrick drew the third spot, while Brian Berry’s representative drew the forth spot. Larry Pritchett drew the last spot. For Dist. 6, Natalie Fullbright’s representative drew the first spot for her, while Bryan Warner drew the second position. B. Keith McCoy got the third slot, and Ron Goff drew the fourth. For Dist. 8, Corey Bunch drew the first spot, while a representative for Shawn Crittenden drew the second. For Dist. 12, incumbent Dick Lay drew the first spot and his opponent Dora Smith Patzkowski got the second. For Dist. 13, a representative drew the first spot for former Tribal Councilor Buel Anglen, while another representative drew the second spot for Kenneth Holloway. For Dist. 14, a representative for Keith Austin, a former Cherokee Phoenix Editorial Board member, drew the first spot, while William “Bill” Pearson drew the second position. For the No. 1 At-Large seat, Wanda Hatfield drew the first spot, while Tommy Jones drew the second. Pamela Fox got the third spot, while Betsy Swimmer drew the fourth. Benjamin McKee drew the fifth spot, and Trey Brown drew the sixth. Deborah Reed got the seventh spot, while Linda Leaf-Bolin got the eighth. Former CN Supreme Court Justice Darell Matlock drew for the ninth spot, and Shane Jett got the last position on the ballot. After drawing for ballot positioning, the EC also drew for watcher names that were provided by candidates for some voting precincts. More than 40 names were drawn. Two names, if available for that precinct location, were drawn as well as an alternate, if possible. The EC also drew several watchers for the four days of in-person absentee voting in Tahlequah. For more information, visit <a href="http://www.cherokee.org/OurGovernment/Commissions/ElectionCommission.aspx" target="_blank">http://www.cherokee.org/OurGovernment/Commissions/ElectionCommission.aspx</a> or call 918-458-5899.
BY ASSOCIATED PRESS
03/25/2015 10:00 AM
LANCASTER, N.Y. (AP) – A western New York school district will do away with its Redskins mascot and nickname after other districts in the region turned up the pressure by boycotting games because of it. The Lancaster Central School Board voted to retire the longtime symbol Monday during a special session called after three districts with sizeable numbers of Native American students canceled lacrosse matches. The term Redskins is considered by many to be a racial slur against Native Americans. While supporters of the nickname said it was a source of pride and never meant to offend, a resolution by Superintendent Michael Vallely said it has become a "symbol of ethnic stereotyping" and that keeping it could subject students to retaliation. The unanimous vote was shouted down by Redskins supporters, many of whom wore past and present school uniforms and jackets with the Redskins logo. "All of these years we've never used it in a negative way," Lancaster High School senior Emily Koeppel said after the meeting. "It was never meant to be hurtful." Numerous high schools and universities throughout the country have dropped the term in recent years and several Native American groups have begun a "Change the Mascot" campaign to press the National Football League to remove it from the Washington, D.C., franchise. "There is no pride in having schools boycott playing our sports teams," board member Kimberly Nowak said. "There is no pride in winning by forfeit." The lacrosse boycotts by the Akron, Lake Shore and Niagara Wheatfield districts in western New York followed a March 3 public forum in Lancaster that drew more than 100 people from both sides of the issue. Several students said they would continue to wear their Redskins apparel and call themselves Redskins despite the vote by the board to begin a "student-centered" process to develop a new mascot. "This is our school. We are Redskins," student Torie Dombrowski said. The school has been leaving the Redskins name off new uniform orders for the last three to four years, and a new football field scoreboard also is without the mascot, but district leaders had said they would take their time before deciding whether to do away with it altogether. The boycotts and other pressure from the community hastened the decision, board members said. A spokesman for the Oneida Indian Nation of central New York, which is involved in the NFL campaign, said districts that have replaced their mascots, including neighboring Cooperstown, have not seen a decline in school spirit. "Not only did the school make a powerful statement to the Native American community that they no longer wanted to use a term that is a dictionary-defined slur against native people," spokesman Joel Barkin said. "But it made a statement to the kids in that school to be self-aware and have empathy and think about how the actions that you are engaging in affect other people outside of yourself." The U.S. Commission on Civil Rights in 2001 called for an end to the use of Native American images and team names by non-Native schools, saying the portrayals "encourage biases and prejudices that have a negative effect on contemporary Indian people." The American Psychological Association took a similar stance in 2005, citing harmful effects "on the social identity development and self-esteem of American Indian young people." Said board member Michael Sage, "The students in this generation and those to follow need a new tradition."
BY STAFF REPORTS
03/24/2015 02:00 PM
WASHINGTON – In keeping with President Obama’s commitment to supporting Indian families and building resilient, stable and thriving tribal communities, Assistant Secretary of Indian Affairs Kevin Washburn announced March 18 that the Bureau of Indian Affairs has published a proposed rule to govern the implementation of the Indian Child Welfare Act of 1978 by state courts and child welfare agencies. The proposed rule also includes changes to current regulations that govern notice to state agencies under ICWA. “The Bureau of Indian Affairs’ proposed rule clarifies and strengthens implementation of the act’s requirements in Indian child custody proceedings to ensure that Indian families and tribal communities do not face the unwarranted removal of their youngest and most vulnerable members,” Washburn said. “I want to thank all those who attended listening sessions and provided comments and recommendations for our updated guidelines. Their contributions helped inform this proposed rule, which seeks to protect Indian children and families. We look forward to receiving more comments and feedback throughout the rulemaking process.” The Department will be conducting tribal consultations and public meetings on the proposed rule through May 2015 to facilitate input and comment on the proposed rule. Tribal consultations are open only to representatives of federally recognized Indian tribes. Public meetings are open to everyone. A public meeting is scheduled for 1-4 p.m., Thursday, May 15 at the Tulsa Marriott Southern Hills, 1902 E. 71st Street. The assistant secretary’s announcement marks the second major action the BIA has taken this year to promote implementation of ICWA. On Feb. 24, Washburn announced the issuance of revised guidelines for state courts and agencies in Indian child custody proceedings to support the full implementation and purpose of ICWA–the first such update since the guidelines were issued over 35 years ago. Protecting Indian children reflects the highest ideals of the federal government’s trust responsibility to Indian tribes, and the revised guidelines and regulations are part of this administration’s broader approach to ensuring compliance with ICWA. The proposed regulations will be published in the Federal Register and can be found at <a href="http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm" target="_blank">http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm</a>. Comments can be submitted via any of the following methods: by e-mail to <a href="mailto: comments@bia.gov">comments@bia.gov</a> (please include “ICWA” in the subject line of the message); by postal service or hand-delivery to Ms. Elizabeth Appel, Office of Regulatory Affairs & Collaborative Action – Indian Affairs, U.S. Department of the Interior, 1849 C Street, N.W., MS-3642-MIB, Washington, D.C. 20240; by phone by calling 202-273-4680, or at <a href="http://www.regulations.gov" target="_blank">www.regulations.gov</a>. The Office of Indian Services Division of Human Services administers the BIA’s ICWA regulations at 25 CFR Part 23 and the Guidelines for State Courts. For more information, visit <a href="http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm" target="_blank">http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm</a>.