Cherokee Nation citizen Dusten Brown plays with his daughter Veronica, center, with two unidentified children in this undated photo. After a lengthy legal battle, Brown handed over Veronica in September to a non-Native South Carolina couple after their adoption of the girl was declared legal. Four national Native American organizations on Feb. 3 called for the federal government to take a stronger role in enforcing compliance of the Indian Child Welfare Act. COURTESY PHOTO

Native American groups seek child welfare probe

Supporters of Dusten Brown gather on Aug. 12 at the Cherokee Nation Courthouse in Tahlequah, Okla., to protest the adoption of CN citizen Veronica Brown, Dusten’s daughter, by a non-Indian couple in South Carolina. Four national Native American organizations on Feb. 3 asked the U.S. Department of Justice to launch an investigation into the treatment of American Indian and Alaska Native children in the private adoption and public child welfare systems, saying civil rights violations there are rampant. WILL CHAVEZ/CHEROKEE PHOENIX
Supporters of Dusten Brown gather on Aug. 12 at the Cherokee Nation Courthouse in Tahlequah, Okla., to protest the adoption of CN citizen Veronica Brown, Dusten’s daughter, by a non-Indian couple in South Carolina. Four national Native American organizations on Feb. 3 asked the U.S. Department of Justice to launch an investigation into the treatment of American Indian and Alaska Native children in the private adoption and public child welfare systems, saying civil rights violations there are rampant. WILL CHAVEZ/CHEROKEE PHOENIX
BY ASSOCIATED PRESS
02/20/2014 07:52 AM
PORTLAND, Ore. (AP) – Four national Native American organizations on Feb. 3 asked the U.S. Department of Justice to launch an investigation into the treatment of American Indian and Alaska Native children in the private adoption and public child welfare systems, saying civil rights violations there are rampant.

The groups also called for the federal government to take a stronger role in enforcing compliance of the Indian Child Welfare Act. They stated in a letter to Jocelyn Samuels, the Justice Department’s acting assistant attorney general for civil rights, that there is “minimal federal oversight” over implementation of the law.

The letter follows a recent high-profile custody battle over a Cherokee girl known as Baby Veronica who eventually was adopted by a white South Carolina couple. It also comes amid lawsuits alleging violations of federal law governing foster care and adoptions in some states.

The organizations, which include the Portland-based National Indian Child Welfare Association, alleged in their letter that some guardians appointed by the court mock Native American culture; some state workers put down traditional Native ways of parenting; and some children are placed in white homes when Indian relatives and Native foster care homes are available.

“These stories highlight patterns of behavior that are, at best, unethical and, at worst, unlawful,” the letter states. “Although these civil rights violations are well-known and commonplace, they continue to go unchecked and unexamined.”

The federal government had no an immediate response regarding the allegations.

“We have received the letter and are reviewing the request,” Justice Department spokeswoman Dena W. Iverson said in an email.

Native children are disproportionately represented in the child welfare system nationwide, especially in foster care.

Congress passed the Indian Child Welfare Act in 1978 after finding high numbers of Indian children being removed from their homes by public and private agencies and placed in non-Indian foster and adoptive homes and institutions.

Federal law now requires that additional services be provided to Native families to prevent unwarranted removal. And it requires that Indian children who are removed be placed whenever possible with relatives or with other Native Americans, in a way that preserves their connection with their tribe, community and relatives.

While Native groups agree that the ICWA has been effective in slowing the removal of Indian children from their families, major challenges remain. And Baby Veronica’s plight has highlighted the matter.

Veronica was born to a non-Cherokee mother, who put her up for adoption. Matt and Melanie Capobianco, a white couple, gained custody of the child in 2009. The baby’s father, a citizen of the Cherokee Nation, pressed claims under the ICWA and won custody when the girl was 27 months old.
But in June, the U.S. Supreme Court ruled the act didn’t apply because the father, Dusten Brown, had been absent from Veronica’s life before her birth and never had custody of her. In September, Oklahoma’s Supreme Court dissolved an order keeping the girl in the state, and Brown handed her over to the Capobiancos.

In addition to that case, the letter cites problems such as adoption agencies disregarding children’s tribal affiliation and failing to provide notice to a tribe when a child is taken into custody. The groups also contend Indian children are transported across state lines to sidestep the law; adoption attorneys encourage circumvention of the law; and judges deny tribes a presence during child custody proceedings.

Another problem, according to Craig Dorsay, an Oregon lawyer who works on many Native child welfare cases, is inconsistencies in identifying who is an Indian child and who is not – and whether the law applies to families who are deemed not Indian enough in the eyes of a court.

In Oregon, Dorsay said, the overall relationship between tribes and counties is good when it comes to applying the law. But statistics continue to show the disproportionate removal of Native children from their families.

Native American children in Oregon are more likely to be placed in foster care than white children, according to research from Portland State University. And they’re more likely to exit care by adoption. That, despite the fact that the abuse rate among Natives is the same as for white families.

Researchers found that suspected abuse or neglect involving Native American families was reported to child protective services at a higher rate than the group’s representation in the general population.

News

BY STAFF REPORTS
08/29/2014 04:09 PM
The Cherokee Phoenix will be selling subscriptions and merchandise Sat. Aug. 30, 2014 during the 62nd Annual Cherokee National Holiday. Come visit with staff members from 9 a.m. to 2 p.m. at the Courthouse Square and 11 a.m. to 4 p.m. inside the Cherokee Nation Tribal Complex during it's annual open house. Scroll through the photos to see when and where each staff member will be.
BY STAFF REPORTS
08/29/2014 11:40 AM
<a href="http://www.cherokeephoenix.org/Docs/2014/8/8481_HolidayGuide2014.pdf" target="_blank">Here</a> you will find the schedule of events for the 62nd Annual Cherokee National Holiday.
BY BRYAN POLLARD
08/29/2014 10:23 AM
The Cherokee Phoenix Editorial Board will be meeting via conference call at 9 a.m. CDT, September 10, 2014. To attend, please use the conference call information listed below. The meeting agenda is <a href="http://www.cherokeephoenix.org/Docs/2014/8/8480_140910_EB_Agenda.pdf" target="_blank">here</a>. Dial-in: 866-210-1669 Entry code: 4331082
BY JOSH NEWTON
08/29/2014 08:31 AM
Tahlequah Daily Press TAHLEQUAH, Okla. – Authorities with the Cherokee Nation Marshal Service and Ontario Provincial Police in Canada say that until last month, a man living in Tahlequah had been presumed dead as a result of a 1977 barn fire. “The Cherokee Nation Marshal Service, acting on a tip, did locate Ronald Stan alive and living in Tahlequah on Aug. 5,” said Amanda Clinton, the Cherokee Nation communications director. She said the tribe would make no other comment about the discovery. Authorities in Canada say Stan, who has been living in Tahlequah under the alias of Jeff Walton, disappeared from his home in Ontario nearly 37 years ago. According to media reports out of Canada, Stan lived in the former Township of East Williams in Middlesex County, but was reported missing when a barn caught fire on Sept. 29, 1977. Witnesses reportedly saw Stan near the barn before it broke out into a blaze. Remnants of a body were never found, but in 1986, Stan was declared legally dead in Canada. He had reportedly left behind a wife and children there. But authorities in Canada say a recent audit of Stan’s disappearance somehow connected the supposedly missing person to a man living near Tahlequah, 69-year-old Jeff Walton. According to some media reports, police used Facebook connections to pinpoint Walton in Cherokee County. Authorities have not said what Stan’s motives might have been for disappearing 37 years ago, nor whether the barn fire thought to have taken his life was or is now considered to have been suspicious. But Canadian officials have suggested Stan faces no criminal charges there. Stan’s 35-year-old son, Jeff Walton Jr., told the Toronto Star that his family is “still trying to put all the puzzle pieces together.” He said family members from Stan’s U.S. life learned of the former life last month. Stan reportedly has grandchildren in the U.S. as well. On April 23, 2000, Stan, under the name of Walton, married Cherokee County resident Debra E. Proctor in Eureka Springs, Arkansas. Court records show Proctor and Stan divorced earlier this month – according to Walton Jr., because of the revelation of his father’s secret Canadian past. In Proctor’s petition for divorce, she cites “incompatibility” between herself and Stan. Walton Jr. told the Toronto Star that his father now suffers from vascular dementia and heart disease, and was in a nursing home when authorities began to uncover Stan’s past. According to court documents, Stan has also gone by the name of Jeff Winton, and reportedly spent some time in Louisiana after leaving Canada. “It’s been tough on me, but he’s still my father,” Walton Jr. told the Toronto Star. “It doesn’t change the man I knew for 35 years. Hopefully one day, he can sit down and write a book and remember all the stuff he’s been through in his life. It’d be a damn good book, I’ll tell you that, just from what I’ve heard.” Canadian media also reported that the Ontario Provincial Police have closed their case. – REPRINTED WITH PERMISSION
BY STAFF REPORTS
08/28/2014 01:21 PM
CLAREMORE, Okla. – The stables are filling up as quarter horse racing returns to Cherokee Casino Will Rogers Downs on Sept. 6 for a fifth consecutive year. The schedule features 28 days of American Quarter Horse Association, Appaloosa and Paint races through Nov. 8. Races begin at noon every Friday, Saturday and Sunday. Each day features 12 races. Popularity of the track’s quarter horse racing meet continues to draw some of the most talented people in the sport to WRD. “We are very excited that Eddie Willis and Toby Keeton, the top two trainers in earnings in the United States, will be returning with full stables to compete at this year’s meet,” Jesse Ullery, WRD racing secretary and simulcast manager, said. The 2014 WRD racing schedule features 34 stakes races. Top 10 qualifiers from the non-pari-mutuel Kansas Jackpot Trials and Black Gold Division 350 Futurity Trials previously held on Aug. 23 will be part of the opening race cards for the finals on Sept. 9. Both finals include added money, with the Black Gold Division 350 Futurity Finals guaranteeing $150,000, while $25,000 is promised for the Kansas Jackpot Futurity Finals. Race fans visiting on Sept. 28 will witness the $15,000 added AQHA Zoetis Starter Allowance Challenge, the $27,500 guaranteed AQHA John Deer Juvenile Challenge Finals, the $30,000 added AQHA Red Cell Distance Challenge Finals and the AQHA Adequan Derby Challenge Finals, worth an estimated $32,500. The 400-yard Black Gold Division 400 Futurity Finals for 2-year-olds on Oct. 5 also promises to be an exciting event, adding $150,000 to the pot with $7,500 going to stallion awards. “We have a very competitive stakes program this year for all ages of horses. There is a lot to see,” Ullery said. The $294,625 Black Gold Futurity Championship highlights the meet on Nov. 8. The finale on Nov. 8 also includes the $25,000 Oklahoma Horsemen’s Association Mystery Derby Finals and the Oklahoma Horsemen’s Association Mystery Futurity Finals Grade II, worth $75,000. Cherokee Casino Will Rogers Downs is located 3 miles east of Claremore on Highway 20. For more information, visit <a href="http://www.cherokeecasino.com" target="_blank">www.cherokeecasino.com</a> and click on the Will Rogers Downs tab or call (918) 283-8800.
BY ROGER GRAHAM
08/26/2014 02:28 PM
TAHLEQUAH, Okla. – Cherokee Nation department employees are completing work in preparation for the Cherokee National Holiday. The annual event begins on Aug. 29 and ends Aug. 31. A listing of holiday event times and locations can be found <a href="http://www.cherokeephoenix.org/Docs/2014/8/8400_HolidayGuide2014.pdf" target="_blank">here</a>. The task of preparing for nearly 100,000 visitors requires multiple departments to work together to complete the variety of improvements to event locations. Cherokee National Holiday Director Lou Slagle acknowledged CN Facilities Dept. for taking on the majority of the physical labor.