http://www.cherokeephoenix.orgCherokee 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
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
10/20/2017 04:00 PM
TULSA, Okla. – Cherokee Nation Technologies is hosting job fairs from 1 p.m. to 7 p.m. on Oct. 24 from 10 a.m. to 3 p.m. on Oct. 28 at 10837 E. Marshall St. The tribally owned company anticipates hiring 100 bilingual call center specialists to respond to calls from Disaster Recovery Service Centers. Hired support specialists will answer questions and perform data entry for individuals and businesses affected by hurricanes Harvey, Irma and Maria. CNT is looking for experienced and entry-level bilingual agents. All applicants must be U.S. citizens, be at least 18 years of age with a high school diploma or GED and have the ability to pass a background and drug screening. Job fair attendees should bring their résumés and be prepared for an interview at the CN Nation Career Services office on Marshall Street. CNT is part of the Cherokee Nation Businesses family of companies and is headquartered in Tulsa, with a regional office in Fort Collins, Colorado, and client locations nationwide. CNT provides unmanned systems expertise, information technology services and technology solutions, geospatial information systems services, as well as management and support of programs, projects, professionals and technical staff. For more information or to apply online, visit <a href="https://cnbjobs.cnb-ss.com/#/jobs/11540" target="_blank">https://cnbjobs.cnb-ss.com/#/jobs/11540</a>.
BY STAFF REPORTS
10/19/2017 04:00 PM
WASHINGTON – U.S. Secretary of the Interior Ryan Zinke in October announced the selection of Bryan Rice, a veteran federal administrator and Cherokee Nation citizen, as the new director of the Bureau of Indian Affairs, the federal agency that coordinates government-to-government relations with 567 federally recognized tribes in the United States. “Bryan has a wealth of management expertise and experience that will well serve Indian Country as the BIA works to enhance the quality of life, promote economic opportunity, and carry out the federal responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives,” Zinke said. “I have full confidence that Bryan is the right person at this pivotal time as we work to renew the department’s focus on self-determination and self-governance, give power back to the tribes, and provide real meaning to the concept of tribal sovereignty.”?? Rice, who started his new position on Oct. 16 recently led the Interior’s Office of Wildland Fire, and has broad experience leading Forestry, Wildland Fire and Tribal programs across the Interior, BIA and the U.S. Department of Agriculture. “Native Americans face significant regulatory and bureaucratic hurdles to economic freedom and success,” Rice said. “I am honored to accept this position and look forward to implementing President Trump’s and Secretary Zinke’s regulatory reform initiative for Indian Country to liberate Native Americans from the bureaucracy that has held them back economically.” His federal government career has spanned nearly 20 years, beginning with service on the Helena Interagency Hotshot Crew for the U.S. Forest Service in Montana. He served as a Peace Corps volunteer in Nepal, working in both community forestry and rural development and supervised timber operations as a timber sale officer on the Yakama Reservation as well as a forester on the Tongass National Forest in Alaska. Rice also served in leadership capacities internationally in Tanzania, Mexico, Brazil and Australia for both Interior and the U.S. Forest Service. ?? Rice has served in two senior executive service natural resources management leadership positions, including as deputy director for the BIA Office of Trust Services from 2011-14, and as director of Forest Management in the U.S. Forest Service from 2014-16. ?? Rice spent his school years in the Midwest in Whitewater, Wisconsin, and Peoria, Illinois. ?He holds a bachelor’s degree in forestry from the University of Illinois at Urbana-Champagne and a master’s degree in business administration from the University of Alaska – Southeast, focusing on rural development and transportation systems. Principal Chief Bill John Baker said he looks forward to working with Rice. “The Cherokee Nation is certainly proud of our citizen, Bryan Rice, and his accomplished career stemming in natural resources and now in Washington, D.C., overseeing the agency that most directly works with all federally recognized Indian tribes,” Baker said. Rice’s position does not require Senate confirmation.
BY LINDSEY BARK
News Writer
10/18/2017 08:30 AM
TAHLEQUAH, Okla. – Cherokee National Treasure Betty Frogg voiced concerns that she and other treasures have regarding the CNT program during an executive session of the Sept. 28 Culture Committee meeting. Frogg said she told the committee that several treasures feel they don’t have access to information regarding the program such as who gets nominated to its advisory board, feel as if they cannot attend monthly advisory board meetings and don’t have access to CNT policies and bylaws. Frogg also said some treasures feel as if they don’t have input on who is nominated and selected to the CNT advisory board. Advisory board members are Cherokee National Treasures Jane Osti, Vyrl Keeter, Durbin Feeling, Eddie Morrison and Vivian Cottrell. Frogg said she also told the Culture Committee about how the Cherokee Nation Businesses-ran program now allows contemporary artists to become treasures when before only traditional artists were considered. “The issues I wanted to bring before the committee was basically for somebody to listen to us (and) for the traditional arts to stay traditional,” Frogg said. Frogg said she told the committee the difference between a “traditional” artist and a “contemporary” artist. “Basically traditional means you use traditional materials to make your baskets, bows, arrows, (stickball) sticks. All of the treasures that are traditional do that. They gather their own materials. They process their own materials. Contemporary, you can go buy the stuff in Walmart or an art store (or) Hobby Lobby. That’s the difference to me in traditional and contemporary,” she said. Committee members voted to speak with Frogg in executive session because of a lack of public decorum in the public meeting. During the public portion of the meeting, Culture Committee Chairwoman Victoria Vazquez said that a committee member had requested that a CNT spokesperson be given the floor. Vazquez denied the request. “This is unnecessary, and I do not intend to conduct the meeting by opening it up to spokespeople. We can be productive and effective by doing our jobs representing our constituents and engaging and discussing with each other,” Vazquez said. Molly Jarvis, CNB vice president of marketing communications and cultural tourism, presented packets to the Culture Committee with information regarding the CNT program’s history and supporting documentation such as bylaws and policies. “The Living Treasures National Master Craftsman resolution was passed by the Council in 1988 and was amended in 2009. Cherokee Nation Businesses assumed financial and administrative management of the National Treasures program in October 2015,” Jarvis said. Jarvis added that CNB has managed the budget and administration of the CNT program while the five-person advisory board has reviewed and updated bylaws. “We have clearly communicated the updated standards of conducts and mentor program policy as well as many other documents and the budget,” Jarvis said. Tribal Councilor Dick Lay asked Secretary of State Chuck Hoskin Jr. about the term limits of the advisory board and if living treasures had input on who is placed on it. Hoskin said Principal Chief Bill John Baker nominates the advisory board members. “I know from experience working for Chief Baker that he’s always willing to get input and that he’s gotten input, and that input, not just this committee but other committees, has guided his decision on who to nominate,” he said. Hoskin added that treasures could suggest people they want added to the advisory board to him and Baker. As a result, Frogg was nominated to be on the advisory board to help select future treasures. The Rules Committee was expected to vote on her nomination on Oct. 26. Also, as a of result of the Culture Committee meeting, treasures will have access to the advisory board’s policies and bylaws and be able to attend future advisory board meetings.
BY ROGER GRAHAM
Multimedia Producer – @cp_rgraham
10/16/2017 12:00 PM
TAHLEQUAH, Okla. – On Oct. 9, Native Americans, including many Cherokees, celebrated Indigenous Peoples Day instead of Columbus Day in Tahlequah and on Northeastern State University’s campus. The following Cherokee Phoenix video highlights people and events of the day.
BY ASSOCIATED PRESS
10/15/2017 04:00 PM
OKLAHOMA CITY (AP) — A small Oklahoma town is irate that the state has decided to restore its Capitol with marble from a Chinese vendor over marble produced from the town's own quarry. Locals in Marble City, located near the Arkansas border, say the marble used for the project should come from Oklahoma, not another country. Over the next four years, workers will replace parts of the Capitol's lowest floor, eventually laying down about 25,000 square feet of marble. One of the bids was linked to Polycor, a manufacturing company that produces marble from a quarry in Marble City. The Oklahoman reports that construction officials said the bid using those materials came in over budget, and called the Chinese marble "superior" to the quality of the Polycor product in every measurement category.
BY ASSOCIATED PRESS
10/15/2017 12:00 PM
TULSA, Okla. (AP) — Three hung juries in the case of a white former Oklahoma police officer charged with fatally shooting his daughter's black boyfriend had one thing in common besides unwillingness to convict: Each had only one African-American juror. Race has been an undercurrent in ex-Tulsa officer Shannon Kepler's first-degree murder case, which is headed for a fourth trial. Criminal law experts and U.S. Supreme Court cases point to the importance of racial identity and policing when it comes to jury selection, which is set to start Monday. Kepler, a 24-year veteran of the force, was off duty in August 2014 when he fatally shot 19-year-old Jeremey Lake, who had just started dating Kepler's daughter. Kepler doesn't deny pulling the trigger but says he did so only because he thought Lake was armed. No weapon was found on or near Lake's body. Officers across the U.S. involved in fatal shootings of black residents have recently faced similar trials. In the past year alone — including in Tulsa — juries were unwilling to vote for a conviction or prosecutors were unwilling to charge officers in cases from Baltimore to St. Louis. In May, a jury acquitted now-former Tulsa officer Betty Jo Shelby in the killing of an unarmed black man, which roiled the city's black community. "I don't see how race cannot play a role," said Kris McDaniel-Miccio, a professor at Sturm College of Law at the University of Denver and a former Bronx-based prosecutor. "I don't think there's any way to get around it because of what has happened in this community." The racial makeup of the juries in Kepler's previous trials prompted criticism from at least one civil rights group. Tulsa activist Marq Lewis with We the People Oklahoma said Kepler's defense attorneys have been booting potential jurors based on skin color. "The last three juries somehow felt that Jeremey was a bad person because he was black," Lewis said. "They couldn't bring themselves to believe this off-duty officer would literally shoot someone in cold blood without thinking somehow the black guy is sinister and he's done something bad." Richard O'Carroll, Kepler's defense attorney, has denied race played a role in Lake's killing. O'Carroll did not return messages this past week seeking comment on the case. Tulsa County District Attorney Steve Kunzweiler declined to comment specifically on the racial makeup of the past juries, but acknowledged "frustration" with the results of the trials. "I know I had citizens who put in a lot of effort and worked very hard and I know from their perspective they are frustrated as well," Kunzweiler said. Another racial element was recently added to the case when Kepler argued that he couldn't be tried by state prosecutors because he's a member of an American Indian tribe. A judge determined the fourth trial could move forward in state court. Kepler says he's 1/128th Muscogee (Creek). Last year, the U.S. Supreme Court ruled 7-1 that prosecutors violated the Constitution by excluding African-Americans from an all-white jury that convicted a black Georgia death row inmate of killing a white woman. The decision emphasized rules set by the court in 1986 to prevent racial discrimination in jury selection. Seating more jurors of color — especially in cases involving police who have fatally shot people — could be a factor in how a jury ultimately votes, said Bridgette Baldwin, professor of law at Western New England University in Springfield, Massachusetts. "The life experience is different," said Baldwin, who is black. "I may not be scared of a young male with a hoodie on because I've been socialized to be around these types of individuals. You see things differently, you hear things differently, you process things differently." McDaniel-Miccio, the Denver law professor, said the Kepler case illustrates what the U.S. is trying to address when it comes to race, police and the justice system. "How many generations do we have to have pass before we come to the honest realization that there is a distinct racial and ethnic asymmetry in this country?" she said. "We live in a world where we should believe that when something like this happens, they will be facing justice and they will be held accountable if they broke the law — no more, no less.”