Thursday, June 16, 2016

ICWA and LA's One Native Foster Mother

The Chronicle of Social Change examines the difficulties of finding ICWA-compliant placements for Native American children in Los Angeles, focusing on two boys being placed with Lisa Smith, the one Native American foster placement available:

For Smith, the boys’ severance from their family strikes a chord. Like them, Smith grew up a member of the Cherokee Nation. She can track her roots back to the “Trail of Tears” in the 1830s, when thousands of her ancestors were marched west from their native lands. For Native children, foster care is often the final tug that forever breaks the strands of shared tribal culture.

Smith wants to turn back the clock, rebuild the boys’ lives and strengthen her tribe. That’s why, only weeks before this bittersweet moment, she decided to become Los Angeles County’s one-and-only Native American foster mom.

“Within, you carry that pride, and you carry that pride onto the next generation,” Smith says. “And that’s what I am hoping, that with the children, I can serve to let them know that you’re a part of something larger, part of our [Cherokee] family here and across the United States.”

But for Native American children who enter the foster care system, being placed with a Native foster parent is far from guaranteed. Mistrust, a lack of accountability and a decades-long dearth of initiative has led many child welfare jurisdictions, Los Angeles included, to remain wildly out of compliance with federal legislation aimed at keeping tribes and Native families intact.

ICWA requires states to prefer native placements in both foster care and adoption for native children. I posted earlier about the newest regulations the Bureau of Indian Affairs promulgated June 8, 2016.

https://lawprofessors.typepad.com/adoption_law/2016/06/icwa-and-las-one-native-foster-mother.html

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