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February 4, 2014

Groups ask for child welfare probe

PORTLAND, Ore. — Four national Native American organizations on Monday 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 said in a letter to Jocelyn Samuels, the Justice Department’s acting assistant attorney general for civil rights, that there is “minimal federal oversight” over the 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; state workers put down traditional Native ways of parenting; and 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 to the letter.

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 very 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.

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