Pupils at Carlisle Native Industrial School, Pennsylvania (PD)
WARNING: Graphic Images
From 1869 to the 1960s, hundreds of thousands of Native American children were removed from their parents and placed at boarding schools operated by the Bureau of Indian Affairs [1][2].
There the children were forbidden to use their tribal names, speak their tribal languages, wear their tribal clothing, or practice their tribal religions. Discipline was generally harsh. Emotional, physical, and sexual abuse were not unknown.
Though perhaps well intentioned, this cultural genocide (now termed ethnocide) was inexcusable [3][4A]. The trauma to these children was incalculable [4B].
Indian Child Welfare Act (ICWA)
The Indian Child Welfare Act (ICWA) was created as a reaction to such forced assimilation [5][6A][9A]. The purpose of the ICWA was to protect the cultural identity and heritage of Indian tribes [9B].
The ICWA mandates that the state pursue the best interests of the tribe, rather than that of the individual child, in cases of abuse. Officials must place an abused or neglected child with race-matched foster and adoptive families [6B].
Published guidelines by the Bureau of Indian Affairs, in fact, indicate that child welfare officials should not consider the best interests of the child in placement – irrespective of poverty, substance abuse, or other “non-conforming social behavior” such as crime in the home [9C].
For any child living on a reservation, the tribe has exclusive jurisdiction of child welfare cases [9D].
Removal from Parental Custody
Ordinarily, a state is required to make reasonable efforts to preserve the existing family before removing a child from parental custody. Across the nation, the standard for removal is proof by clear and convincing evidence.
In order to terminate Indian parental rights, however, the state must prove beyond a reasonable doubt that allowing a child to remain in the home will result in “serious emotional or physical damage” [9E]. This is the much higher standard applicable to criminal cases.
Active Efforts
Active efforts must be made to place an abused or neglected child first with extended family members for adoption, then with other members of the Indian tribe, and then with other Indian families [9F].
Absent a showing of good cause to the contrary, adoption by a non-indigenous family will not be considered at all. Instead, the child is returned to the very family which abused him/her.
This approach (termed “active efforts”) has had tragic consequences [5C].
- In Montana, Antonio Renova was removed from his family of origin, and placed in foster care [5D][7A]. Because his foster family was not Crow, they did not qualify to adopt the boy. State and tribal officials returned Antonio to the family that had abused him, and he was murdered. The 5 y.o. child was “tortured, battered, degraded, and starved” before being beaten to death [7B].
- In Oklahoma, child protective services determined that Declan Stewart had been beaten by his mother’s boyfriend [5E][8]. Unfortunately, officials were unable to locate an indigenous temporary home for the boy. Declan was returned to his Cherokee mother’s custody, and murdered. The 5 y.o. suffered massive brain damage, along with other internal injuries.
- Due to the terms of the ICWA, twin sisters Laurynn and Michaela Whiteshield were placed in their grandfather’s home on the Spirit Lake Dakota Reservation, after being in foster care [5F][9G][10]. The grandfather’s wife had a known history of abuse, neglect, and endangerment. She murdered 2 y.o. Laurynn a month later, throwing the small child down an embankment.
Abuse/Neglect Rate
There are no figures available as to the number of children impacted by the ICWA nationally [9H]. However, Native American children have the second highest rate of abuse and/or neglect of any ethnic group – 50% higher than the rates for Caucasian or Hispanic children [11]. They, also, have the highest rate of child suicide (36.3 per 100,000) [12].
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[1] Wikipedia, “American Indian boarding schools”, https://en.wikipedia.org/wiki/American_Indian_boarding_schools.
[2] National Native American Boarding School Healing Coalition, “US Indian Boarding School History”, https://boardingschoolhealing.org/education/us-indian-boarding-school-history/.
[3] American Bar Association (ABA), “What is Ethnocide?”, https://www.americanbar.org/groups/human_rights/dignity-rights-initiative/ethnocide-project/what-is-ethnocide-/.
[4A and 4B] US Dept. of the Interior/Indian Affairs, “Federal Indian Boarding School Initiative Investigative Report” by Asst. Secretary – Indian Affairs Bryan Newland, May 2022, https://www.bia.gov/sites/default/files/dup/inline-files/bsi_investigative_report_may_2022_508.pdf.
[5] US Dept. of the Interior/Indian Affairs, “Indian Child Welfare Act (ICWA)”, https://www.bia.gov/bia/ois/dhs/icwa.
[6A through 6F] The Hill, “Now more than ever, Congress must amend the Indian Child Welfare Act” by Adi Dynar, 6/21/23, https://thehill.com/opinion/congress-blog/4061152-now-more-than-ever-congress-must-amend-the-indian-child-welfare-act/.
[7A and 7B] Great Falls Tribune, “Judge gives maximum sentences to all 3 involved in 5-year-old’s beating death” by Traci Rosenbaum, 7/26/22, https://www.greatfallstribune.com/story/news/crime/2022/07/26/3-sentenced-in-5-year-old-antonio-renovas-murder-in-great-falls-montana-emilio-emmanuel-renova/65383015007/.
[8] The Oklahoman, “Dying Too Young: Declan Stewart”, 3/26/09, Updated 3/27/09, https://www.oklahoman.com/story/news/2009/03/26/dying-too-young-declan-stewart/61440730007/.
[9A through 9H] Goldwater Institute, “Death on a Reservation” by Mark Flatten, 6/10/15, https://www.goldwaterinstitute.org/death-on-a-reservation/.
[10] Grand Forks Herald, “‘Fingerpointing’ and unanswered questions in child’s death at Spirit Lake” by chaga@gfherald.com, 7/3/13, https://www.grandforksherald.com/newsmd/finger-pointing-and-unanswered-questions-in-childs-death-at-spirit-lake.
[11] CDC, Division of Violence Prevention, National Center for Injury Prevention and Control, “Child Maltreatment”, 2014, https://www.cdc.gov/violenceprevention/pdf/childmaltreatment-facts-at-a-glance.pdf.
[12] CDC, “Disparities in Suicide”, Last reviewed 5/9/23, https://www.cdc.gov/suicide/facts/disparities-in-suicide.html.
Hundreds of unmarked graves have been found at former schools for indigenous children in Canada. It is believed these graves were once marked, but that the Roman Catholic Church which operated the schools had the markers removed.
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ANNA WALDHERR A Voice Reclaimed, Surviving Child Abuse and More 
The same thing happened here in Canada. A true abuse of human rights.
Tragic.
Es ist wirklich tragisch. Es ist sicher nur die Spitze des Eisbergs, von dem nur wenige Fakten bekannt sind. Es gibt so viel Schreckliches, das Kindern angetan wird. Umso besser ist, es, wenn so etwas bekannt und dokumentiert wird, wie Du es dankenswerterweise tust. LG ,M.
Es ist eine schwierige Aufgabe, über solche Dinge zu schreiben. Es bricht mir oft das Herz. Aber ich hoffe und bete, dass die Veröffentlichung solcher Tragödien künftige Tragödien verhindern kann. LG, A. ❤
This is heartbreaking to read about.
Yes. There seems no ready answer.
Lord Jesus, pour out Your mercy on everyone impacted so deeply by this!
Amen.
Oh, it’s hard to click “like” on tough topics like this. I hate that this kind of horrific stuff goes on. Anna, I appreciate your diligence in being an advocate and voice to many voiceless.
Lord God, be merciful to innocents all over this world. You alone have power to change hearts. Father, reveal Yourself to those who perpetrate evil–convict their hearts that they may know You and repent. In Jesus name. Amen.
I wholeheartedly join in your prayer, Manette. ❤
With an annual budget of $2.159 billion (FY2021) and 4,569 employees (FY2020) , one would think that the Department of the Interior would have sufficient resources available to provide adequate protection for these children. Then again, depending upon government entities to perform at an exemplary level usually leaves us disillusioned.
The legislation would have to be amended to favor protection of the child. There is no great incentive for that and likely to be opposition in the name of political correctness. As matters stand, a lack of qualified foster and adoptive parents is the obstacle. It is a tragic situation.
So, in essence, the welfare of the child is not the number one priority, which in my opinion it ought to be. Perhaps governmental oversight is actually the problem and not the cure, for it is painfully obvious that the issues causing the abuse have not been eradicated.
Exactly.
That sure does not sound like the answer to a tragic, complicated and common problem. At least it sounds like we need to rethink in a huge way, what oversight looks like for the child, once taken away.
Government has its limitations, despite good intentions. The real problem is human nature.
Yes, and unfortunately, we tend to let ourselves think if the government is involved, all is well.