NCAI Indian Health & Social Welfare Concerns Committee Policy Resolution #10 - Inter-State Placement of Indian Children 10/22/76
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               NATIONAL CONGRESS OF AMERICAN INDIANS

         INDIAN HEALTH & SOCIAL WELFARE CONCERNS COMMITTEE

                     Policy Resolution No. 10
             INTER-STATE PLACEMENT OF INDIAN CHILDREN
                     Adopted October 22, 1976

WHEREAS, the inter-state placement of Indian children out of their 
         own homes into the homes of others, especially non-
         Indians, whether for foster care, adoptive, educational 
         and other purposes is of grave concern to tribal 
         governments in particular, and Indian people in general, 
         because of the effects of such placements on the family 
         life of Indian people and the unique legal-social status 
         and rights of Indian people derived from tribal 
         sovereignty, treaties, the U.S. Constitution and Federal 
         Laws; and 

WHEREAS, to the knowledge of this convention, there are no laws or 
         regulations protecting the above rights of Indian 
         families and children; and 

WHEREAS, in fact, the American Public Welfare Association sponsors 
         the inter-state compact on the placement of children 
         organization who have the responsibility to protect the 
         rights of all children and their families; and 

WHEREAS, the Church of the Latter-Day Saints social services 
         program operates an Indian Education Program which caused 
         approximately 2,300 Indian children from reservations to 
         be sent across state lines in September 1976; and other 
         church-affiliated programs and public agencies are also 
         causing an indeterminate number of Indian children to be 
         sent across state lines for any number of reasons; and 

WHEREAS, the Church of Latter-Day Saints social services program 
         has requested the Interstate compact organization to be 
         exempt from the existing compact regulations, or that 
         simplified procedures be adopted with respect to the 
         handling of Indian children sent from one state to 
         another; and 

WHEREAS, to the knowledge of this Convention, there are no compact 
         regulations acquiring documentation to the sending and 
         receiving state of a signed consent of the Indian parents 
         and children to be removed from their homes; nor is there 
         any documentation that such placements are done with the 
         knowledge and support of Tribal governments; 

WHEREAS, the secretariat of the Inter-State compact organization 
         is currently considering the request of the LDS Indian 
         Education Program for exemption from compact regulations 
         related to Indian children; and 

WHEREAS, the western states compact administrations will be 
         meeting in Denver on November 5, and the American Public 
         Welfare Association will be addressing the issue at their 
         annual convention in early 1977; and 

WHEREAS, immediate representative Indian involvement is needed to 
         correct any destructive inter-state placements of Indian 
         children and to establish on-going protective regulations 
         governing such placements; and 

WHEREAS, the Bureau of Indian Affairs, and DHEW have the 
         responsibility to protect Indian children, families, and 
         tribes against destructive placement practices; and 

WHEREAS, the American Public Welfare Association, State Social 
         Service Agencies, private Social Service Agencies, and 
         church-related programs also have the obligation to 
         respect the unique legal-social status of Indian 
         children, families and tribes; 

THEREFORE, BE IT RESOLVED that the 1976 NCAI Convention authorizes 
         the Executive Director of NCAI to immediately organize a 
         method to protect the rights of Indian children, families 
         and tribes; and to provide monitoring second evaluation 
         by Indian people, designated by the child's tribe to 
         ascertain the child's social well-being. 

BE IT FURTHER RESOLVED that the Commissioner of BIA, Secretary of 
         Interior, Secretary of DHEW, President Ford, and Governor 
         Carter and Senator Mondale receive telegrams from the 
         Executive Director, requesting their direct intervention 
         and support of NCAI in this effort. 

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