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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