The Lakota People’s Law Project is currently preparing to file a federal civil lawsuit on behalf of tribes and families whose rights under the Indian Child Welfare Act have been violated by the state of South Dakota. In partnership with the Arendt-Fox firm in Manhattan we are conducting a legal investigation and compiling court-admissible evidence.
This effort—to rescue Lakota children that have been illegally removed from their tribes, homes and families—comes after five years of research, investigation, and organizing with South Dakota’s Native American community. During that time our work has passed through several phases, as we discovered the magnitude and severity of the challenges in South Dakota, developed long-term objectives for holistic solutions, and honed our focus on the immediate need to secure the return of a generation of Lakota heirs.
There are three ongoing components to our work as we build toward the lawsuit:
INVESTIGATION (Court-Admissible Evidence)
Recently, NPR aired a 3-part series on the placement of Native American children under the Indian Child Welfare Act (ICWA). While the results of their investigation are profoundly disturbing, it is promising that they uncovered much of the same information that we have. Here are some of the report’s starkest revelations:
A majority of states are failing to abide by ICWA in one way or another, with South Dakota being one of the worst violators.
Nearly 700 Native American children in South Dakota are removed from their homes every year, sometimes under questionable circumstances.
South Dakota removes Indian children at a rate higher than almost any other state in the country.
The state has a financial incentive to remove children, receiving thousands of dollars from the federal government for every child it takes from a family, and in some cases getting even more money if the child is Native American.
The state is largely failing to place Indian children according to the law, and more than 2,200 Lakota children in foster care in South Dakota are in non-native homes or institutions.
While Native American children make up less than 15 percent of the child population in South Dakota, they make up more than half of the children in foster care.
The separation of children from their tribe, culture, and family is often traumatic; by the time they reach 20 years of age, 60% of Indian children who grow up in state care are homeless, in prison, or dead.
From our own investigations, we have assembled hundreds of case files on parents, grandparents, aunts, uncles, and other relatives whose rights to care for these children have been denied. We have also learned that the severity of the problem in South Dakota is the result of darkly immoral and corrupt behavior on the part of state officials. Indeed, many of the state’s practices were based on an illegal executive order issued by then-Governor Bill Janklow in 2001. During Janklow’s tenure, the total amount of money received by South Dakota for Indian children in state custody totaled more than $3.7 billion. Each year the state prescribed more than $62 million of pharmaceutical drugs to these children; Many of those drugs are associated with depression and increased risk of suicide.
PUBLIC POLICY (ICWA Amendment Initiative)
Putting a stop to South Dakota’s egregious practices, and holding state officials accountable, is an essential step in rescuing Lakota children. At the same time, we know that the taking of Indian children is a systemic problem that date back many generations. In order to both increase the efficacy of any class-action lawsuit and to help ensure future compliance with ICWA in South Dakota and throughout the country, the Lakota People’s Law Project is undertaking an initiative to fix a structural flaw in the system by amending the Indian Child Welfare Act to ensure that American Indian families and tribes have recourse to enforce their rights in federal court.
Begun in 2009, our ICWA Amendment Initiative received the support of the Great Plains Tribal Chairmen’s Association as well as the unanimous endorsement of the National Congress of American Indians. We are currently seeking a sponsor for the bill on the Senate Committee on Indian Affairs and will soon launch a grassroots lobbying effort in support of the law.
ORGANIZING (Grandmother’s Outreach Program)
The current focus of our organizing work is the Grandmothers Outreach Program led by Madonna Thunder Hawk. This program assists grandparents who have been trying to get their grandchildren out of state institutions and non-native foster care settings.
In addition to direct organizing and technical assistance in South Dakota, LPLP provides tools to all Indian parents and relatives who are facing the removal of a child by their state’s department of social services. In 2009 we published a step-by-step guide in plain, easy to understand language that helps individuals navigate the sometimes complicated processes of ICWA. As a result of Madonna’s work in, this year six children have been successfully placed in the care of their grandparents.
Our Work
The Lakota People’s Law Project is currently preparing to file a federal civil lawsuit on behalf of tribes and families whose rights under the Indian Child Welfare Act have been violated by the state of South Dakota. In partnership with the Arendt-Fox firm in Manhattan we are conducting a legal investigation and compiling court-admissible evidence.
This effort—to rescue Lakota children that have been illegally removed from their tribes, homes and families—comes after five years of research, investigation, and organizing with South Dakota’s Native American community. During that time our work has passed through several phases, as we discovered the magnitude and severity of the challenges in South Dakota, developed long-term objectives for holistic solutions, and honed our focus on the immediate need to secure the return of a generation of Lakota heirs.
There are three ongoing components to our work as we build toward the lawsuit:
INVESTIGATION (Court-Admissible Evidence)
Recently, NPR aired a 3-part series on the placement of Native American children under the Indian Child Welfare Act (ICWA). While the results of their investigation are profoundly disturbing, it is promising that they uncovered much of the same information that we have. Here are some of the report’s starkest revelations:
From our own investigations, we have assembled hundreds of case files on parents, grandparents, aunts, uncles, and other relatives whose rights to care for these children have been denied. We have also learned that the severity of the problem in South Dakota is the result of darkly immoral and corrupt behavior on the part of state officials. Indeed, many of the state’s practices were based on an illegal executive order issued by then-Governor Bill Janklow in 2001. During Janklow’s tenure, the total amount of money received by South Dakota for Indian children in state custody totaled more than $3.7 billion. Each year the state prescribed more than $62 million of pharmaceutical drugs to these children; Many of those drugs are associated with depression and increased risk of suicide.
Our investigative and legal activities are supported through the Lakota Child Rescue Fund.
PUBLIC POLICY (ICWA Amendment Initiative)
Putting a stop to South Dakota’s egregious practices, and holding state officials accountable, is an essential step in rescuing Lakota children. At the same time, we know that the taking of Indian children is a systemic problem that date back many generations. In order to both increase the efficacy of any class-action lawsuit and to help ensure future compliance with ICWA in South Dakota and throughout the country, the Lakota People’s Law Project is undertaking an initiative to fix a structural flaw in the system by amending the Indian Child Welfare Act to ensure that American Indian families and tribes have recourse to enforce their rights in federal court.
Begun in 2009, our ICWA Amendment Initiative received the support of the Great Plains Tribal Chairmen’s Association as well as the unanimous endorsement of the National Congress of American Indians. We are currently seeking a sponsor for the bill on the Senate Committee on Indian Affairs and will soon launch a grassroots lobbying effort in support of the law.
ORGANIZING (Grandmother’s Outreach Program)
The current focus of our organizing work is the Grandmothers Outreach Program led by Madonna Thunder Hawk. This program assists grandparents who have been trying to get their grandchildren out of state institutions and non-native foster care settings.
In addition to direct organizing and technical assistance in South Dakota, LPLP provides tools to all Indian parents and relatives who are facing the removal of a child by their state’s department of social services. In 2009 we published a step-by-step guide in plain, easy to understand language that helps individuals navigate the sometimes complicated processes of ICWA. As a result of Madonna’s work in, this year six children have been successfully placed in the care of their grandparents.