The work of our Cherokee foster parents, child
welfare workers and advocates is near and dear to my heart. It is an issue that
deserves our daily attention. Cherokee people have always believed our children
are sacred and their care is a shared responsibility. Each and every Cherokee
child is precious and ensures our collective continued existence.
Sadly, there are more than 1,800 Cherokee children
in foster care, with 1,100 of those children living right here in Oklahoma.
Unfortunately, we are at a crossroad, with more children in custody than
Cherokee foster homes available. The importance of placing Cherokee children in
Cherokee foster homes is vital. Not only do our children deserve the right to
grow up in a safe, loving environment, but they deserve the right to maintain
their tribal ties to Cherokee values and culture.
Removal of our people from our homelands more than
175 years ago is one of the saddest parts of not just Cherokee history, but one
of the darkest chapters in all of American history. The Trail of Tears created
a long-lasting trauma for generations of Cherokee people, and we are still seeing
the effects of it today. One of the most gut-wrenching ways is the trauma of a
child in need of family.
Since those dark days of removal, foster care has
been a sad but necessary reality, and although it may look different than our
tragic historic event, removal is still happening to our Cherokee children when
they are plucked from unsafe environments. Unfortunately, there are times when
our children are in unsafe situations and need an extra measure of support. Sometimes
abuse and neglect can be repeated without interruption across several generations.
When this happens, it is necessary to remove children for their well-being in
order to facilitate a healing process, with the hope of family reunification.
Temporary foster care is critical in the process. It
literally saves kids and families, and without intervention there is little
chance for family healing.
These rights are protected under the Indian Child
Welfare Act of 1978, which mandate certain placement preferences occur should an
Indian child become deprived and warrant removal from their home. In the
placement preferences listed, citizens of a child’s tribe are listed as the second
consideration, after family. For tribes nationwide, including the Cherokee
Nation, protecting our children though ICWA is not simply a juvenile issue, it
is also a tribal sovereignty and family rights issue.
Just last week, the Department of Interior issued
strengthened ICWA regulations that will better protect the rights of Indian children, their parents
and their tribes in state child welfare proceedings. The provisions ensure
identification and tribal notification when Indian children are involved in
state court custody proceedings and recognize Indian children are best served
when ICWA is strictly enforced. Most important, the new regulations instruct
state courts on how to provide reunification services to meet the ultimate goal
in all foster care cases: reunification of the family.