Enforce ICWA in South Dakota; Reunite Lakota Children with their Native Culture

( – promoted by navajo)

Petition: http://salsa3.salsalabs.com/o/…

NPR broadcast: http://www.npr.org/2011/10/25/…

An estimated 700 children a year are being illegally seized by the government in violation of the federal law and family rights and placed in the care of white families outside of the Native-American community, despite the fact that many of these children have family members within the tribe who are willing to care for them. Through out American history, Native American families have been separated and torn apart by the American government.  In 1978, the Indian Child Welfare Act (ICWA) was agreed upon in order to put an end to the cultural genocide and the governmental kidnapping of children.  35 years later, however, ICWA is still being ignored by government officials, and Native American families are still being torn apart. Children are being deprived of their cultures; they are being relocated and given completely new identities in non-Native American families.

In South Dakota, the Child Protective Services have been blatantly violating ICWA and have been removing Native American children without properly notifying parents or family members who may be able to take the children.  ICWA specifically states that if Native American children must be removed from their parent’s care, they must be placed with a Native-American household so as to preserve their culture.  Here are just a few important facts about the issue in South Dakota:

- Native Americans make up 15% of South Dakota population, but 50% of foster children.

9 out of 10 Native American children are placed in Non-Native American foster care

– The state claims to be doing its best to uphold ICWA, but there are many Native-American foster families that have been given no children what-so-ever.

– Less than 12% of the kids in the South Dakota foster system have been actually physically abused.

– the vast majority of the Lakota people are seized for “neglect”.  Many believe that the state’s definition of neglect is culturally biased against the Lakota.

– South Dakota is removing 3 times more children than any other state

The 9 Sioux Tribes held a summit in May; Washington Officials, Congress staff members, and attorneys from the civil rights division were present, but no one from the state of South Dakota appeared to make a statement.  
There are several movements going on currently to resolve to problem in South Dakota and ensure that the state follows the federal law.  

Petition: http://salsa3.salsalabs.com/o/…

This NPR broadcast does an excellent job of laying out the issue, as well as revealing heart-breaking interviews with Lakota families who are experiencing the injustices.  


The non-profit organization Lakota People’s Law Project is also currently working to address these issues and bring a case against the state of South Dakota.

Donations: https://salsa3.salsalabs.com/o…

Bring Kailey Home

On Friday July 13, 2012 my daughter, Kailey Anne-Marie Martin was ripped away from me after the Centralia, WA police department kicked in my door on a Writ of Habeas Corpus and an Aid of Writ of Habeas Corpus for a default judgment in 2010 that I was NEVER served with, this is wrong! California Superior Court Rule 5.124(b) Request for Default states:

“For the purpose of computing the declaration

of mailing, unless was by publication and the address of the respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.”

Commissioner Tracey Mitchell of the Lewis County Superior Court issued this bogus Writ of Habeas Corpus. When I had informed Commissioner Mitchell that I was never properly served she merely shrugged her shoulders. I also informed Commissioner Mitchell that both Kailey and I are registered Native Americans and that I had rights under the Indian Child Welfare Act, Commissioner Mitchell responded with, “I don’t recognize Native American laws in my court. AGAIN this is wrong!

The alleged father states in a declaration that I was served with in May of 2012:

“On or about 2/26/2010, after saving up more money, I went back to court and was unable to get Ms. Martin served due to her whereabouts being unknown.”

This statement was entered as evidence to the San Diego Superior Court and yet the alleged father was STILL granted a default judgment awarding him 100% sole custody of my daughter, Kailey, even though he stated for the record that he NEVER had me served.

Ever since I was served in May 2012 I have filed all the appropriate responses/ answers, made requests for telephone appearances due to indigence, and requested counsel all of which were denied by the San Diego Superior Court.

The “Bring Kailey Home” Foundation has been established to reunite a mother with her daughter who was UNJUSTLY taken from her. My right to due process was completely denied! Please show your support by liking us on Facebook, Bring Kailey Home, or I can be personally contacted via call/text at 541-272-7592





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