Transracial and International Adoptions
The Rost Case
(Links updated 8/01/03
- D.P.)
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The Rost case revolves around two
twins who are part Native American, and the battle of their tribe, the Dry Creek
Rancheria, to invoke the Indian Child Welfare Act and have the children removed
from their adoptive home and placed with their grandmother. The tribe won the
case initially, but lost in appeal on January 18, 1996. You can read the entire
opinion from the California Appeals Court
now. This case led many in the community to put pressure on the government to
amend the ICWA, and several bills ensued that would have seriously undermined
the First Nations' right to self-determination. In response,the National Congress
of American Indians came up with their own amendments to the ICWA. These competing
philosophies are still dueling it out in the United States legislature. I encourage
everyone to read the bills, detailed below, and to view the other links in this
category.
Titles 1 and 2 of "The Adoption Promotion
and Stability Act of 1996" were added to the Small Business Protection and Minimum
Wage Increase Act , and signed into law in August of 1996. Title I and II were
the sections dealing with the Adoption Tax Credit and with removing racial barriers
to adoption. Title III, amending the Indian Child Welfare Act, was not included.
Those amendments, sponsored by Congressprsns. Pryce and Tiahrt, did not have
the support of a single First Nation, and were struck from the Senate version
of the bill in committee. The Senate Indian Affairs Committee began hearing
testimony on June 26th, 1996 to the alternative ICWA amendments that were proposed
by the National Congress of American Indians. You can read the proposed NCAI
amendments here. Sen. John McCain submitted a bill that
includes most of the language the NCAI proposed, S. 1962, which passed the Senate
on 9/27/96. the House was to consider the companion Bill to s.1962, H.R 3828,
introduced by Rep. Don Young of Alaska, however Congress adjourned before it
could be considered, thus killing the bill's chances. Because S. 1962 did not
include language specifically prohibiting the use of the "Existing Indian Family
Doctrine," it did not have unqualified support among Native American activists.
In 1997, another version of ICWA amendments were introduced. These amendments
largely have the support of the American Indian Community, as well as the National
Indian Child Welfare Association.
S. 569 and HB 1082 (companion bills), have as of January, 1999, been unable
to make it out of Committee and to the floor of the House or Senate for a vote.
Primary opposition comes from WA Senator Slade Gorton, long an enemy of the
First Nations, as well as the
National Council for Adoption, a radical group composed of private adoption
agencies, who is also the nemesis of the Adoptee Activist community. The NCFA
would like to gut ICWA so that it would only apply to on-reservation, involuntary
child custody proceedings.
More information on ICWA and proposed amendments is available at the National
Indian Child Welfare Association and the Indian
Child Welfare Law Center.
Please contact your Senators
and Representatives,
and tell them you support SB 569 and HB 1082. Please also read the Indian
Child Welfare Act of 1978 for further understanding of the issues. Also
of interest are the following articles on ICWA.
AKA
World Intercountry Adoption Community, well-organized with lots of information,
particularly for Korean-born adoptees
ICHILD
India adoption information and resources
The Krasniqi case
This tragedy, in which two children were taken from their Muslim parents
on the basis of sexual abuse charges against the child's father, Sadri (Sam)
Krasniqi (of which he was later acquitted), and adopted by a Christian family
who forced the children to convert, has been documented recently on the ABC
news show, 20/20. You can find additional details on the case at a few places
on the Web, including CAIR
, the Council on American-Islamic Relations, which has provided ongoing
information through their action alerts.
The judge that terminated the parental rights of the Krasniqis, Harold Gaither,
has continued to voice his opinions on the case through the media as public
opinion has been solidly on the side of the wronged Krasniqis. Appeals from
individuals and organizations continue to pour into media outlets and the offices
of individuals associated with the case.
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