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Choctaws fight to preserve authority over Native American adoptions

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Choctaws fight to preserve authority over Native American adoptions

A challenge to a decades-old federal law that aims to keep Native American children and their families together is before the , and it has the potential to impact tribes around the country, including thosein Mississippi.

The Indian Child Welfare Act governs child custody of Native children. If a child is removed from their , the act sets preferences to place the child with another family member, another member of the tribe or a different tribe.

The case Brackeen v. Halaand before the Supreme Court challenges these preferences. Three pairs of non-Native foster parents and three states are suing the federal government and five tribes, arguing the act discriminates against non-Native people based on race.

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Tribes including the Mississippi Band of Choctaw Indians are watching the case and see more at stake than adoption.

“As the only federally recognized tribe in the State of Mississippi, our 11,000 plus members are descendants of those members who chose to remain here in Mississippi to preserve our cultural heritage on our ancestral homelands,” the tribe said in a statement. “Today, just as in the past, the preservation and security of our tribe, and our tribal children and families are of utmost importance.”

The Supreme Court heard oral arguments in November and is expected to make a ruling next year.

ICWA was created in response to the mistreatment of generations of Native American people by the government, including the enrollment of children in boarding schools where they were forced to abandon their religion and culture and the adoption of children out of tribes.

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When the act passed in 1978, between 25% and 35% of all Native children were taken from their families and put in foster homes, up for adoption or into institutions, according to surveys by the Association on American Indian Affairs. They were often placed with non-Native and white families.

ICWA gives tribes the opportunity to be notified about cases involving Native American children and to intervene. It established a process for transferring child custody cases to tribal court.

The act recognizes that tribes have sovereignty and exclusive jurisdiction over their members who live on tribal land or are domiciled there. The act's standards also apply to Native child custody proceedings in state court for those who don't live on tribal lands.

During Senate committee hearings about Indian child welfare in the late 1970s, then Choctaw Chief Calvin Isaac testified that raising Native children in non-Native homes reduces tribes' chances of survival.

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The tribe still a similar view and says ICWA helps tribes maintain sovereignty by ensuring they have the opportunity to protect and preserve the wellbeing of their children.

“Children are tribal communities' most valuable resource since the language, culture, and traditions that make those communities unique are passed down from generation to generation,” the Mississippi Band of Choctaw Indians said in a statement.

The Mississippi Department of Child Protective Services, which oversees foster care and adoption in the state, recognizes ICWA and has developed policies and procedures for how to handle cases with Native children and follow the act.

This includes giving the Mississippi Band of Choctaw Indians or any tribe that a child belongs to the right to assume jurisdiction of the child. The department also signed a memorandum of understanding with the tribe in 2020.

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In the Supreme Court case, two couples from Texas and Nevada were successfully able to adopt Native American children, even after challenges from the tribes where the children were eligible for membership.

Another plaintiff, a Minnesota , tried to adopt a child who was placed with her grandmother, who is a member of the White Earth Band of Ojibwe. The grandmother eventually adopted the girl.

During oral arguments in November, attorneys representing the plaintiffs challenging ICWA argued a number of issues with the act, including that it violates equal protection through racial discrimination and goes beyond the powers given to to regulate Native American affairs.

Another issue challengers brought up is whether Native Americans should be classified politically through tribes or racially through their ancestry.

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Ian Gershengorn, the attorney representing the five tribes in the Brackeen case, told the justices during oral arguments that tribal self-government is at the core of ICWA. All federally recognized tribes and members of those tribes have a common political relationship with the United States, which he said is why a political classification is more appropriate than a racial one.

In court documents, defendants have expressed concerns that a challenge to the act could reduce the legal rights of tribes in issues including environmental regulations, land and gaming.

Ashley Landers is a professor in the human development and family science program at Ohio State University who studies child welfare of Native children. She wonders what protections for Native children will remain if ICWA is overturned or drastically changed. 

“What are the protections in place to try and right this historic wrong?” Landers said. “We need to have ownership of what we've done to Native families.”

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Some researchers and advocates want to shift the focus from adoptive parents to adoptees by the Supreme Court consider the impact on Native American children in foster care and adoption.

Sandy White Hawk, an adoptee from the Sicangu Lakota Tribe in South Dakota, is founder of the First Nations Repatriation Institute in Minnesota. She is also research partners with Landers.

The institute serves as a resource for Native people impacted by foster care or adoption, and it supports family and cultural reunification and community healing and offers technical assistance, research, education and advocacy.

“It's still ,” White Hawk said about the adoption of Native American children out of their tribal communities. “Children are still being taken.”

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She was placed with a white missionary couple who she said saw her adoption as a way of saving her. In that family, White Hawk endured physical and sexual abuse and grew up hearing her Native American heritage spoken about negatively.

White Hawk and Landers have researched the experiences of Native Americans, including mental outcomes of Native adoptees and the kind of abuse they experience in foster care and adoptive homes.

In one of their papers submitted to the Supreme Court in Brackeen v. Haaland, they found that Native American adoptees are more likely to report self harm and suicidal ideation to white adoptees. Their research found Native adoptees have the unique context of historical trauma, assimilation and systemic child removal that suggests their mental health outcomes would differ from adoptees of other races.

“Adoption is complex and has grief and loss and it impacts everyone, but the person who gets the least and resources is the adoptee,” White Hawk said, adding that adoptees are often expected to feel grateful about their adoptions.

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Landers said it's a false narrative that taking Native children from their homes will result in them living a better life. Instead, resources should be allocated to help families stay together and prevent removal, Landers said.

This isn't the Mississippi Choctaws' first Supreme Court case. Over 30 years ago, the tribe brought a case that helped interpret ICWA and define tribes' role in the custody of Native American children.

In Mississippi Band of Choctaw Indians v. Holyfield, the court ruled that through the ICWA, tribal courts have the power to hear adoption proceedings for Native children.

The case started when the tribe appealed the adoption of twins born to Choctaw tribe members who lived on reservation land in Neshoba County. The children were born hundreds of miles away in Harrison County, and the children's parents agreed to their adoption by a non-native couple, the Holyfields.

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The U.S. Supreme Court ruled in 1989 that tribes have jurisdiction over children domiciled on a reservation based on tribe membership or eligible membership, even if they aren't physically present there. As a result, the Harrison County Chancery Court didn't have the jurisdiction to approve the adoption for the twins.

“MBCI was party to the first U.S. Supreme Court case to uphold ICWA and has continued to support Congress's constitutional duty to uphold the sovereignty of Indian tribes by joining a brief supporting the tribes involved in the latest U.S. Supreme Court case challenging ICWA,” the tribe said in a statement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1964

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mississippitoday.org – Jerry Mitchell – 2024-04-26 07:00:00

April 26, 1964

Aaron Henry testifies before the Credentials Committee at the 1964 Democratic National Convention. Credit: Wikipedia

activists started the Mississippi Democratic Party to Mississippi's all-white regular delegation to the Democratic National Convention. 

The regulars had already adopted this resolution: “We oppose, condemn and deplore the Civil Rights Act of 1964 … We believe in separation of the races in all phases of our society. It is our belief that the separation of the races is necessary for the peace and tranquility of all the people of Mississippi, and the continuing good relationship which has existed over the years.” 

In reality, Black had been victims of intimidation, harassment and violence for daring to try and vote as well as laws passed to disenfranchise them. As a result, by 1964, only 6% of Black Mississippians were permitted to vote. A year earlier, activists had a mock election in which thousands of Black Mississippians showed they would vote if given an

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In August 1964, the Freedom Party decided to challenge the all-white delegation, saying they had been illegally elected in a segregated and had no intention of supporting President Lyndon B. Johnson in the November election. 

The prediction proved true, with White Mississippi Democrats overwhelmingly supporting Republican candidate Barry Goldwater, who opposed the Civil Rights Act. While the activists fell short of replacing the regulars, their courageous stand led to changes in both parties.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawmakers work to revive MAEP rewrite, PERS changes as session nears end

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mississippitoday.org – Bobby Harrison – 2024-04-26 04:19:00

Lawmakers are working to revive a proposal to rewrite the long-standing Mississippi Adequate Education Program that provides the 's share of the basics to operate local school districts.

A resolution to revive the measure in the final days of this legislative was passed by the Senate and is pending in the House.

The resolution also would revive an effort to strip away the power of the Public Employee Retirement System Board to increase the amount state and local governments contribute to Mississippi's pension program. While stripping away the board's authority, the in the resolution would commit to infusing more cash into the retirement system.

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The resolution, which is needed before either of the two pivotal issues can be taken up this late in the session, still must pass the House. Speaker Jason White, R-, said the House could take up the resolution in the coming days.

White added that there is a possibility this legislative session, set to end within about a , might be extended, which also would require a resolution. Such a resolution would not necessarily mean the Legislature stays in for additional days, but would give the option for the Legislature to recess and come back at a later date.

The Senate resolution that spelled out what would be in the new legislation included an objective funding formula to ascertain the amount of money needed to operate a school.

House leaders have been insistent on rewriting MAEP this session. Senate leaders were equally insistent that any rewrite of the school funding formula include an objective method of determining the base student cost – the amount of money provided to each school per student.

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The original House bill did not include an objective formula. But the resolution does include such a formula. Any final bill passed based on the resolution could change the language in the resolution.

Senate Education Chairman Denis DeBar, R-Leakesville, said the proposed education funding compromise includes key elements from both the House and Senate plans.

“It has a major priority of the Senate – an objective funding formula,” he said. “The formula will give school districts predictability in terms of their funding levels.”

He said the formula would be easier for some to understand than MAEP.

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Plus, DeBar said the formula would provide “weights” or additional funding to educate who fall into specific categories, such as low income students. Providing additional funds for certain categories of students was a key proposal of the House,

On Thursday, House Education Chair Robertson, R-Starkville, said he was still studying the proposed education formula rewrite compromise, but said “we're close.”

The same resolution also includes language reviving issues concerning the state's massive Public Employees Retirement System. The language in the resolution, which again could be altered in the , strips away the authority of the board that governs PERS to unilaterally increase the amount of money governmental entities, both state and local, pay into the public employee pension program.

Instead, the board, which consists primarily of people elected by public employees and retirees, could only make a recommendation to the Legislature to increase the amount governmental entities pay into the system.

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An original House bill would have dissolved the existing PERS Board and replaced it with a board consisting primarily of political appointees. The House bill caused an uproar among members of PERS, which consists of about 365,000 current government employees, retirees and others who are eligible for benefits when they retire.

The Senate killed the House proposal, but later passed a measure stripping away a significant portion of the PERS Board's authority.

The issues surrounding PERS have come to the forefront this session after the board voted to increase by 5% over three years the amount government entities contribute toward the paycheck of each employee. Various agencies, especially and county governments, complained they could not afford the increase that would require them to raise taxes and-or cut services.

The PERS Board said the increase is needed, based on recommendations of financial experts, to address a possible long-term funding shortfall facing the system. Some, though, argued the board overreacted based on a short-term financial snapshot of the system.

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While stripping away the authority from the board, the resolution calls for the Legislature to provide PERS with an infusion of cash to offset the revenue loss by preventing the 2% increase in the employer contribution rate from being enacted. A 2% increase would cost state and local governments about $150 million.

In the resolution, the Legislature would commit to providing a .5% increase in the employer rate each year for five years. But it would be paid with state tax dollars by the Legislature instead of county and city governments and school districts.

The passage of the suspension resolution would indicate the House and Senate are close to agreement on two of the major issues facing the Legislature as the scheduled end of the 2024 session approaches.

The new formula for per-student funding from the state would be based on the average teacher's salary and number of students enrolled.

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Then, the districts would get additional funds for administrative expenses, ancillary personnel and maintenance.

After that the schools would get a specified amount of additional funds in various categories, such as for special education students, low income students, non-English learners and other categories.

DeBar said under the proposed rewrite of MAEP, local schools would get about $220 million more than they received for the current fiscal year. That amount would be about $30 million less than the MAEP would have provided for the upcoming year if fully funded. The original House plan to rewrite MAEP would include an amount that was close to what MAEP would have generated if fully funded.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Senate negotiators a no-show for second meeting with House on Medicaid expansion 

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mississippitoday.org – Taylor Vance – 2024-04-25 16:36:08

Senate leaders did not attend a second conference committee meeting with their House counterparts on Thursday to try and compromise on a final bill to expand coverage to poor

House Medicaid Chairwoman Missy McGee, a Republican from Hattiesburg, said she was disappointed the three Senate negotiators didn't attend the meeting because she expected to hear an on where the chamber stood on reaching a compromise.

“Those of you who are looking for information, so are we,” McGee said. “Just know the House stands ready to negotiate this very important issue. We are here at the Capitol, and we're hoping that we'll be able to have some conversations later and later and in the final days of the . Thank you for coming and sorry to have wasted your time.” 

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Senate Medicaid Chairman Kevin Blackwell, a Republican from Southaven who is one of the Senate negotiators, did not answer questions from reporters about the conference committee as he walked out of a separate Senate committee meeting. But he said the Senate was “working on a compromise.” 

After the meeting, McGee told reporters she notified Blackwell on Wednesday that she was scheduling the second conference meeting for Thursday, but she was not sure if the senators would attend or not. 

“I was hoping we were able to meet again, even if it was briefly,” McGee said. “I didn't hear anything from the Senate yesterday, so I was hoping we would be able to discuss today.” 

The House and Senate are in negotiations on a final expansion bill because the two chambers earlier in the session passed vastly different proposals. 

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The House's initial plan aimed to expand health care coverage to upwards of 200,000 Mississippians, and accept $1 billion a year in federal money to it, as most other states have done.

The Senate, on the other hand, wanted a more restrictive program, to expand Medicaid to cover around 40,000 people, turn down the federal money, and require proof that recipients are working at least 30 hours a

The negotiators met publicly for the first time on Tuesday, but the six lawmakers remained far apart from a final deal. 

The Senate simply asked the House to agree to its initial plan. But the House offered a compromise “hybrid” model that uses public and private insurance options to implement expansion. The Senate negotiators on Tuesday were mostly noncommittal on the hybrid compromise.

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House leaders, such as Republican Rep. Sam Creekmore IV of New Albany, have said they are willing to compromise on a final plan with the Senate, but they want an agreement that covers people up to 138% of the federal poverty level to receive the full 90% matching rate from the federal .

“Here we are with a to receive 90 cents on the dollar if we give 10 cents, and that's it,” Creekmore said. “I don't know of a business who would not take that. Yet we're going to turn that down? On the House side, we're not willing to turn that down.” 

Lawmakers face a Monday deadline to file an initial compromise plan on Medicaid expansion, though that deadline could be suspended if two-thirds of the legislators in both chambers agree to suspend the deadline. 

House Speaker Jason White, a Republican from , told reporters he wished the Senate negotiators would have attended the Thursday meeting, but he's still optimistic the two chambers can agree on a final deal.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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