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Carmine Telep- Adoptive Couple v. Baby Girl (Culture (During the trial,…
Carmine Telep- Adoptive Couple v. Baby Girl
Mixed Economy
Native Americans are in the middle or lower middle economic class. Their income tends to be in the middle when looking at all household incomes. The
2016 ACS shows stubbornly high Native American poverty and different degrees of economic well-being for Asian ethnic groups
states, "Between 2015 and 2016, the real median household income for Native Americans increased 1.8 percent to $39,719. This was 69 percent of the national average in 2016 and $1,194 (-2.9 percent) lower than the group’s 2007 pre-recession level." This shows that the Native Americans often find themselves facing poverty and financial problems.
https://www.epi.org/blog/2016-acs-shows-stubbornly-high-native-american-poverty-and-different-degrees-of-economic-well-being-for-asian-ethnic-groups/
Explore the public, private and non-profit dimensions of the
economic life of a Native American reservation
The Native Americans often gain money fro casinos. However, casinos also make Native Americans poorer. As stated in The Economistt's article
Of Slots And Sloths,
"These payments can be destructive because the more generous they become, the more people fall into the trap of not working." The casino's members gain profits from the casino when their members aren't working. When they aren't working, the members get less money than those who are.
https://www.economist.com/united-states/2015/01/15/of-slots-and-sloth
The casinos increase the number of people living on or near the reservations, but they decrease the number of workers due to their payments to unemployed members of their tribe and casino. As stated in
The Social and Economic Impact of Native American Casinos,
"Examining the effects of casinos after at least four years of operation, the authors find that positive changes include: young adults moving back to reservations, fueling an 11.5 percent population increase; adult employment increasing by 26 percent; and a 14 percent decline in the number of working poor."
http://www.nber.org/digest/feb03/w9198.html
Case Precedent
Locate relevant cases that lead to this one throughout the
19th, 20th & 21st centuries
Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) was a trial where the Choctow Indians were going to trial for custody of twin children who were Native American, but weren't technically born on an Indian territory. As stated on
the Justia website, "After the twins' births in Harrison County, some 200 miles from the reservation, and their parents' execution of consent-to-adoption forms, they were adopted in that county's Chancery Court by the appellees Holyfield, who were non-Indian." The Indian Tribe regained custody of the twins as a result of the trial. This is a trial regarding ICWA from the 20th century.
https://supreme.justia.com/cases/federal/us/490/30/#tab-opinion-1957942
Talton v. Mayes, 163 U.S. 376 (1896) was a trial about the Native American children being removed unjustly from their homes. The trial resulted in the information that the Fifth amendment in the constitution, as stated by Justia, “does not apply to local legislation of the Cherokee nation, so as to require all prosecutions for offenses committed against the laws of that nation to be initiated by a grand jury in accordance with the provisions of that amendment .” This is another trial that was similar to ICWA in the 19th century.
https://supreme.justia.com/cases/federal/us/163/376/
Culture
During the trial, Veronica's real father used the idea of family to regain custody of Veronica. He talked about how he wanted to put his family back together. Dustin, the biological father, talked about the importance of family and how much family means to him.
https://www.wnycstudios.org/story/more-perfect-presents-adoptive-couple-v-baby-girl
Family values
As stated by Oyez, "the biological father was a registered member of the Cherokee Nation," which gave the father the upper hand because of ICWA. The trial was effected majorly by Veronica's and her biological father's Native American ethnicities. ICWA made it easier for an Indian parent to regain custody of their child, than parents of another race trying to get back custody of their child. As stated by Oyez, "a non-custodial parent cannot invoke the ICWA to block an adoption voluntarily and lawfully initiated by a non-Indian parent," which makes their Indian heritage a real Trump card in court.
https://www.oyez.org/cases/2012/12-399
attitudes about race, gender and/or social class
The media made it seem like the real father hadn't wanted Veronica until this. It's depict as if the real parents wanted nothing to do with Veronica, but the father did, in fact, want his daughter. He was wrongly depicted by the media. NPR described the trial as, "emotional custody battle." They also described the trial's outcome as, "good news for Veronica's biological mother..."
https://www.npr.org/sections/codeswitch/2013/06/26/195787510/Supreme-Court-Sides-With-Adoptive-Family-In-Dispute
Media depiction, framing and imagery
Participatory Democracy (Rule of Law, Separation of Powers, Federalism)
Branches of Government? Departments and Agencies? State Government?
The legislative branch of government is responsible for, as stated by Saylor, "creating statutory laws. " This means that the legislative branch is responsible for passing ICWA. Although there were contributions to this law fro other branches, the legislative branch was primarily the one who dealt with ICWA. This branch passed ICWA.
https://saylordotorg.github.io/text_criminal-law/s06-02-the-branches-of-government.html
Before the law was passed, as stated on the Montana State website, "Child Welfare agencies were often ignorant," towards Indian children being removed from their homes. Many child welfare agencies seemed to have turned a blind eye on these children being relocated unjustly. No major agencies helped to get this law created, for it was primarily the work of unhappy parents trying to retrieve custody of their children.
https://dphhs.mt.gov/CFSD/ICWA/icwahistory
The law was helped to be passed by the executive branch
The Bureau of Indian Affairs plays a big role in ICWA being enforced properly. According to the Bureau of Indian Affairs website, "to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives." This bureau is dedicated to Native Americans and their well-beings.
https://www.bia.gov/bia
Applicable Constitutional Amendments & Justifications
Amendment four is an applicable to ICWA. As stated by the Legal Information Institute, " U.S. Constitution provides that '[t]he right of the people to be secure in their persons, houses, papers, and effects...'" This was to protect people from people invading and taking their home and properties in the home. Like amendment four, ICWA protects people from having their loved ones removed and inspected unjustly.
https://www.law.cornell.edu/wex/fourth_amendment
The sixth amendment, according to the Legal Information Institute, " the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you." This relates to ICWA because it gives Native Americans the right to take their issue to court and fight for theiir rights in front of a judge.
Link Title
ICWA and its history
ICWA, or the Indian Child Welfare Act, was a law passed in 1978. As stated by NICWA, "ICWA was passed in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies." It was created in order to protect Native American from being removed from their household and relocated to a new family. It was created with the intent of allowing Native American families to be together, rather than seperate.
https://www.nicwa.org/families-service-providers/