South Dakota Tribes Accuse State Of Violating Indian Welfare Act Eight tribes have delivered a report to Congress saying South Dakota is willfully ignoring a federal law meant to protect Native American children. Several lawmakers are demanding action. The Bureau of Indian Affairs on Wednesday agreed to convene a summit meeting of key players, and says it will urge state officials to respond.

South Dakota Tribes Accuse State Of Violating Indian Welfare Act

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From NPR News, this is ALL THINGS CONSIDERED. I'm Audie Cornish.


And I'm Robert Siegel.

We have an update now on a story we brought you from South Dakota. It's about Native American children being placed in white foster homes despite a federal law meant to prevent that. This week, eight of the state's Native American tribes delivered a report to Congress. It charges South Dakota with willfully violating the Indian Child Welfare Act. Lawmakers on Capitol Hill are now demanding action from the Bureau of Indian Affairs, as NPR's Laura Sullivan reports.

LAURA SULLIVAN, BYLINE: For years now, council members of the Crow Creek Sioux Tribe in South Dakota watched as the state's Department of Social Services removed children from the reservation and placed them in largely white foster homes far tribal lands. Many of the children were later adopted out, losing their connection to their families and their heritage.

BRANDON SAZUE: I've seen it firsthand.

SULLIVAN: Brandon Sazue is chairman of the tribe and says the state has long overstepped its authority.

SAZUE: That would be like United States going into a foreign country and saying, hey, I'm taking your kid because of this or that. You can't do things like that. This is within the boundaries of the Crow Creek Sioux Indian Reservation. And as far as I'm concerned, we are the government.

SULLIVAN: This week, the Crow Creek Sioux Nation joined seven other tribes in the state to send a report to Congress charging South Dakota with systematically violating the federal Indian Child Welfare Act. They say in many instances the state does not have the authority to remove native children. And even when it does, the state is placing those kids in white foster homes, not with their families, tribes or other Native Americans as the law mandates.

The 22-page report also found the state has a financial incentive to remove children from their tribes. It says the state gains federal dollars for every native child it places in its foster care system. The report landed on Congressman Ben Lujan's desk Monday.

REPRESENTATIVE BEN LUJAN: It's make you angry. And I hope it makes people's blood boil. This is emotional, and it's real. And this is not right.

SULLIVAN: Lujan, a Democrat, is a member of a bipartisan coalition of lawmakers looking into state compliance with the law. The group is hoping to hold hearings on Capitol Hill this spring. He says he's most disturbed by what appears to be a lack of information coming from South Dakota's Department of Social Services.

LUJAN: I think that we need to really shed light on what's happening in South Dakota. And the community there needs to come forward. If they won't do it in a public way, then someone needs to go in with subpoena authority to be able to get to the truth of the matter.

SULLIVAN: Officials with the state's Department of Social Services did not respond to requests for comment. But they have told NPR in the past that they strongly reject the notion that the state somehow profits from the placing of children in foster care. They say the federal money the state receives does not influence their decision-making. They have also said finding Native American foster families who meet their guidelines has been extremely difficult.

Lujan and the other lawmakers called upon the Bureau of Indian Affairs last year to hold a summit in South Dakota with state officials and the tribes. That summit has so far not taken place. In a statement, Democratic Congressman Ed Markey expressed frustration with the delay, saying, quote, "We cannot stand idly by as Indian children are ripped from their homes and placed in foster care unnecessarily."

In response to the lawmakers' renewed concerns, just yesterday, the Bureau of Indian Affairs agreed to hold the promised summit this spring. In a letter to lawmakers, Kevin Washburn, the assistant secretary over the bureau, said he would personally attend the gathering. Several lawmakers said they would also like to participate. That can't come soon enough for some of South Dakota's tribes.

RAYMOND COURNOYER: We can't give up. We got to keep on moving, even if we make a lot of people mad at us.

SULLIVAN: Raymond Cournoyer oversees foster care for the Yankton Sioux Tribe and co-chairs the coalition that wrote the report. Last month, the Yankton Sioux essentially sent the governor of South Dakota a cease and desist letter. It warned the state that it had no authority to take the tribe's children.

COURNOYER: We're always not in the driver's seat. It's time to take control.

SULLIVAN: In recent months, the state has told NPR it only removes children when it has a tribal court order. But even then, tribal leaders and legal experts say the Department of Social Services or DSS is still failing to place the children according to the law. Judge BJ Jones is a national expert on the law and a tribal court judge in South Dakota.

BJ JONES: These kids are being removed from their nuclear family. They're being taken from their extended family. And there's always, always a relative who is ready, willing and able to provide for a child. But DSS, they're just not doing a good job of doing that.

SULLIVAN: On Yankton, at least, Raymond Cournoyer says the tribe's letter to the governor seems to have had an impact. He says without the state's interference, the tribe has been able to place more children with relatives, keeping them close to their traditions and their heritage. Cournoyer and other tribal leaders say the future of all of their tribes depends on that. Laura Sullivan. NPR News, Washington.

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