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Historical Timeline And Context For Indian Child Welfare Practice Issues

Document Author: Prepared by Diane Payne, Children’s Justice Specialist, Tribal Law & Policy Institute, updated, May 2002
Date Posted: 6/02


THE HISTORICAL CONTEXT

European:

  • European invasion of homelands of Native people after centuries of indigenous community existence
  • European view of Native people as uncivilized, savage
  • European perception that Native children were unsupervised & untaught

European beliefs about children:

  • Children are to be seen/not heard
  • Spare the rod & you’ll spoil the child
  • Poor children sent to workhouses (contributed to the idea of children as property)

Native Peoples:

  • Emphasis on family, group, village – tribal cultural identity
  • Emphasis on spirituality
  • Learning through stories of the past
  • Emphasis on sharing rather than acquiring possessions

Native Peoples beliefs about children:

  • Native children regarded as gifts from Creator
  • Extended family responsibility/role in child raising & guidance
  • Kinship included “chosen” families as well as birth family
  • Different standards for maturity/immaturity

Native Values:

  • Knowledge of family tree
  • Domestic skills
  • Hunter success
  • Respect
  • Humility
  • Honoring Elders

THE HISTORICAL TIMELINE

  Native American
 
  Child Welfare
  • Colonial Years
    1492 – 1776
  • Removal Period
    1776 - 1830

 
  • Institutionalized care: orphanages, asylums – 1700’s
  • Reacting to institutionalized care - Foster care movement – Mid 1800’s
  • Reservations & Treaties - 1831 – 1880
  • Allotment Era -1880 – 1930

 
  • Until late 1880’s children were transferred from family to family via property deeds
  • 1880 – 1930:
    INSTITUTIONALIZED CHILD ABUSE
  • Boarding Schools
  • Reservations
  • Missionaries
  • Families Separated

 
  • American families “rescued” Indian children following massacres and forced relocations

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  • Indian Reorganization Act Era 1930 – 1950
  • BIA domination
  • Boarding Schools continue
  • Tribal constitutions
  • Court of Indian offenses

 
  • Prior to 1930’s transracial adoptions were rare; stricter adoption laws led to “black market” adoptions by 1929
  • Native American Termination Era 1950 – 1970
  • Economic termination
  • Relocation to cities
  • Private adoptions
  • Coercion to give up children

 
  • Child Abuse Protection Act
  • 1974 passed
  • Self – Determination Era 1970 to present
  • Sterilization of Indian Women 1960’s – 70’s
  • By 1960’s Tribes lose more than 50% of children
  • Indian Child Welfare Act drafts & hearings – 1972 – 1976; passed in 1978
  • Indian Religious Freedom Act passed

 
  • APRIL 2001:
    During the annual National Indian Child Welfare Conference in Anchorage Alaska, the Child Welfare League of America issued a public apology for their role in the massive removal of Native children from their families and communities
 


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