I am tired of people using blood quantum as a measure of heritage. ICWA was created in order to allow Native children to maintain their culture because at the time it was enacted so many children were placed in homes where their culture was not practiced nor known. Thus children grew up in a home, albeit loving, that was detached from their cultural ties. I agree that in this particular case the child suffers, however this case is a poor representation of ICWA and does not highlight the tremendous benefits of maintaining tribal sovereignty and ensuring an opportunity for our children grow up in a Western world while taking pride in their heritage and knowing their culture. But there is fault on every side in this case such that the family in SC informally adopted the child without following up with any attorney to secure the child was actually their adopted child, thus they should have known that at anytime she could have been taken away because of their failure to take proper legal action. The mother's faults are clear and well written about in the media but to recall, she cowardly tried to hide the adoption from the biological father only because she was afraid to seek his approval. The father has faults by perhaps not taking more initiative to stop the process at an earlier point but as most of the media fails to include he did so only because he was on active duty, paying his service to protect our country. Legally, since the SC family did not complete the adoption process by legal standards the biological father has every right to have custody over his daughter. It is absolutely unfortunate that the child has had to change homes but it is clear that she is loved by many and it is foolish to say that she went from a loving home to anything that was less. She is now with a father who loves her and is fighting to be with her. Moreover, it is utterly absurd to say the father has less of a right to her due to blood quantum. Please get your facts straight, know why ICWA was enacted, and see that blood quantum is a faulty indicator of how active one is in his/her culture.
Tuesday, April 16, 2013 - 14:05