Logan County – Colorado

Logan County violated law by not enrolling children in tribal nation, appeals court rules
Michael Karlik, Colorado Politics May 29, 2020
 
https://www.coloradopolitics.com/news/logan-county-violated-law-by-not-enrolling-children-in-tribal-nation-appeals-court-rules/article_bff35d0c-a1a5-11ea-822d-37429352f1da.html  

A county welfare agency failed to enroll two children in the tribal nation of their grandfather, which the Colorado Court of Appeals ruled was a violation of the law that protects the interests of Indian children.

The Logan County Department of Human Services in May 2018 alleged the neglect of twins who were one month old, K.C. and L.C. Their mother indicated that the children’s father had Chickasaw heritage, and the county notified the tribal nation. The Chickasaw Nation responded that the twins were eligible for citizenship because their paternal grandfather was a citizen.

The nation asked that the parent or guardian — in effect, Logan County’s human services department — assist in filling out the paperwork enrolling the children as members of the tribe. Because the children were not at this point tribal citizens, they did not fall under the Indian Child Welfare Act, a 1978 law that allows tribal involvement in custody placements. Congress passed the legislation in response to a trend of native children being placed with non-indigenous families. An estimate from 1974 suggested that 25% to 35% of all Indian children were in non-Indian households or institutions.

“[W]e have a vested interest in the welfare of children who are eligible for citizenship with the Chickasaw Nation,” the tribe wrote in the case of K.C. and L.C. The department, however, did not complete the paperwork, and in April 2019 it moved to end the mother’s custody rights.

Only then did Logan County disclose the nation’s request to the juvenile court. The judge, finding that the children were not enrolled tribal citizens, determined there was no role for the ICWA in this case.

Colorado law provides that courts must confirm whether a child services agency tried “to verify whether the child is in fact a member, or a biological parent is a member and the child is eligible for membership” in a tribe. Guidelines from the federal Bureau of Indian Affairs further advise social workers to facilitate tribal membership where possible.

On Thursday, the appellate court’s three-member panel ruled that in dependency and neglect proceedings, a county must communicate to the juvenile court as soon as it receives a tribe’s request for a child’s enrollment in the nation. In her opinion, Senior Judge Janice B. Davidson wrote that “we have little trouble deciding that a department’s ICWA-mandated due diligence necessarily includes the requirement that it timely inform the juvenile court of tribal interest in obtaining citizenship or membership for an enrollment-eligible child.”

A court must then conduct a hearing to determine “whether it is in the children’s best interests” to become tribal citizens — a decision which Davidson emphasized was not the county’s alone to make.

Tribes have the ability to set their own eligibility for membership, but the ICWA presumes that having tribal ties is desirable for children due to the access to tribal services, programs and protections that membership allows. The U.S. Court of Appeals for the Fifth Circuit, based in New Orleans, is currently considering a case that challenges the constitutionality of the ICWA.

“Their culture is at stake and the future of their people is at stake,” said Cherokee Nation Principal Chief Chuck Hoskin Jr. to Vox. The child in the Fifth Circuit case is Navajo and Cherokee.

Because Logan County did not comply with the ICWA, the Colorado appeals court determined that there needed to be a new hearing for the children in which the parents and the human services department could testify. If the juvenile court judge were to decide to enroll the children, the ICWA would guide further proceedings.

The case is People in Interest of K.C. and L.C.

Website Update

Osiyo Members and Friends 

There have been some additions to the Website cocherokeecircle.org.

Member and subscribers can now submit a post to the website, click on User Post. When approved it will be shared with everyone.

Membership form maybe filled out online, no login required.  You may send your dues via mail or PayPal.

Current members can submit their renewal by logging in and verifying/updating the information on record.  Send dues via mail or PayPal.

CCO Extend Deadline

Extend Deadline for Nominee Packet and Self Pay

From: Tammy Keeter-Miller <tammy-miller@cherokee.org>
Date: Thursday, March 19, 2020 at 10:41 AM
To: Bradley Wagnon <bradley-wagnon@cherokee.org>
Cc: Kevin Stretch <kevin-stretch@cherokee.org>, Dawnena Squirrel <dawnena-squirrel@cherokee.org>
Subject: Extend Deadline for Nominee Packet and Self Pay due to the CORID-19

 

Our Cherokee word for respect is ᎤᏬᎯᏳᎯ, and the Cherokee Nation is upholding these values by helping prevent the spread of COVID-19, as best we can.

The Cherokee Nation is taking steps to keep our communities safe!

 

We are extending the deadline for your nominee packets for the CCO Annual Conference of Community Leaders due to the CORID-19.   We have not been asked to postpone the Conference yet, but we would like to mention that it could be a possibility. So that being the case we will extend the deadline for nominee packets and self-pay information until the end of April.  However if you have already sent the information we will keep it and reach out to you after a decision has been made and if we need to adjust your budget page at that time we can.  If you wish to go ahead and submit this information feel free to do so, we would advise you Not to make any flight arrangements at this time.

 

The Employees at Cherokee Nation and CCO are  working diligently to make sure that our community groups are safe.

 

The following information from Cherokee Nation Communications may be helpful to organizations as they consider whether or not to postpone large events and meetings.  Many of our organizations are made up of elders, who are at high risk of complications if they contract COVID-19.  Large events should be postponed, and do not meet in any groups larger than 10 people.  We suggest that you consider telephone meetings if possible and not to gather in person.  Social distancing is the best practice, please utilize your digital equipment and if you need any assistance or have questions on the best manner to use the digital equipment please give us a call or send us an email.

 

Individuals experiencing symptoms (cough, fever and/or difficulty breathing) are encouraged to contact their doctor or the Cherokee Nation COVID-19 call center before going to the hospital, unless it is an emergency situation.  Your doctor or a nurse will give you instructions on what to do when you call.

 

Individuals who are sick should stay home unless it is an emergency situation.

 

See the info below for more information:

 

 

Please see this message<https://youtu.be/RCiNa8i_LtA> from Chief Hoskin, as it relays to our safety efforts by postponing local meetings and at-large gatherings for the time being.

 

 

Administration continues to monitor the impact of COVID-19 and we will continue to announce any postponements or reschedules on our Cherokee Nation Facebook page.

 

 

If you have any questions or concerns please don’t hesitate to email me or any of our CCO Staff.

Kevin Stretch Director CCO – kevin-stretch@cherokee.org

Dawnena Squirrel – Dawnena-squirrel@cherokee.org

Bradley Wagnon  – Bradley-wagnon@cherokee.org

Tammy Miller – tammy-miller@cherokee.org

 

I would also like to mention to each of you to remember your Elders during this time.  A suggestion that was given to me today, is that you form a phone tree and assign community members to call your Elders and check on them.  Please stay safe and let us know if we can help you in any way.

 

Tammy Keeter Miller

Manager of Administrative Operations

Cherokee Nation

Community & Cultural Outreach

Tammy-miller@cherokee.org

918-207-4963

918-316-1687

fax 918-458-5632

CCO Conference

The Cherokee Nation Community and Cultural Outreach Program is proud to announce the 16th Annual Conference of Cherokee Community Leaders on June 12th and13th, 2020, leading into our Cultural Enrichment activities beginning Sunday, June 14, 2020, going through Tuesday, June 16th, returning home on June 17, 2020. CCO will be bringing together the leaders of all Cherokee communities, including leaders from the 14-county tribal jurisdictional area, as well as the satellite communities, across the United States. Your help is needed to nominate one representative from your organization. Please consider all the following information when selecting a representative. The representative should be: a highly involved organizational decision maker, capable of walking/standing for long periods of time, willing to travel to Oklahoma for a several days, and is a registered Cherokee Nation citizen. CCO will provide travel, meals, and lodging for the conference dates, as well as the cultural enrichment days, for your organization’s official representative. We ask you’re to nominee take back to your board of director’s important information and report on what they have experience and discover. The representative will attend the 16th Annual CCO Conference, which consists of capacity building, cultural and history sessions, and will take place the Tahlequah Cherokee Nation Chota Conference Center. CCO will provide free Airport shuttle on June 11th, 2020. Only three shuttles will be provided, 1) 11:00 am, 2) 1:00 pm and 3) 4:30 pm. Representatives will stay at the Tahlequah Holiday Inn Express & Suites conveniently located at 2142 Mahaney Ave. During the conference and the cultural enrichment activities. Representatives wishing to utilize CCO’s shuttle must arrive nearest midday on Thursday, June 11, 2020, and depart early Wednesday, June 17, 2020. Principal Chief Chuck Hoskin and First Lady January will host an evening meal at their residence, 6:30 pm on Thursday, June 11th 2020. CCO will provide a free shuttle from the hotel to dinner with the Chief, but it is important for them to contact me prior to making any travel arrangements so that we can clarify dates and times prior to them making travel arrangements. Packets will be mailed for your nominee to complete and return to me no later than March 27, 2020. Sooner if possible. As always, self-pay attendees are welcome! The self-pay attendees are responsible for their own travel, lodging and meals. CCO will need to know who will be attending and they will be required to complete a self-pay form. There is no cost to attend the conference but we must account for everyone attending so that accurate quantities of food can be provided. CCO will provide the same shuttle bus service as listed above, and to-from the conference/cultural events. If you have any questions please give me a call or send me an email. Wado! Tammy Keeter Miller Manager of Administrative Operations Cherokee Nation Community & Cultural Outreach E-mail: tammy-miller@cherokee.org Office: 918-207-4963Cell: 918-316-1687

Pow Wow

Colorado Cherokee Circle March Gathering:

 

The CoCC will attend the 46th Denver March Pow Wow, Denver Coliseum 4600 Humboldt St, Denver, CO on our next gathering date, March 21, 2020.  Here is link to the Denver March Pow Wow http://www.denvermarchpowwow.org/index.htm You will find helpful hints and some rules to follow on the website.  There will be no presentation just a time to enjoy singing and dancing.

 

Admission is 6 and under free, $7 for one day.  60 and over $3 per day.  Parking is $10 and no in and out privileges on any day.  You will pay at the door.

 

We can meet in Section 225 at 11 AM to view the Grand Entry for Saturday morning.  Wear your Colorado Cherokee Circle shirt. Vendor booths open 10 AM if you want to buy a souvenir.  There are a lot of vendors at the Pow Wow.

 

Tocabe’s has Indian Tacos for sale (which is always a long line).  The Coliseum has stands for soda’s, hot dogs, candy and popcorn it you are so inclined.

Carol Harvey

 

 

Navajo attorney Carol Harvey gave a fascinating Indian law presentation to the Circle on November 19, 2019.  Carol has a deep knowledge of property, contract, energy and Indian law and history, based on her successful career representing corporations and tribes.  She has collected documents showing the shocking conflicts of interest and greed of the founding fathers behind the Marshall Trilogy (i.e., the three opinions written by Chief Justice John Marshall of the United States Supreme Court in the early 1800s under which a sovereign nation that “discovers” land occupied by heathens (non-Christians) obtains title to those lands, regardless of the separation of Church and State and freedom of religion under our Constitution).  Carol deftly illustrates the corrupt history of the Doctrine of Discovery and then brings it forward to dire predictions of more conquests in our near future.  Carol is a brilliant and impassioned speaker who wants to teach Native youth that tribes fought back – we did not roll over and passively accept the loss of our lands, and we did not lose our right to tribal self-governance.  Please reach out to Carol at rcarolharvey@hotmail.com if you would like to hear her presentation, or learn more at www.nahmus.org.