Siletz news /, June 01, 2000, Page 18, Image 18

TRIBAL COUNCIL TIMESHEETS
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lammy Hillebrand of the Toledo High School Media Center
accepts a $3,000 check from the Siletz Tribal Charitable
Ad-Hoc Committee. Tribal Council members (I to r) Reggie
Sutler Sr., Jo Ann Miller, Gerald Ben, Bonnie Petersen,
and Delores Pigsley present the check.
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Delores Pigsley - 4/6/00-5/4/00
TC
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Trvl
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Personnel calls,
agenda prep
Gaming calls,
ECONW report
NIGA mtg.-Portland,
reception in G. Ronde
NIGA mtg.
NIGA mtg., packet
Prep for Council, calls,
Gaming agenda items
Gaming Board, prep
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Regular TC, Gaming
Regular TC
Press conference,
calls, agenda Items
Meet with Gov., admin.
Donations/casino,
Gaming calls, packets
Superstar luncheon,
personnel & policy
issues
To Taholah - Joe
DeLaCruz
Funeral & return
To Albuquerque-LH.S.
Research conf.
Research conf., return
Packets, interview
newspaper
Housing wkshp &
Investment Comm.
-Siletz
Attend L. City
Community Ceremony
Gaming mtg. & wkshp
Attend housing conf.,
calls, mail
Elders Gathering-L.
City, calls & reports,
gaming, admin.
Interview by
Oregonian-tour in
Siletz, signing & calls
Budget Comm.-L. City
Montana, con’t from page 1
factors that led to the tribe’s victory was the perseverance of this
expose her to future contact with the family member who had caused
family, remaining as a placement option during the 2° years this
her injuries.
case dragged through the courts. If the Siletz family had not
The Montana Supreme Court reversed the lower court’s
remained available, the tribe would have lost this case.
decision and ordered the state to immediately commence adoption
The efforts of the Siletz Tribe’s ICW staff, witnesses, and the
proceedings for C.H. on behalf of the Siletz relative family. The
tribe’s staff attorney should be recognized. A team of tribal
Supreme Court held that the lower court had applied the incorrect
representatives and witnesses traveled to Montana to present
legal test under ICWA. It held that it was improper to balance merits
testimony in the placement hearing and carried through with their
of the non-lndian foster family and the Siletz relatives because ICWA
jobs despite the outright hostility of the court, state, and foster
presumes that it is in the best interest of an Indian child to be raised
parents to the tribe’s participation.
in
an Indian home.
The state of Montana supported the infant’s placement in the
The Montana Supreme Court’s decision is a broad ranging,
Siletz home all the way up to the point the biological parents agreed
positive decision that should help prevent the loss of many Indian
to voluntarily relinquish their parental rights in exchange for not being
children in the future. The fact situation decided in this case - where
criminally prosecuted for causing the child’s injuries. All of a sudden,
an Indian child resides in a non-lndian foster home for a lengthy
the local county attorney changed his position and supported
adoption of C.H. by the non-lndian foster parents. We later learned
period of time and that foster family then seeks to adopt the Indian
that the foster parents were politically well connected in the local
child - is one that occurs with great regularity. The Montana Supreme
community and had ties to the district attorney.
Court s decision sets out clear guidelines and standards in a clearly
The state argued that “good cause” existed to not follow the
reasoned decision that greatly limits the ability of states and lower
placement preferences of ICWA. ICWA requires that Indian children
courts to find good cause not to place an Indian child according to
be placed with relatives or other Indian families in the absence of
the requirements of the ICWA.
good cause to the contrary. The lower state court agreed with the
Finally, I want to mention the wonderful assistance provided
state and foster parents and found that good cause existed based
in this case by the Indian Law Clinic of the University of Montana
on the child’s “extraordinary emotional and physical needs.” The
Law School and its director, Maylinn Smith. The tribe had to retain
court found that the child, because of her early background, was
local counsel in Montana because none of its attorneys are licensed
“at risk" for developing emotional or attachment disorders in the
there. Smith represented the Siletz Tribe in proceedings in the lower
future. It also held that the non-lndian foster parents were more
court and wrote substantial portions of the tribe’s briefs to the state
experienced than the Siletz family in dealing with children with
Supreme Court. The tribe could not have won this case without her
special needs and that placing C.H. in the Siletz relative’s care might
able efforts.
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