Why We Produced This Documentary

There is a thread that connects a child to their culture,
to their sense of self, home and belonging.
When that thread is broken or missing, the individual and the culture suffer.
Can the thread be mended? Can connection be restored?

A culture will die without its children. Yet the removal of Native American children from their homes and families has occurred at the alarming rate of 25% of all children. Many Indian families have experienced the loss of children to non-tribal homes, even when a relative or other tribal member was willing and able to provide a safe, stable and loving home for the child.  This has happened in Wisconsin despite the existence of the federal Indian Child Welfare Act.

The Indian Child Welfare Act (ICWA), signed into law in 1978, is one of the most litigated federal Indian laws of the past 35 years, and arguably the most important in the lives of Native people and communities. It has unfortunately been misunderstood, misapplied and too often completely ignored. That history has led several states to pass into law their own versions of ICWA in one form or another. 

In 2005 Wisconsin was found to be in noncompliance with ICWA. Statistics and common knowledge indicated persistent and systemic problems with implementing the federal law. All 11 Wisconsin tribes agreed that something needed to change. In 2008 a remarkable state coalition formed to develop and promote the Wisconsin Indian Child Welfare Act (WICWA). This coalition was comprised of tribal attorneys, tribal social services directors, Indian rights advocates and representatives from the state, primarily from what is now the Wisconsin Department of Children and Families (DCF). What made this coalition remarkable was the tenacity and commitment stretched continuously over a period of nearly four years in pursuing this dream. For many it was the most sustained and cogent collaboration of tribal and state energies they have ever participated in.

There were obstacles to overcome, some anticipated (private adoption attorneys) and some not (Children and the Law Section of the Wisconsin State Bar). There were numerous competing interests to reconcile or overcome. Ambiguities in the ICWA were addressed by fortifying the language in the WICWA to clarify those problem clauses in a pro-Indian way consistent with the spirit and intent of the original ICWA. Going that extra mile had the effect of increasing the adversarial obstacles to enactment. The 11 Wisconsin tribes and the state government stood together and persevered, and these issues were met and addressed finally in a long and moving state legislative Hearing that was filmed (footage available through Wisconsin Eye). WICWA passed unanimously – a rare feat - in October of 2009 and resulted in what is arguably the strongest state enactment of ICWA anywhere in the country. This is a story of hard work and success, and ultimately, “the preservation of a culture’s future, not just its past.” (Senator Bob Jauch, sponsor of the bill.)

Telling the story of the law’s creation and eventual enactment, interwoven with first-hand accounts from individuals directly affected by outplacement, provides both macro and the micro views and makes the topic accessible to viewers of all different backgrounds.


PROJECT DEVELOPMENT
Work began on this documentary project in December of 2012 with informal meetings, fact gathering, and identification of key interview subjects and archival images. In August of 2013, the production team received funding from the Midwest Child Welfare Implementation Center (MCWIC), based in Lincoln, Nebraska, and completed the first phase of the project which focused specifically on the creation of the Wisconsin Indian Child Welfare Act. To meet the deadline for the MCWIC funding, we had only eight weeks from filming the first interview to the final edit. This first phase included interviews with Loa Porter, Jean-Ann Day, Mary Husby, Kris Goodwill, Mark Mitchell, Dennis Puzz and Senator Bob Jauch. (That film, Wisconsin Indian Child Welfare Act: Legacy Legislation earned an award from the Media Communications Association – International for outstanding work in short documentary. Click here to view the video from Phase 1 https://www.youtube.com/watch?v=tS8WkekywV8)  

We recently completed phase two which involved delving deeper into the personal stories of a Loa Porter (Ho-Chunk) and a Eugene White-fish (Forest County Potawatomi). Both were removed from their families as children and placed in non-Native foster homes. They share their experiences of being the only Indian child in class, the persistent feeling of "otherness” and the sense of loss from not having lived in their Native cultures as a children. How did they reconnect with their tribes? Have there been challenges? Did it make a difference with their children and grandchildren? Did the connections bring sadness or joy? Can the broken thread of family and native culture be mended? These are some of the points we explored.

The final 57 minute film tells the story of the reason why the Indian Child Welfare Act was codified into Wisconsin state law as the Wisconsin Indian Child Welfare Act, how it was drafted, enacted and implemented. The two personal stories run counterpoint as real examples of the need for such a meticulous and time intensive action.

The film will be used to educate the general public, and to train attorneys, court officials, social workers and others who work with Native children.
   

“The child is everything. They’re the gift from the creator. They are life.

They are the ones who are going to sustain the tribe.”

Loa Porter, Ho Chunk Nation