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
March 5, 2016 (Saturday) at 4:00 pm
