DSS hearing turns into racial debate

By Vicky Wicks, Journal Staff Writer | Tuesday, October 04, 2005

Previous Page

Share

• del.icio.us
• Digg
• NewsVine
• Fark

Print

Email

RAPID CITY — A legislative committee hearing became contentious Monday in Rapid City when the discussion turned to race relations between the Department of Social Services, or DSS, and its clientele.

Witnesses testified that their discontent with the agency revolves around policies that fail to consider American Indian culture.

The hearings to examine policies and procedures of the DSS Division of Child Protection, scheduled to continue this morning, are being held before the South Dakota Legislature's Government Operations and Audit Committee of the South Dakota Legislature.

"Oftentimes, poverty is being confused with neglect," said Gwen Caldwell, a Cherokee woman. She said that parents found to be neglectful are ordered by the court to take measures to improve their home situation but are hindered by poverty. For instance, parents might be ordered to find a job, get counseling or submit to urinalysis, but the parents don't have job training or transportation to get to appointments.

"It's impossible to comply with the family case plan," Caldwell said.

The committee members seemed to be acquainted with the Cherokee woman as well as subsequent witnesses, an American Indian woman from Martin, Hazel Bonner of Rapid City and the attorney accompanying them, Daniel Sheehan of San Rafael, Calif.

In a presentation that was often heated, the women attempted to outline complaints of Indian people against DSS for removal of children from homes and placement in foster care or residential facilities.

Committee members frequently interrupted witnesses to demand specifics rather than generalities. But when a witness tried to offer information about a specific case, committee members would stop the discussion unless there was a signed release of confidentiality from concerned parties allowing DSS workers to discuss the case.

Sheehan attempted several times to summarize the women's arguments or ask questions of DSS workers, but committee chairman Rep. Ted Klaudt, R-Walker, pounded the gavel on the table if Sheehan became argumentative. More than once, committee members threatened to have Sheehan removed.

Caldwell said that Indian children are targeted for removal from homes because of a family's lifestyle. At times, poverty necessitates that four or five families occupy a two- or three-bedroom home, but that fact that can be "horrifying" to non-Indians, she said.

Sen. John Koskan, R-Wood, said that the witness was outlining a situation without a resolution: setting lower standards for Indian families would be racist, but setting the same standards for Indians is unfair.

Caldwell said that the tribes should be handling cases involving Indian children and that Indian families should provide foster care as required under the federal Indian Child Welfare Act of 1978.

Sen. Jerry Apa, R-Lead, asked Caldwell if she was aware that DSS has unsuccessfully tried to recruit Indian foster families. She replied that the criteria for licensing were too strict.

Putting Indian children into non-Indian foster homes "dissects them from their language" and from their extended families as well as their immediate families, Caldwell said. The American Indian culture is not a religion, Caldwell said, but "it's who we are, how we pray."

"If you don't have those things, it is genocide," she said.

Sheehan said that federal legislation to facilitate permanent adoption of children in foster care has made Indian children vulnerable to being taken out of the home for a variety of reasons.

Sheehan referred to a $14.5 million fund through U.S. Department of Health and Human Services' Administration for Children and Families. South Dakota is getting $56,000 for increasing the number of children adopted from state- supervised foster care, according to a September Associated Press story.

DSS has been "inspired by the ability to obtain federal funds," he said, and "following a bureaucratic imperative" is sending "a burgeoning number" of Indian children to be "warehoused" in residential facilities. Sheehan compared the situation to the boarding schools where Indian children were sent in earlier years to assimilate them into white culture.

Sen. Bill Napoli, R-Rapid City, who is not on the committee, sat through the hearings as an observer and came forward to testify. He said that he saw a lot of animosity and told the committee members, "I hope your goal here is not to prove somebody is lying and somebody isn't."

He said witnesses came forward to ask for help — "People are pouring their hearts out" — and that the committee should help them to find balance, Napoli said.

Napoli said that in the late 1990s, Gov. Bill Janklow pushed for more aggressive protection of children but that perhaps the state has become too aggressive.

A suggestion that an ombudsman or liaison should be in place to assist parents is a good idea, Napoli said.

At today's hearings, held at Quality Inn, 1902 North La Crosse St., the committee will hear more public testimony from 8:15 a.m. until noon.

Contact Vicky Wicks at 394-8318 or vicky.wicks@rapidcityjournal.com