Goldwater Institute intentions against the Indian Child Welfare Act started as early as 2010

Problems versus Solutions ~

I researched the Goldwater Institute’s website as soon as I received the announcement headline: Goldwater Institute intends to challenge the Indian Child Welfare Act, in parts or entirety as unconstitutional.

It seems that this recent revelation by persons in the law and related child welfare organizations about the intentions of the Goldwater Institute to dismantle the Indian Child Welfare Act is itself misleading. The Goldwater Institute posted A.D. v. Washburn on its website originally in 2010. I searched its website yesterday, and found only three results under the topic of the Indian Child Welfare Act.

One was an article published by an Institute author, Mark Flatten, and was called Death on a Reservation dated on July 06, 2010 and A.D. v. Washburn published on July 07, 2010. The more recent activity was titled Indian Child Welfare Act Case Inquiry, published originally on May 26, 2015. It is a questionnaire which intends to fetter out the “rights” of the adoption or temporary or more permanent placement foster parents, not the birth parents or tribes, as based on the types of questions asked. It reminds me of another site I stumbled upon which deceptively seemed to be pro – ICWA but in fact it wasn’t (see
That is, the Institute had no other publicly available activity on its website until the announcement it made on July 07, 2015 ( Could it be what is really going on here is industrial process, money and job security?

Question is why are we just now being informed of this threat and intention to further undermine American Indian children (more of the same treatment by a system which allows innocent children to be treated like ardent criminals), their biological families and tribes? The green flag for any attack, whether frontal or collateral was the announcement by the Bureau of Indian Affairs it would seek to finally revise and “strengthen” enforcement of the Indian Child Welfare Act. After all, everyone knows the adoption industry is especially lucrative.

No one it seems is interested in asking children what they want. Indian children have a right to ask us why are the conditions on Indian Reservations the way they are – children intuitively know the obvious. The reasons are as much an outside problem as an inside one. The problems mask and help us to avoid addressing acts of socio-economic discrimination, genocide, dehumanizing conditions and grotesque acts of land theft. Christians should be praying that the parents will make better choices but also that the American society will wake up. Besides the distrust of the system, those children grow up to be adults who will have contempt for the society which allowed those abuses against their families and more importantly, allowed the bubble to be popped of “what could have been.” Remember that if you remove the hook of the Devil, he can’t retain his hold on you. Is there anyone who has a viable solution?

The ICWA was sold as a change but in fact since its inception in 1978, it maintained the status quo. Violation after violation and we are just now having this discussion. The real news is that there is an alternative! My idea is part of the debut of my new product, Educational Family Estate Apps ( Look under Our Products in the menu and then click American Indian Probate for a synopsis of my findings.


2 thoughts on “Goldwater Institute intentions against the Indian Child Welfare Act started as early as 2010

    • I agree. However, if we use the same tools any other state resident and citizen of the United States has at their disposal like forming a legal Guardianship, we can avoid much of the problem. It would be tough to say, “Indians can’t when everyone else can.” I give a real example of how this would work in the content I created for my new business and product, Educational Family Estate Apps. I have extensive and unique coverage of the American Indian Probate Reform Act, a model Will drafted under the Act and thorough discussion of how my product intersects the ICWA. Thank you.

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