Affordable Update

More affordable than even before! My legal Guide, Affordable Guide About Estate Planning and Child Protection is available on e-readers and can be found at most e-reader outlets. The best news of all is the purchase price is $30.00! It can be found here at (https://www.smashwords.com/extreader/read/655205/1/affordable-guide-about-estate-planning-and-child-protection).

Every one needs this information. Why are people going without or avoiding even the investigation of these important topics? The answer is not what you may think. One person had this to say:

I have read that the lack of Living Trusts among middle class / low SES families is due to lack of affordability and is an area that needs addressing for the benefit of individuals and society. There is much unnecessary probate court costs for families and community that is avoidable. Why do we provide judges and courts as a public expense, but not legal services to avoid court for such things?”

Educational Family Estate Apps was created as a response to this vast unmet need for legal education and social justice. At this time, there are two well – prepared (#LegalGuides). There is substantial savings to be found when you buy them for your mobile devices (as compared to the subscription price off our website).

Announcement about the release of the American Indian Probate Reform Act Legal Guide with a model Last Will and Testament is coming very soon!

Thank you.

Helen Nowlin, Attorney and CEO

Government Obligations and American Indians

The government’s relationship with and duties to Native American individuals and tribes are generally defined in the first instance by applicable statutes and regulations. Many of those original statutes are still in tact and applicable, unless expressly overwritten. Malfeasance, lack of due diligence or any other intentional act should be fully reviewed and considered based on the legal requirements governing at the time it occurred and equally so, legal requirements today if those illegalities are allowed or perpetuated by individuals now.

There is no implied right by anyone under any guise to avoid what the law, or clear objective facts or moral consciousness requires. Due Process of law does not mean lip service. It is never satisfactory to say, “It happened so long ago, redress is not worth the time.” Due process is on a time continuum. It is as important then as it is now! It does not diminish by whim or fancy.

https://www.linkedin.com/pulse/deceit-oklahoma-helen-nowlin

Under both federal and state laws, efforts to diminish a person’s rights are against the law. The following provisions are not exclusive and there are many more. We start with these:

Rely on 18 U.S.C. § 241 which states: 

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

Further rely on Oklahoma State law under 15 O.S. § 58: 

Actual fraud is:

Actual fraud, within the meaning of this chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true.

2. The positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true.

3. The suppression of that which is true, by one having knowledge or belief of the fact.

4. A promise made without any intention of performing it; or,

5. Any other act fitted to deceive.

 

 

 

About Foster Parents on Reservations

Original post http://educationalfamilyestateapps.com/2016/06/06/aboutindianfosterparentsonreservations/.

Is it just me or has someone else noticed that below the surface and behind the mandatory background checks for Foster Care Parents on Reservations, there are alternate motives other than child safety including a sneaky effort to undermine tribal sovereignty here?

I will share some background information. The primary purpose behind the BIA revision to the ICWA Guidelines and subsequent proposal for rulemaking was two-fold: 1) to address the gross, almost routine non-compliance by states in the implementation of ICWA and 2) as a response to the recent ICWA legal challenges primarily from the adoption industry. The industry made an important collateral attack. Boil it down, the fundamental question posed is whether the stricter Guidelines after the revision should apply to Indian children offreservation as it does to Indian kids on reservation. Revision to the Guidelines clarified what the fundamental role of ICWA is: to keep Indian children with Indian relatives or communities and reunify Indian families.  The intent of the legal challenges is to undermine tribal government jurisdiction, autonomy and inherent interest in enrolled members. How does this new law requiring background checks for foster care parents on reservations fit into the picture? I explain below.

A child’s immediate family and community are key to fulfilling the most vital purpose of ICWA – reunification. A minor legal issue within a family member’s background should not act to bar consideration of that person as a Indian Custodian or Guardian. However, that is exactly what happened off the reservation. This formal law “requiring” an extensive, non-forgiving back ground check now on the reservation will produce an even shorter supply of foster parents. More importantly, the new law specifically acts to undermine the hard work of those tribes which have created and now run their own Title IV-E Foster Care and social services programs.

These two issues – the collateral argument against ICWA stemming from recent litigation and the impact of the new law requiring background checks on Indian reservations will combine with the Federal Adoption and Safe Families Act passed in 1997, under the Clinton Administration to produce the perfect storm. The Safe Families Act is just a federal incentives program which pays states more money when foster children are adopted. Basically, the Safe Families Act requires children who have been in state Foster Care Programs at least 15 months to be prepared for adoption (such as express removal of parental rights).

The adoption industry is a $14 billion industry with an expected growth rate of 10% annually. Without making any distinction between Indian or non-Indian children, any financial incentive program contradicts the reunification goal stated in both ICWA and the Social Security Act procuring Title IV-E funding. Is this leading up to total circumvention of ICWA? Pseudo shortage of Native foster parents may be used to declare a state of emergency and with looming state budget cuts within the foreseeable future, it is imperative an alternate model to supplant ICWA is created.

Please, consider buying a copy of the American Indian Probate Guide which is written expressly for American Indians who have Trust or Restricted lands. There is a model Will available and compliant under the American Indian Probate Reform Act. I created my legal guide service in response to the unmet need for affordable in-depth legal education in Indian Country at http://www.educationalfamilyestateapps.com. Additionally, you can access my unique analysis on the Indian Child Welfare Act.

After extensive research, I have concluded that many who benefited from the ICWA and / or adoption gravy trains were not interested in revealing what you needed to know. I propose a voluntary Legal Guardianship model which is expressly exempted from ICWA within ICWA itself. YES!

Read more at Educational Family Estate Apps under Our Products and then the American Indian Probate Guide or on my website’s Blog. Feel free to contact me if you are interested in learning more.
Helen Nowlin, Attorney and CEO

American Indian Probate Guide

This downloadable pdf, American Indian Probate Guide (located at http://educationalfamilyestateapps.com/american-indian-probate/) discusses what you need to know about the American Indian Probate Reform Act. The Act applies if you are a member of a federally recognized tribe with Trust or Restricted lands!

It includes: a Model Will and Testament (compliant under the Act) and immediate access to our great Guest Writer Series, too! Get it now for $69.00 (look for our Groupon deal coming soon!).

We are an affordable legal service with the information EVERYONE needs.

Helen Nowlin, Attorney and CEO picture

An Alternative to the Indian Child Welfare Act

Dis-Honor Native Blood Perpetuates Theft

Your Birthright is there.  Then taken. Then gone. Never again do you have any say.

Oh, the atrocity and now the audacity to fail to correct the fraud perpetrated against my Father, Raymond Nowlin by his cousin (in the Indian way, his sister) Katherine Josephine Brown Graham (https://www.linkedin.com/pulse/deceit-oklahoma-helen-nowlin).

Seattle Councilperson Debora Juarez Holds “Deeply” Personal Beliefs against Disenrollment

In the coming days, I will post new information about this matter and will document more about the fraud.

26 American Indian Tribes to Receive Funds to Assist Their Military Veterans

“Federal officials for the first time will extend veterans housing grants to 26 Native American tribes, a move that could speed finding shelter for this previously underserved, military veteran community.” Thank you, President Obama!

http://www.militarytimes.com/story/veterans/2016/01/08/native-american-homeless-veterans-grants/78512084/

 

The Alternative to Indian Child Welfare Act

http://tucson.com/news/local/tribes-jurisdiction-in-foster-cases-focus-of-hearing/article_fa0a8b28-adca-59de-8e17-e902f9f82057.html

Abstract

While the Indian Child Welfare Act (ICWA) had some success, the level of success was not as much as anticipated or hoped for due to repeated State and adoption agency efforts to maintain the status quo. Most saw the problem but measured the solution only through the lens of ICWA. Tribes and American Indian parents were convinced State removal authority was absolute, and it wasn’t.

The author of this paper challenges the status quo and lays out a system which will better support Indian Child Welfare. It is comprised of a rather simple system requiring only the dedication and implementation of two basic steps. First, ensure access to affordable or no cost legal services in low income, ethnically diverse communities. Then expand use of Estate Planning and Legal Guardianship tools available to any resident. Guardianship can work in any situation while allowing retention of parental authority. Legal Guardianship is a direct alternative and can achieve what ICWA could not do – slow down the rate of Indian children going into non-Indian homes.

Stay tuned! If you wish to read my full article, please, send a request.

Thank you and help spread the word! Knowledge is Empowerment….

Helen Nowlin, Attorney and CEO

http://www.educationalfamilyestateapps.com

Announcement: Goldwater Institute to File a Constitutional Challenge against the Indian Child Welfare Act

Goldwater Institute (out of Phoenix, Arizona) is setting up a constitutional challenge against the Indian Child Welfare Act! What is the real agenda?
“Phoenix—Tomorrow, Tuesday, July 7, the Goldwater Institute will launch a new project to reform the Indian Child Welfare Act and similar state laws that give abused and neglected Native American children fewer rights and protections than other American children. Part of this project will be a class action lawsuit.
“When an abused child is removed from his or her home and placed in foster care or made available for adoption, judges are required to make a decision about where the child will live based on the child’s best interest. Except for Native American children. Courts are bound by federal law to disregard a Native American child’s best interest and place the child in a home with other Native Americans, even if it is not in his or her best interest,” said Darcy Olsen, president of the Goldwater Institute.”

We saw this coming before it happened! Purchase a subscription to Educational Family Estate Apps American Indian section and we will tell you how to protect yourself, your children and tribal communities! There is an alternative that can prevent illegal state removal actions. View our website at www.educationalfamilyestateapps.com.

State based removal authority in the Indian Child Welfare Act can be circumvented!

…the beat goes on….It is time to empower American Indians and tribes to circumvent the Indian Child Welfare Act which allows state removal of Indian children. I tell people how to do just that and disclose my research in the American Indian Section of Educational Family Estate Apps. There will be no need then for apologizes.

See our website at http://www.educationalfamilyestateapps.com.

http://www.theglobeandmail.com/news/national/manitoba-to-apologize-to-aboriginal-adoptees-thursday/article25012979