[Congressional Record Volume 142, Number 62 (Tuesday, May 7, 1996)]
[House]
[Page H4435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ICWA: A FORMULA FOR HEARTBREAK

  The SPEAKER pro tempore. Under the Speaker's announced policy of May 
12, 1995, the gentlewoman from Ohio [Ms. Pryce] is recognized during 
morning business for 5 minutes.
  Ms. PRYCE. Mr. Speaker, I want to talk about a formula for 
heartbreak. The Indian Child Welfare Act was never intended to cause 
countless stories of heartbreak and tragedy. It was intended to protect 
native American culture from State agencies and officials who were, 
back in the early 1970's, removing children from their natural homes 
and, in many cases without due process of law, placing them outside the 
Indian culture. This was shameful.
  Mr. Speaker, the Congress acted in 1978. The legislation, the ICWA, 
was well-intended, but it has been applied in a twisting and inaccurate 
way by some courts throughout this country that is equally shameful. 
The result of these misguided applications of the ICWA has had a 
chilling effect on all adoptions.
  I came to learn of the chilling effect from a couple in my district 
in Columbus, OH. Since then, I have come to learn of many, many more 
cases.
  For example, Mr. Speaker, the Indian Child Welfare Act was never 
intended to rip a little girl from her family of almost 6 years, but 
this happened. Clara and Kenneth Siroky took custody of Jessica when 
she was just 22 months old. They have been trying to adopt her every 
since, but last January, a court ordered Jessica from the only family 
she has ever known and placed her with a single uncle of native 
American ancestry.
  She is now 7\1/2\. She has celebrated 6 birthdays in the only home 
and with the only family she has ever known.
  Jessica was born to a mother who was part Indian and a caucasian 
father, making her one-eight native American. Due to problems 
experienced by the birth parents, they lost custody of Jessica who was 
placed in foster care in the Siroky's home. Today, Jessica's biological 
mother is dead, murdered during a drug deal, and her biological father 
is in prison in Nebraska.
  Mr. Speaker, Jessica wants to be adopted by the Siroky's. She wants 
to be with the only people she has every called mommy and daddy. She 
wants to be with her little sister, Susanna. As for 4-year-old Susanna, 
she is hurt and confused by the departure of her older sister, crying 
frequently and wondering where her best friend has gone.
  During the court proceedings, the scared and panicked Jessica begged 
to speak to the judge, but he even refused her. In the end, she only 
had 3 days to say goodbye to her whole world.
  Mr. Speaker, one can only wonder what long-term effects this 
emotional trauma will have on Jessica and all the other children who 
have been removed from their loving homes under this act. How can we, 
as a Congress, allow such a well-intentioned law to be interpreted in 
such a way?
  It is hard to imagine how devastated this family is. It is hard to 
conceive how scared and lonely little Jessica is, being forced to move 
away to a new and strange home with a new and strange parent with no 
friends and an unfamiliar school.
  This horrifying, traumatic story is but one example of the way the 
Indian Child Welfare Act has been abused and distorted. There are 
countless other children and families in this country that have been 
hurt by this flawed legislation.
  Mr. Speaker, it is hard to understand how Congress can allow a law, 
that it passed with all good intentions, to continue to be doing such 
terrible damage to families without taking the initiative to correct 
what we did wrong.
  Congress has an opportunity to remove a major obstruction to safe, 
loving adoptive homes for thousands of children. These minor changes to 
the Indian Child Welfare Act will go a long way toward protecting and 
preserving one of our Nation's most precious resources: Our children.
  Mr. Speaker, I urge my colleagues to join me in taking this very 
important step for parents and children throughout our Nation by 
supporting this legislation.

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