Judge Debra O’Gara has spent over a decade working on Indian child welfare cases and directing trainings on ICWA. She says that some states are better than others at adhering to the federal law and 'right now, Alaska, I would say, is not doing so well.'
Judge Debra O’Gara pictured in 2020. She has spent over a decade working on Indian child welfare cases and directing trainings on ICWA for guardians, case workers and lawyers, in the state and Tribal court systems.
“In one of the suburban, predominantly white neighborhoods that we lived in, there was twice in my childhood where [Child Protective Services] was called in and an investigation was conducted,” she said. “There were assumptions that we weren’t taken care of because my mom wasn’t home at night. In fact, we actually were taken care of and had somebody staying there with us. We were doing just fine.”
O’Gara said that many of these children are eventually adopted by non-Native families and often even removed from Alaska, despite the passage of ICWA. But, because these familial structures are less common in the U.S., she says, the system often gets concerned about who is taking care of the children in these households.
“The removal of the Native children was just one of the ways to completely annihilate and disappear Native people,” she said.
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