Roberta Duckhead Kittson Nyomo recollected that she and her brother were among the few Native American children who were adopted out of Thompson Falls just before the federal Indian Child Welfare Act was enacted in 1978. They were placed in a non-Native household, and Nyomo distinctly recalls their adoptive family’s lack of empathy.
According to Nyomo, a member of the Blackfeet Nation, she and her brother endured abuse, and tragically, she lost her brother to suicide at the age of 15.
To this day, Nyomo said, she believes their lives would have turned out differently if they had been placed in a Native American family. She told her story to the committee and subsequently in an interview with Montana Free Press on Wednesday, following a meeting in which the Senate Public Health and Human Safety Committee heard House Bill 317, which would create the Montana Indian Child Welfare Act and reinforce protections for the state’s Native children by prioritizing tribal involvement in the state’s child placement processes.
The bill is under consideration as the federal Indian Child Welfare Act is challenged in the U.S. Supreme Court by non-Native guardians pursuing adoption of Native children and claiming that ICWA is unconstitutional on the basis of racial inequity.
Nyomo emphasized the importance of retaining ICWA, stating that it serves as a crucial safeguard for the youth of Indian Country. She expressed her strong conviction that no Native American child should ever endure the hardships she and her brother experienced.
Nyomo, a Native adoptee, spoke from personal experience as one of over 30 individuals who came to show their support during Wednesday’s hearing, which marked the final chance for public comment on the bill.
Nyomo expressed in an interview, “I never want any other Indian child to experience the loss of family like I did. Therefore, ICWA holds immense significance for me, and I am determined to go to any lengths necessary to advocate for its preservation.”
Indigenous advocacy groups, such as Western Native Voice and the ACLU of Montana, joined forces with non-Native speakers to occupy the meeting room, displaying their support for HB 317. Additionally, nine proponents actively participated in the meeting via Zoom. Spanning nearly three hours, the session proceeded without any public opposition towards the bill.
The proposal passed through the House Human Services Committee and the House floor in February, and was re-referred to the committee for further debate, whose vice chair, Sen. Dennis Lenz, R-Billings, expressed concerns associated with his own bill, Senate Bill 328, which he said would expand ICWA protections to all children in the state.
In 1978, the federal Indian Child Welfare Act was established, setting guidelines for states in placing Native children who have been removed from their homes. The act mandates a specific order of preference, starting with placing the children with family members, followed by a family belonging to the same tribe residing on the same reservation, and ultimately with a Native American family, before considering a non-Native home.
Bill sponsor Rep. Jonathan Wind Boy, D-Box Elder, said he initially wanted to codify ICWA in Montana law when he carried a similar bill in a previous session. Now, he believes the need is even greater.
Referring to the ongoing federal lawsuit Brackeen v. Haaland, Windy Boy mentioned on the House floor last month that there is a case currently being heard in the U.S. Supreme Court. He noted that this lawsuit could potentially impact matters similar to the one at hand.
If the bill is passed, Montana will join 11 other states that have ICWA policies codified in state law, including New Mexico, Iowa, California, Nebraska, Washington, Michigan, Wisconsin, Minnesota, Oregon and Oklahoma. Wyoming’s governor signed ICWA protections into state law earlier this month.
Lenz, the committee’s vice chair, is advocating for SB 328, a bill in Montana that aims to extend ICWA principles to all child protective services cases. Dubbed the “ICWA For All Bill” by Lenz, SB 328 strives to ensure that children are placed with families who have comparable ethnic, cultural, and religious backgrounds.
Lenz explained in a post-hearing interview, “My aim was to replace the concept of tribal with community, family, church, and other similar entities in order to establish a sense of equivalence. However, it should be noted that certain aspects do not hold an equivalent status on the reservation due to the distinct sub-structure of their government.”
Lenz expressed his belief that Windy Boy’s bill and his own are incompatible, citing concerns about duplicating federal law at the state level. However, Windy Boy and several attorneys argue that the bills are not contradictory to each other.
During the committee questioning, Lenz’s emotions intensified as he directed a question towards Kelly Driscoll, a Missoula family defense attorney who advocated for the passage of HB 317. Lenz sought clarification on the contrasting features between HB 317 and SB 328.
Driscoll responded, acknowledging that Native American families have experienced certain incidents that have had a greater impact on them. “In the state of Montana, nearly half of Indian children are still being subjected to investigations by Child and Family Services, whereas only 37% of White children undergo CPS investigations when comparing the two groups.”
Driscoll also emphasized the need for additional considerations for Indigenous families and expressed her belief in the compatibility of both bills.
Lenz held a differing opinion, expressing, “While I do desire peaceful coexistence, I also wish for us to reside together under the same roof rather than simply being neighbors separated by a fence.”
During his concluding statement, Windy Boy placed significant importance on the distinctive nature of the Indigenous encounter in Montana.
“The discrepancy lies in the past,” Windy Boy remarked. “Numerous events have unfolded in the past century. One significant occurrence was the emergence and subsequent decline of the boarding school era, which occurred in the ’70s.”
According to Windy Boy, the historical mistreatment of Native children substantiates the necessity of implementing specific safeguards for them. He highlighted post-traumatic stress disorder as a long-lasting repercussion of this treatment.
Windy Boy stated that the aim is to improve not only for this bill but for all Montanans as a whole. The main objective is to protect the best interest of children, which is the purpose of this endeavor.
This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state’s 2023 legislative session. Funding is provided in part by the Headwaters Foundation.
