For the children in exile
 For more information see also DLN Coalition Working Group on Native Child and Family Rights and Resources and DLN Issues, Native Child and Family Rights
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 SUIT FILED TO END DISCRIMINATORY PROSECUTION OF NATIVE AMERICAN STUDENTS The ACLU has filed a class action lawsuit in federal court against the Winner School District in South Dakota, charging that the District maintains an environment hostile to Native Americans by, among other things, disciplining Native American students more harshly than Caucasians and by forcing them to sign “confessions” for minor rule breaking, exemplifying a national “School-to-Prison-Pipeline” trend.
NATIONAL CHALLENGE
The ACLU is committed to challenging the "school to prison pipeline." In a disturbing national trend, children, disproportionately children of color, are being funneled out of public schools and into the juvenile and criminal justice systems. Many of these children are especially vulnerable, with learning disabilities or histories of poverty, abuse or neglect, and should receive additional educational services rather than isolation and punishment.
Numerous policies and practices within public school systems and the juvenile justice system that contribute to the school to prison pipeline.
* zero-tolerance policies criminalizing minor instances of school misconduct often result in children being suspended, expelled, or even arrested for relatively minor disciplinary infractions
* schools increasingly ignore and bypass due process protections for children
* policy initiatives emphasize testing and statistics, creating incentives for schools to push out low performing students and distort reporting.
Read more.
View a PDF of the Complaint.
Following are several letters from Alfred Bone Shirt addressing the Judge Brian Collins and SDDSS controversy. The first two discuss articles that appeared in the Todd County Tribune and Lakota Journal to do with the 24 August 2002 Rosebud Spiritual Walk. Following the letters are links to those articles in question and also other Ruth Steinberger's articles on the Rosebud Spiritual Walk and the SDDSS case and a memo from Dana Hanna (Rosebud Public Defender) on the SDDSS case . Click here to read about the Rosebud Spiritual Walk
16 Sept 2002
Greetings,
After Our Spiritual Walk and Rally for Human & Civil Rights that was held
during the Rosebud Fair & Rodeo,
we walked and Rallied for the removal of Judge Brian Collins and to end
the violations at the Court and Jail and the mistreatment of Our Indian Men
& Women.
Don't be fooled that these individuals who are hiding behind the shield of
the name of the White Buffalo Calf Woman. These individuals are advocates
for state jurisdiction and by their own action you will read their own
words. Sherry Red Owl was involved with a voter registration drive here
on the Rosebud Sioux Indian reservation, located in South Central South
Dakota in the mid nineties, At that time many of the Democrat register
cards never made it to the Tripp County office. Now more then ever we know
why, because she is a collaborator of Janklows party. She condemns Our
Sicangu Grass Roots Oyate, American Indian Movement and Traditional and
the A.C.L.U.. We feel she is in that director position because her spouse
is Business manager of the Rosebud Sioux Tribe ( her step son is currently
in Jail in Shelby,S.D. for molestation) The reporter Cal Thunder Hawk is
close relative to one of their members and supporters, he is the one who
did the story.
Look at the link with the information of the Lawsuit Dana Hanna filed
against the Dept of Social Services, Judge Collins in presiding over
that. There is a term called Blocking, is this in play. Also
apparently he is also in Collaboration with the State of South Dakota by
being their foot hold here and being allowed to create a erosion of the
rosebud Sioux Tribes Jurisdiction on Our Own Indian Land, I don't condone
people who won't pay child support, But I strongly condemn the ploy to use
a tactic Tillie Black Bear of White Buffalo Calf women shelter terms" Law
Of Choice" They brag about how many Hundred of thousands of dollars judge
Brian Collins has collected for the state through the Rosebud Tribal Court
system. How can he now preside over a Law suit against the State of
South Dakota. Correct word is Conflict of Interest. Even then having
this Collins and his Indian Children for Profit wife manipulating the
system to go after kids, their family. She was a guiding force in bringing
that 6.1 million dollar Casey Family to Mission,S.D. they sink their
Indian Children adoption program deep here as a regional center, so they
must intend to have a great number of Indian children.
As Grass Roots Lakota People we are tired of this taking place here on the
Rosebud Indian reservation, I sincerely ask any and All of Our supporters
and Our Friends to let these people know that you are with us in Prayer and
thoughts. These individuals who are sticking up for Brian Collins are
against Our Traditions, way of life and sold out to the State of South
Dakota and Wild Bill Janklow.
They have no respect for Our Spiritual walk or Our Sacred Eagle feather
Staff, and disregarded the fact that we done this at the request of Our
Oyate in a sincere Heart, There was four full Blood Sicangu Lakota Men and
two of Us carried the Sacred Staffs. But these supporters of Judge Collins
only had hatred and said many words to degrade all of Us, One of the men
was almost ganged by a relative and friends of the shelters Director. My
wife is recovering from surgery, but they called here and told her to warn
me that they will hurt my family if I don't stop.
15 Sept 2002
Greetings,
After the Protest for Human Rights during the Rosebud Fair on August 24, 2002, The supporters of judge Brian Collins ran a article in two Indian newspapers, The Todd County Tribune, Mission, S.D. and the Lakota Journal, Rapid City,S.D
In both stories the supporters reveal that they have been and are still in collusion with South Dakota state governor Bill Janklow, and the S.D.state. Their testimony reveals that the Tillie Black Bear of the white buffalo calf women society shelter, Mission along with Sherry red Owl Director of Rosebud Sioux Tribes Education Department are allowing the ongoing violations of the State of South Dakota to ignore and disregard the Rosebud Sioux Tribes jurisdiction and sovereignty. they brag about how much child support the tribal court has collected with judge Brian Collins in hot pursuit. judge Collins is the tribal judge who is presiding over the lawsuit filed against the South Dakota Dept. of Social Services concerning related jurisdiction.
The group that Tillie Black Bear and Brian Collins supporters are involved in has been making threats to the families of all the men that protested at the RST courthouse against judge Collins.Calls such as" Watch what you say or your family will be hurt" to even trying to fight one of the men. These supporter are not just women they have men with them.
In the Lakota Journals issue sherry red owl, who is against the Sicangu Grass Roots Oyate and Our members of the American Indian movement, uses any method available to condemn our Movement here. In the eyes of the Grass Roots Lakota Oyate here on the Rosebud we feel she got into her position because of nepotism. her spouse is the currant Business Manager for the Rosebud Sioux Tribe, her mother who is a ex-council rep and adamant supporter of the Pig Farm, also works answering phones at the Rosebud Tribal office.
Back in the middle nineties somehow this sherry red Owl was involved in a voter registration drive here on the Rosebud Indian reservation, during that time alot of the registration cards never made it into the county office in Winner,S.D.( those cards were democrat)
Our Grass Roots Oyate are now talking about demanding that the group that Tillie black bear has change their name from the White Buffalo calf Woman to something else. Because of the way they disrespect lakota men and Others who oppose their stand with state jurisdiction and their condoning the breaking up of the Lakota family unit.
It should also be noted that judge Brian Collins wife is Faith spotted eagle, who has her hands in the Indian children for profit legacy currently unfolding here in the South Dakota Indian reservations, she is a member of the Yankton Sioux Tribe, but sees the easy pickings over here on the Rosebud Indian reservation( hence here they are! )
I got a notice from our D-L-N- web master, that Tillie Black Bear called them and started harassing them over our site.and trying to discredit me in any way she could.
Aho, Hecetu Yelo
I am,
Alfred Bone Shirt
P.O. Box 586
saint Francis, South Dakota 57572
Dear Council Member:
This letter regards the recent controversy about the article that cited Judge Brian Collins past record of convictions and the actions he takes in his courtroom. In response to the recent article a group has formed to proclaim that Collins has done wonders to protect Indian children and families on Rosebud. This group is lead by Collins wife, Faith Spotted Eagle, who is personally involved with children’s issues as far as her own employment. There are too many conflicts of interest affecting our children here.
Initially, Collins family contacted one paper and said the focus on his past convictions was unfair because they were so long ago. That group then claimed the court information was erroneous. If it were erroneous, he would not have returned the gun purchased when the denial was issued. Now they have switched the focus.
Collins protects Indian children and families only when it is their own father or another Indian he is protecting them from. When it has come to protecting Indian children from off reservation interests and state officials, he has done nothing.
In April, 2002 Dana Hannah, the Public Defender for the Rosebud Sioux Tribe, filed a class action lawsuit in tribal court against the South Dakota Department of Social Services (DSS). The suit alleged that DSS regularly removes Rosebud Sioux Tribal children from their families under a Temporary Emergency Custody (TEC) order obtained through tribal court when no actual emergency exists, and that the families are denied a hearing that they would have the right to under state law.
After loosing our own child protective services office, DSS was contracted to provide child protective services on the Rosebud Reservation. DSS follows state laws when they are off-reservation. An emergency order is to be used only in an actual emergency and any time a child is removed under an emergency order, the parent has a right to a hearing within 48 hours. However, under the code imposed by the DSS on tribal families, there is no time limit. This means they take our kids, but give us no hearings or due process. They do this through our tribal court.
The case that was cited in the lawsuit involved Brenda Swalley, whose son was removed from her under an emergency order for eight months before she had a hearing. The case was dismissed because the removal was due to problems her child was having with schoolwork, and there had never been an actual emergency. There was no evidence of child abuse or neglect. At the time DSS also had the mother’s SSI benefits sent to them. After the child was returned DSS refused to return the money.
Even though attorney Dana Hannah took action to protect our children, Collins has refused to act, so our tribe remains at risk.
That lawsuit has been on Brian Collins desk for the past six months. He has the opportunity to protect tribal youth, and a lot of families are affected by DSS. Collins puts as many Indians in jail as possible on the reservation for failure to pay child support, but turns his back when state services victimize Indians.
A lot of off-reservation interests have their hands on our kids. The suit that is sitting on Collins desk would allow us to have a safety boundary from some of them.
I am not excusing Indian fathers who neglect taking care of their kids, but Collins claim to fame involves protecting our kids only from their own Indian parents.
Is our leadership so hard up that we can tolerate this?
Sincerely,
Alfred Bone Shirt
PO Box 586, St. Francis, SD 57572
Dear Editor:
This letter regards the recent controversy about the article that cited Judge Brian Collins past record of convictions and the actions he takes in his courtroom. In response to the recent article about the march, a group has formed to have a counter march and to proclaim that Collins has done wonders to protect Indian children and families on Rosebud. Crap.
Collins protects Indian children and families only when it is their own father or another Indian he is protecting them from. When it has come to protecting Indian children from off reservation interests and state officials, he has done nothing.
In April, 2002 Dana Hannah, the Public Defender for the Rosebud Sioux Tribe, filed a class action lawsuit in tribal court against the South Dakota Department of Social Services (DSS). The suit alleged that DSS regularly removes Rosebud Sioux Tribal children from their families under a Temporary Emergency Custody (TEC) order obtained through tribal court when no actual emergency exists, and that the families are denied a hearing that they would have the right to under state law.
After loosing our own child protective services office, DSS was contracted to provide child protective services on the Rosebud Reservation. DSS follows state laws when they are off-reservation. An emergency order is to be used only in an actual emergency and any time a child is removed under an emergency order, the parent has a right to a hearing within 48 hours. However, under the code imposed by the DSS on tribal families, there is no time limit. This means they take our kids, but give us no hearings or due process. They do this through our tribal court.
The case that was cited in the lawsuit involved Brenda Swalley, whose son was removed from her under an emergency order for eight months before she had a hearing. The case was dismissed because the removal was due to problems her child was having with schoolwork, and there had never been an actual emergency. There was no evidence of child abuse or neglect. At the time DSS also had the mother’s SSI benefits sent to them. After the child was returned DSS refused to return the money.
Even though attorney Dana Hannah took action to protect our children, Collins has refused to act, so our tribe remains at risk.
That lawsuit has been on Brian Collins desk for the past six months. He has the opportunity to protect tribal youth, and a lot of families are affected by DSS. Collins puts as many Indians in jail as possible on the reservation for failure to pay child support, but turns his back when state services victimize Indians.
A lot of off-reservation interests have their hands on our kids. The suit sitting on Collins desk would allow us to have a safety boundary from some of them.
I am not excusing Indian fathers who neglect taking care of their kids, but Collins claim to fame involves protecting our kids only from their own Indian parents.
Sincerely,
Alfred T. Bone Shirt
P.O.Box 586
Saint Francis, South Dakota 57572
Submitted to the Rosebud Sioux Tribal Council
 RST civil court judge accused of felonies; but documents prove otherwise Sept 2002
Controversy at Rosebud draws counter protest to support Judge Collins Sept 2002
Article by Ruth Steinberger on 24 August 2002 Rosebud Spiritual Walk and the Brian Collins Controversy Sept 2002
Ruth Steinberger's article Berlinda Swalley vs. SDDSS
Class Action Suit Against the South Dakota Department of Social Services.
From the UNPO Monitor: Reccomendations of the Indigenous Caucus to the Working Group on Indigenous Populations on the Issue of Indigenous Children
From the Opening Session of the 20th Working Group on Indigenous Peoples,
Monday PM, July 22, 2002,
Afternoon Session 3:00 p.m.
Anna Pinto, Core Manipur
Before proceeding to the specific matters we wish to bring to your attention as outcomes of this workshop, I should like to state on behalf of my own organizations and all those which were represented at the workshop that the work of the WGIP has been of immense significance so far to the concerns of indigenous children and youth. There is also much more work to be done. International Standards on children such as the Optional Protocols to the Convention on the Rights of the Child and related instruments in the UN system, policies such as that which emerged at the recent Special Session on Children and regional instruments and policies are continuing to develop. It is imperative that the Working Group continue to function and to take up a focused activity on interfacing these standards with the developing standards on indigenous populations of which children are a very significant and often a large section. It is estimated that children and youth make up at least half of the entire indigenous population. Indigenous children are at the bottom of every type of indicator. They are uniformly among the poorest people in every country and are subject to every type of exploitation and abuse. They are discriminated on grounds of age within their own communities, and on grounds of sex and indignity when encountering mainstream communities. Bearing in mind that the Indigenous children and youth are the most vulnerable section of a vulnerable society prioritized efforts must be directed at affording the necessary protections and assistance so that they can may fully assume the responsibilities of the community when the occasion arises. The survival and future of indigenous communities lies with these children and it is for this reason that we would like the Working Group to acknowledge the vital needs and rights of the indigenous child and to incorporate the following recommendations into its report.
RECOMMENDATIONS OF THE INDIGENOUS CAUCUS TO THE WORKING GROUP ON INDIGENOUS POPULATIONS ON THE ISSUE OF INDIGENOUS CHILDREN
-Recommends to the Committee on the Rights of the Child that:
In compliance with Article 45 on the Convention on the Rights of the Child, the WGIP in collaboration with the Committee on the Rights of the Child, the Special Rapporteur, and UNICEF, should initiate a study on the violations of the rights and the situation of indigenous children and youth.
-Organize in the year 2003, the general discussion day on the theme of indigenous children.
-In compliance with articles 37 and 40 of the Convention on the Rights of the Child and the appalling number of indigenous children detained because of conflict with the law, that the proposed general discussion day should incorporate a specific sub-theme on the issue of juvenile detention.
-To specifically enquire into the situation of indigenous children on the Committee's examination of all country reports, accessing as required and appropriate, alternative information including from international agencies, government agencies and non government agencies.
RECOMMENDATIONS OF THE INDIGENOUS CAUCUS TO THE PERMANENT FORUM ON INDIGENOUS ISSUES
-The Permanent Forum in its next sitting should ask UN agencies and other international organizations such as the International Labour Organization, the UNICEF, and the UNESCO for a comprehensive and detailed report on the situation and problems of indigenous children and education including present statistics and programme information available with their organizations.
Strongly recommend to UNESCO that:
-A language mapping of all indigenous languages, endangered and in-use, be conducted in collaboration with indigenous peoples.
Understanding that for indigenous peoples, education is a holistic concept and a life process, indigenous education systems must incorporate all aspects of child development including physical development such as indigenous games and sports, cultural education and appropriate interface with conventional education systems.
-The development and promotion of teaching manuals that utilize indigenous languages, pedagogies, methodologies and content including physical, mental, and spiritual development of the child.
-To actively promote and advocate the formal acknowledgment and accreditation of indigenous experts and teachers without discrimination, within the conventional system.
-To strongly support country governments:
-To contextualize in each local indigenous culture, methodologies and content of intercultural and multi-lingual education for indigenous children and youth with the full and equal participation of indigenous authorities, educators, communities, youth and children.
-To promote in the conventional educational systems, substantial curriculum content on the indigenous reality and culture as regionally appropriate including sustainable development, environment, human rights, indigenous history and agriculture.
-That international agencies and government as appropriate should allocate adequate resources including financial resources for the purpose of achieving the above recommendations.
Court Watch Action Team Report -
Indian Juveniles declared menaces to society from Hazel Bonner (July 2004
South Dakota juvenile court system guidebook, second edition, still
lacking Hazel Bonner (April 2003)
A revision of the juvenile court handbook for parents and youth,
published in November 2001 was announced after Thanksgiving in 2002.
A review of the first edition and the revised addition show changes
that are minimal.
Following ACLU Lawsuit on Behalf of Native Americans, SD Officials Agree to Fair School Board Elections ACLU press release (18 March 2003)
Custer youth report released Argus Leader (18 Feb 2003)
Rounds offers plan for juvenile corrections Rapid City Journal (30 Jan 2003)
New juvenile justice bill being drafted Rapid City Journal (23 Jan 2003)
Testimony continues in boot-camp trial Rapid City Journal (16 Jan 2003)
Updated Juvenile-Justice booklet The South Dakota Coalition for Children has released an updated edition of a
booklet explaining the intricacies of the South Dakota juvenile-justice
system. A PDF version can be downloaded at this url.
(20 Dec 2002)
Jury denies payment to boy abused in Custer Argus Leader (14 Dec 2002)
Strange Case of Adelia Godfrey Supports Suspicions
By Ruth Steinberger, Lakota Journal (Sept 27 - Oct 4 2002)
NOTE: The above article goes into much depth concerning questions concerning DOC operations and Heartland.
Juvenile Offenses and Sentencing Committee meets at Custer
State Park Office Conference Room Monday, August 26, 1-4 pm, 2002. Click here for PDF file of the agenda. Minutes
for their last (June) meeting can be found at the LRC webpage
http://legis.state.sd.us.
Committee members are Sen. Ham, chair; Rep. Konold, v-chair;
Senators deHueck, Kleven, Koskan, McIntyre, & Moore;
Reps. Jarvis Brown, Tom Hennies, Madsen, Murschle, Nachtigal,
Van Gerpen, Van Norman, and Hal Wick.
Weed and Seed Community Organizing Efforts Ruth Steinberger at Native Times, July 2002
Martin SD 2001 Weed and Seed Site Characteristics and Activity Report
Indian Children Incarceration Rate 40% Higher Than Whites Ruth Steinberger, Lakota Journal, Friday, July 26, 2002
Use of Dog to Search Children For Drugs Prompts ACLU Suit Friday, July 26, 2002
Lawyer: Dogs never sniffed youngest kids July 27, 2002
Rosebud Sioux file complaint against Winner School District for targeting tribal youth
March 2002
Inmates at Pine Hills Correctional Facility file lawsuit
article by Ruth Steinberger for Lakota Journal, March 2002
School age children are being arrested for minor incidents at South Dakota School, Parents and Tribe file Complaint article by Ruth Steinberger
Amnesty International calls for Investigation of Pepper Spray Use
article by Ruth Steinberger for Native Times, 27 March 2001
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