Foster care and Indigenous youth: Big Business

A disturbing NPR series on native youth in foster care, with a focus on South Dakota's foster care industry.

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Native Foster Care: Lost Children, Shattered Families

Laura Sullivan and Amy Walters

Listen to the Story

All Things Considered

[22 min 47 sec]

Enlarge John Poole/NPR

Derrin Yellow Robe, 3, stands in his great-grandparents' backyard on the Crow Creek Reservation in South Dakota. Along with his twin sister and two older sisters, he was taken off the reservation by South Dakota's Department of Social Services in July 2009 and spent a year and a half in foster care before being returned to his family.

October 25, 2011

Overview of a three-part investigation

Nearly 700 Native American children in South Dakota are being removed from their homes every year, sometimes under questionable circumstances. An NPR News investigation has found that the state is largely failing to place them according to the law. The vast majority of native kids in foster care in South Dakota are in nonnative homes or group homes, according to an NPR analysis of state records.

More From This Investigation

Part 1: Incentives And Cultural Bias Fuel Foster System

Native American grandparents like Janice Howe fight to bring children back to the reservation.

Part 2: Tribes Question Foster Group's Power And Influence

In South Dakota, Children's Home Society cares for hundreds of Native American children.

Part 3: Native Survivors Of Foster Care Return Home

Native Americans like Dwayne Stenstrom, who were sent away as children, seek the heritage they lost.

A Fight For Her Grandchildren Mirrors A Native Past

Suzanne Crow's struggle to bring home her grandchildren harkens her boarding school days.

Disproportionality Rates of Native American Children In Foster Care

A nation-wide comparison of the Native American child population in state child welfare systems.

Years ago, thousands of Native American children were forcibly removed from their homes and sent to boarding schools, where the motto of the schools' founder was "Kill the Indian, Save the Man." Children lost touch with their culture, traditions and families. Many suffered horrible abuse, leaving entire generations missing from the one place whose future depended on them — their tribes.

In 1978, Congress tried to put a stop to it. They passed the Indian Child Welfare Act, which says except in the rarest circumstances, Native American children must be placed with their relatives or tribes. It also says states must do everything it can to keep native families together.

But 32 states are failing to abide by the act in one way or another, and, an NPR investigation has found, nowhere is that more apparent than in South Dakota.

"Cousins are disappearing; family members are disappearing," said Peter Lengkeek, a Crow Creek Tribal Council member. "It's kidnapping. That's how we see it."

State officials say they have to do what's in the best interest of the child, but the state does have a financial incentive to remove the children. The state receives thousands of dollars from the federal government for every child it takes from a family, and in some cases the state gets even more money if the child is Native American. The result is that South Dakota is now removing children at a rate higher than the vast majority of other states in the country.

Native American families feel the brunt of this. Their children make up less than 15 percent of the child population, yet they make up more than half of the children in foster care.

Critics say foster care in South Dakota has become a powerhouse for private group home providers who bring in millions of dollars in state contracts to care for kids. Among them is Children's Home Society, the state's largest foster care provider, which has close ties with top government officials. It used to be run by South Dakota's Gov. Dennis Daugard. An NPR investigation has found that Daugard was on the group's payroll while he was lieutenant governor — and while the group received tens of millions of dollars in no-bid state contracts. It's an unusual relationship highlighting the powerful role money and politics play in South Dakota's foster care system.

"They make a living off of our children," said Juanita Sherick, the tribal social worker for the Pine Ridge reservation.

Some children are removed from their homes for legitimate reasons. But in South Dakota very few are taken because they've been physically or sexually abused. Most are taken under a far more subjective set of circumstances. The state says the parents are neglectful. But NPR's investigation shows that even Native American children who grow up to become foster care success stories, living happy, productive lives, say the loss of their culture and identities leaves a deep hole they spend years trying hopelessly to fill.

Read the complete first part of our yearlong investigation here.

Black girls and the Prison Industrial Complex.

School-to-prison-pipeline links:

• ACLU Racial Justice Program page on Challenging the School-to-Prison Pipeline at http://www.aclu.org/racial-justice/school-prison-pipeline

• NAACP Legal Defense and Education Fund, Inc. page on School to Prison Pipeline at http://www.naacpldf.org/issues.aspx?issue=3

• Charles Hamilton Houston Institute page on Redirecting the School to Prison Pipeline at http://www.charleshamiltonhouston.org/Projects/Project.aspx?id=100005

• Juvenile Law Center at http://www.jlc.org/

• Southern Poverty Law Center page on School-to-Prison Pipeline at http://www.splcenter.org/legal/schoolhouse.jsp

• Dignity in Schools Campaign site with links to research as well as tools specifically for parents, students, community organizers, and educators, at http://www.dignityinschools.org/

• Advancement Project site specifically for grassroots advocates challenging the Schoolhouse to Jailhouse Track at http://www.stopschoolstojails.org/

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In post-racial America, prisons feast on black girls.

New American Media Ethnoblog

By Rachel Pfeffer, Mar 15, 2011


African American girls and young women have become the fastest growing population of incarcerated young people in the country. Efforts to stop mass incarceration focused on black girls are almost nonexistent in government policy, the media, foundations and academia.

Recently, the Thelton Henderson Center for Social Justice at the University of California, Berkeley’s Boalt Law School took the bold and necessary step of organizing a day-and-a-half free event titled, “African American Girls and Young Women and Juvenile Justice System: A Call to Action.”

The beauty of this conference was the focus on black girls and the passionate energy to create a path for action among the participants.

Academics and activists, among them formerly incarcerated African American girls and young women, gathered together from across the divides of class, age, race and place to talk about what we know about these young people, their interaction with the criminal justice system--and what we are going to do about it.

Sociologist Nikki Jones of UC Santa Barbara, and Meda Chesney-Lind, University of Hawaii opened up the conference with a look at the statistics.

“No”, said Jones, “Black girls are not committing more crimes, even though they are being incarcerated in record numbers.”

“I’ve been studying this for decades,” said Chesney-Lind. She added, “We have never seen these kind of numbers before. National policies like zero tolerance are responsible for the school to prison pipeline. And a dual justice system that treats white girls differently from black girls is disproportionately impacting African American girls.”

She continued, “In 2008, we knew the arrest rate in California was 49 out of every 1,000 for black girls, 8.9 per 1,000 for white girls and 14.9 per 1,000 for Latinas.”

The cause of the over criminalization of African American young women is best understood by looking back through the lens of American history and the ideological construction of black criminality.

“The shackles of slavery endured into other eras, including convict leasing systems and chain gangs,” said Prisicilla Ocen, a professor at UCLA’s Critical Race Studies.

“In order to sustain these systems, de-humanizing stereotypes of black women were created to maintain the difference between white and African American women,” she said. “Black girls are still dealing with racial and gendered stereotypes that were used to justify punishment.”

Ocen continued, “These historical stereotypes laid the groundwork for the creation of a dual criminal justice system – one where African American women and girls are treated differently for the same behaviors.”

Many participants saw the treatment of African American girls in the justice system as criminal with little accountability. “Adults are committing crimes too; this is part of the story that needs to be told,” said Barry Krisberg, Research and Policy Director at UC Berkeley’s Earl Warren Institute on Law.

Krisberg went on, “Once in the criminal justice system, African American girls are treated with brutality, so much emotional and sexual abuse. We are violating African American girls’ human rights everyday in all 58 counties of California. Where are the lawsuits? Where is the accountability?”

The breadth of the problem seems overwhelming, yet no one at the conference seemed daunted. The resolve in the room at Boalt Law School was palpable and the ideas for action began to flow. Formerly incarcerated participants, who work at the Center for Young Women’s Development (CYWD), and other formerly incarcerated African American girls will lead these efforts. They are the experts.

For the past 17 years, young women at CYWD have been leaving jail, the street economies and gangs to work for self healing, social justice, policy change and a meaningful place in their communities.

“The call to action is the task before us—there are a number of things we can do,” said Lateefah Simon, activist and executive director of the Lawyers Committee for Civil Rights San Francisco.

“The Henderson Center can provide institutional support for African American Leaders, who are engaging in the criminal justice system. We can convene all the judges, we can organize ourselves locally and nationally to focus on African American girl,” said Simon. “Yes, let’s do that--we want our girls to be free.”

There is room for everyone to have a meaningful part in efforts to stop the over incarceration of African American girls or young women. For more information about how to get involved in this effort please contact: african.american.girls.a.call.to.action@lists.berkeley.edu

Rachel Pfeffer is the founder of the Center for Young Women’s Development and currently on the Advisory Board. For more information www.cywd.org.