"Institutional racism" is a term that has gained popularity in recent years, and a local family says it's happening to them.
It was coined in 1967 during the Black Power movement, but Native Americans dealt with it long before that. From the 1880s through the 1920s federal Indian policy in the U.S. called for the removal of children from their families and in many cases enrollment in government-run boarding schools.
While those schools are long gone, this local family claims such thinking still exists -- in their case with the state Department of Children, Youth and Families.
Andrea Hicks, who lives in Suquamish, but is a Canadian T'Sou-ke, is trying to get custody of her granddaughter, Anabel. The girl was taken from her mother 2 1/2 years ago due to neglect and other issues, Hicks said. But rather than allow her extended family to take care of her, Anabel has been placed in the foster care system.
That goes against just about every state law on the topic, said Sarah Hicks-Cook, Anabel's second cousin who has done extensive research in an effort to get the state to change its mind.
They said vital considerations under the Indian Child Welfare Act and Local Indian Child Welfare Advisory Committee were only recently introduced. Hicks-Cook said DCYF is not following all the Indian and state laws. "They don't know those laws. They're not educating themselves," she said.
DCYF has stated it does not consider our family to fall under ICWA protections, without explaining why, Hicks-Cook says in an email. "This lack of transparency has obstructed our efforts and raises concerns about the department's interpretation of ICWA guidelines," she writes. "ICWA was designed to protect Native children from being disconnected from their culture. This disregard for cultural preservation reflects systemic failures within DCYF, raising concerns about how Native children are treated within the state's child welfare system."
DCYF has also failed to respect Hicks' connection to Suquamish land, where she has lived for five years, they say. State law requires acknowledging tribal sovereignty and engaging with tribal communities when making decisions about child placements involving Native families. Under state law, ICWA applies to any child with Native heritage, emphasizing cultural connections, regardless of tribal affiliation within the U.S. The Hicks-Cook email says it should extend to Canadian tribes, given the cross-border nature of Indigenous communities.
Despite the ICWA, studies have shown that Native American children are still removed from their homes at a higher rate than children from other ethnicities, often placed in non-Native homes even when suitable family members were available. Some argue that certain practices may still contribute to the separation of Native families, including cultural misunderstandings or inadequate consideration of tribal customs when making child welfare decisions, those studies say.
"Sadly, our family's experience is not unique. Many Native families face similar challenges in the child welfare system when trying to uphold cultural connections and kinship bonds. Families like ours should not have to fight so hard to maintain these bonds, particularly when they are willing and prepared to offer the support needed," Hicks-Cook says.
She said they want to shine a light on the problem because they are not the only ones going through this. She said DCYF needs to be held accountable.
"Our primary goal in sharing this story is to ensure that no other family, especially Indigenous families, has to endure the challenges we are facing," they say in an email. "We hope that by bringing attention to this case, we can help create systemic change that promotes fairness, transparency and cultural respect within DCYF's processes."
General reasons for DCYF to not place a child with family include: lack of suitable foster home; concerns about the family's ability to provide proper care; misinterpretation of ICWA; and complex family situations. If they decide to place outside the native community they need to demonstrate a compelling reason that it's in the child's best interest.
No comment
Nancy Gutierrez, communications administrator with DCYF, says in an email that, "We cannot comment as child welfare records" held by the DCYF are confidential under state and federal laws.
As for how the public is supposed to know if the agency is doing its job correctly if it won't comment, Gutierrez said: "It's not that we won't tell our side, it is that we cannot due to those confidentiality laws."
But one email sent by social services specialist Melissa Kugler to the family does say that Anabel does not like them posting information about her on social media. Anabel says she doesn't like the attention, as her cheer team and educators have seen the posts. One that mentioned broken boots she was wearing was especially troublesome. "While you are not bound by the WACs (state laws) governing foster parents, we hope that you will consider the impact your posts have on Anabel," Kugler says.
Her email goes on to say that Anabel has lots of nice clothes, but liked the broken boots because it was cute to have an "alligator mouth. We want to hear any concerns, but do not want Anabel to feel criticized having questions and pictures around her clothes and shoes."
Her email concludes: "We understand you are passionate about permanency for Anabel, and we hope that we can encourage a positive relationship with Anabel and her family members. We also understand you are frustrated with the system and policy. However, we would like to work together as a team for Anabel."
Ironically, this situation goes against much of what the DCYF says it stands for. A recent news release from the agency says DCYF continues to embrace kin-first culture as over half of children in foster care are now being placed with families instead. Another recent news release of theirs says while in 2018 there were 9,171 children out of home care, there are now 4,941. DCYF's mission statement says it makes a commitment to collaboration and transparency.
Hicks and Hicks-Cook say they are not seeing either of those last commitments. Family keeps being denied and is not being told why.
Anabel has been separated from her family and cultural roots, which has undoubtedly affected her emotional and cultural development, they say in an email to the Kitsap News Group. "Every child deserves to grow up with a strong sense of identity and connection to their heritage, and prolonged delays put that in jeopardy. Our calls for Anabel's well-being and the application of her cultural rights have been largely ignored."
Hicks said DCYF has never tried to get to know her or her family. She said she has 13 grandchildren, three over the age of 21, who would be willing to talk to them. "They have not reached out to the extended family. We are close. That's our heritage. And they're not even interested," Hicks-Cook said.
Even its ombudsmen was no help. Responding to a complaint by the family, deputy director Elizabeth Bokan says in a letter to them that it reviewed and investigated its records and taken appropriate actions. It closed the complaint but can't provide specifics due to confidentiality.
Family efforts
Hicks and Hicks-Cook said they are not related to Anabel's mom, whose actions led to all of this. They are related to Anabel's biological dad, who was in prison when the daughter was taken away, but is now out and visiting her regularly. "We've been visiting her the whole time," Hicks-Cook said of her and her aunt, but all visits are supervised.
Hicks said she would "do whatever it took" to get custody, including being trained as a foster parent. Hicks has completed all the foster care requirements and background checks. But she said DCYF keeps throwing up roadblocks. A recent one is for her to take anger management because she walked out of a meeting when she said they were making false accusations about her. A more-recent text asks for Hicks to undergo a psychological evaluation rather than anger management but does not explain why.
Hicks-Cook said DCYF is making her aunt "run in circles." She said from the start their family has tried for custody. They all received background checks, but somehow those got lost in their system. Hicks said unlike some on both sides of the family she has never been in trouble. She got a bedroom ready for Anabel over two years ago, figuring family would get custody. She even bought clothes for Anabel, which, of course, "she's grown out of now."
Also, Anabel told her attorney that she wanted to see her grandmother. Despite that, the department has failed to facilitate family visitation, effectively disregarding the child's expressed interests and emotional needs, the email from Hicks-Cook says.
The email also says: the licensing specialist overseeing Hicks' case has demonstrated bias through a written evaluation about Hicks' life. That evaluation contains inaccuracies, inconsistencies and falsehoods about Hicks' character and circumstances, they say, adding those inaccuracies discredit Hicks as a kinship placement option. The specialist initially supported kinship placement but later shifted to foster care without providing an explanation. "That lack of clarity raises significant concerns about (her) qualifications," Hicks-Cook's email says.
Hicks-Cook said they get no respect, and one reason she believes is Anabel's dad was in prison. He is also disabled and has been on Social Security since around age 8. But Hicks-Cook says in an email that: Casey Henrion has made every effort to comply with DCYF's requests, completing approximately seven lists of requirements it has given him. Despite that, DCYF continues to request a new neuropsychological evaluation to assess potential brain damage due to prior substance use or injuries, despite Henrion already completing similar evaluations with good results.
Over a year ago, Henrion was asked to leave his Suquamish home so that Anabel could be placed with Hicks. That uprooted him from his community, further alienating him and creating unnecessary hardship. But the move has done little to facilitate Anabel's placement with family, Hicks Cook says in another email.
DCYF has placed him on the same level of progress as Anabel's mother, Leslie Porter, who has not complied with what the court ordered. Henrion has also repeatedly requested that the family be recognized as parties to the case, a request that was only recently granted. "Andrea and I were previously excluded from participation, hindering our ability to advocate for Anabel effectively," she says.
Anabel has been in six foster homes, but a "white" woman who has her now wants to adopt her, Hicks said, claiming the agency wants to take her away from her ancestry. "They're stealing our children," Hicks said.
But things are looking up, at least for this family. Hicks Cook said Dec. 19 that state Rep. Greg Nance of Bainbridge Island has become involved. The family is getting access to records it hadn't previously. Nance also has made a formal request for an oversight review of the case.
"This is a critical step forward in ensuring that Anabel's best interest and our family's rights are fully examined and protected," Hicks Cook said.
1. RCW 13.38.040 - Applicability of ICWA. Requires application of the ICWA to any child with Native heritage. Anabel has ties to the Makah Tribe and also in Canada the Tsouke Tribe.
2. RCW 13.38.070 - Engagement with tribes. Mandates DCYF to notify and collaborate with tribes when making decisions about the placement of Native children.
3. RCW 13.34.060 - Preference for kinship placement. Prioritizes placing children with relatives to preserve family ties.
4. RCW 13.38.050 - Cultural considerations in placement. Emphasizes the importance of placing Native children in homes that reflect their tribal culture.
5. RCW 13.34.030(2) - Reasonable efforts for family placement. DCYF is required to make reasonable efforts to reunify children with their families or ensure that placement decisions align with family and cultural priorities.
6. RCW 74.13.310 - Kinship care. Outlines specific guidelines DCYF must follow for kinship care placements, including streamlined certification.
7. RCW 13.34.130 - Visitation rights. Emphasizes maintaining family connections through visitation.
Lawsuit
DCYF did settle a lawsuit in 2022 filed by Disability Rights Washington that alleged three young people in foster care were not served properly, "essentially rendering them homeless for extended periods of time" and forcing youth to end up in institutions and facilities that further separated them from their families and communities.