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Do white children in Minnesota have greater protections from abuse than Indian children? Yes, they do, under a new law authored by state Sen. Mary Kunesh and signed by Gov. Tim Walz. This isn't hyperbole. In a law designed to "strengthen" the Indian Child Welfare Act (a federal law passed in 1978 in a laudable attempt to reduce the disproportionate out-of-home placement rates of Indian children), Sen. Kunesh's bill prevents county social workers and judges from removing Indian children in neglect or abuse proceedings unless the child has suffered "imminent physical damage or harm."
Sounds reasonable, right? Except the law took pains to define "imminent harm" as "immediate and present conditions that are life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury." By contrast, non-Indian children may be removed if the child's "health or welfare" is "endangered." So your "ho-hum" cases of domestic assault on a child, cigarette burns or emotional abuse don't meet the standard for Indian children — they are not "life-threatening" cases. Effectively, this new law gives a pass to Indian families to harm their children so long as it isn't "life-threatening."
Indian children deserve better. County attorneys across the state vehemently objected to this legislation, but they gave up fighting, because no one wants to offend the tribes. Well, this tribal member (Turtle Mountain Band of Chippewa) is deeply offended by this new law, and it should offend all Minnesotans who believe all children are entitled to the equal protection of the laws.
Mark Fiddler, Minneapolis
The writer is an adoption attorney and counsel for plaintiffs in Brackeen v. Haaland.
PLEA DEALS
Forgetting the public
What is going on with the judicial system in this state? Friday's Minnesota section in the Star Tribune gives us two unrelated but perfect examples of the judicial system failing to protect the citizens of our state, the victims of horrific crimes and the taxpayers of Minnesota. In the first article, "Victim's family objects to plea deal for fatal Mpls. crash," we have a repeat offender, allegedly drunk at nearly three times the legal limit running a red light at 85 mph and killing a 22-year-old young adult who was simply in the wrong place at the wrong time. All of this and Hennepin County prosecutors and a judge are going to allow a plea deal calling for "slightly more than 2 1/3 years in prison." In addition, "The plea deal also includes dismissal of a criminal vehicular homicide count." If ever there has been a case calling for more than what is recommended under state guidelines, this is it. There should be no plea deal here. Who is looking out for the victim, and who is looking out for the future victims of this repeat offender?