A four-year-old boy with an Indian father and a white mother is at the center of an Indian child welfare dispute on the Seneca Nation in New York.
The tribe is matrilineal. Since Koby Hammer Parker's mother is white, he isn't eligible for tribal membership.
That didn't stop a tribal judge -- who is Koby's great-aunt -- from asserting jurisdiction in a custody battle between his parents. She cited the Indian Child Welfare Act, which applies to Indian children who are members, or eligible for membership, in a tribe.
The judge has since been removed from the case for a conflict of interest and Koby's status under ICWA is being considered by a Seneca appeals court. A Seneca man who is helping Koby's mother says the case threatens the Seneca's way of life.
"The most dangerous person on this reservation, right now, to our sovereignty, is that white boy," Michael D. Waterman told The Buffalo News.
Waterman got the parents to agree to joint custody pending the tribal appeals. He said the court system in Erie County should have never allowed Koby's case to be transferred to the tribe.
Get the Story:Caught between two worlds (The Buffalo News 3/4) Relevant Links:
National Indian Child Welfare Association - http://www.nicwa.org Related Stories:
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