Cherokee trust shaken in Swain DSSWritten by Colby Dunn
Tribal members and leaders alike vented their discontent with Swain County’s handling of child welfare for Cherokee children at this month’s tribal council meeting.
The Eastern Band no longer wants to rely on Swain County’s Department of Social Services but instead is laying a framework for a new, tribe-operated child protective unit.
Their anger was in response to the death of 15-month-old Aubrey Kina-Marie Littlejohn, who died in January despite repeated warnings by relatives to Swain DSS of suspected abuse and neglect. The department is now under investigation for possible missteps and a subsequent cover-up.
The Eastern Band doesn’t handle its own child protective services; the task falls to DSS agencies in neighboring counties.
That may soon change, however. Family members, community members and professional child advocates appeared before the council and implored them to bring child welfare in-house.
“Our priorities are not on our own people,” said Regina Rosario, director of Heart-to-Heart, a Cherokee child advocacy program. “We can realign priorities, and all it takes is just the will in this chamber right here.”
Principal Chief Michel Hicks, who said he had to tread carefully in light of the ongoing investigation, acknowledged that there were problems with the current set-up of child welfare services, and confirmed that “the fire is burning again” on an initiative dating back to 2007 to bring it under the auspices of the tribe.
Hicks said he’s pulled together a team of deputies and other officials to look into the feasibility of a child welfare unit, and that reports will be coming to council over the next few months.
Aubrey’s family also stood up to ask the community for support, putting their voice behind resurrecting the idea of tribal child protective services.
Ruth McCoy, Aubrey’s great aunt, with tears thanked the council for engaging a private investigator following the child’s death. Chief Hicks and Tribal Attorney General Annette Tarnawsky made the decision to hire the investigator to check into her death because of reservations about how the case had been handled. Case workers had visited the child’s home several times prior to her death, and state investigators are now looking into allegations that workers failed to follow up with Aubrey and then falsified records in the case.
“She can’t speak, so we have to speak for her,” said McCoy, who is heading a letter-writing campaign lobbying the state for a full investigation of Swain County child protective services, which has now been launched.
She too asked council and the chief about moving child protective services under the umbrella of the tribe, referencing a 2007 proposal by Hicks to do just that.
McCoy proclaimed this the time to take action in the wake of Aubrey’s death.
“Let’s do something about this and get some questions answered about what’s going to happen with our social service department,” said McCoy.
“The simple fact is we just want the truth to be told,” said Hicks. “We also don’t want to see this happen to another baby in our future.”
Tribal children at risk
Many members have questioned whether Swain County social workers take cases involving American Indian children as seriously as white children. The failure by Swain DSS to remove Aubrey from an unsafe trailer that lacked heat and had known drug activity underscores the concern, family members say.
“It’s unfortunate and it does bring question to what else may be sitting out there to where a job has not been done on behalf of our tribal memberships,” Chief Hicks said. “And that’s a huge question and that’s a huge issue that we have to get to the bottom of. It’s time to take a different approach on social services, without question.”
But Carol Maennle, a Swain County social worker, said their agency looks after Native American children the same as white children.
“Don’t think for a minute we don’t love and try to treat them the same way,” Maennle said during a Swain County meeting this week.
Swain County DSS stands to lose money if the tribe takes over its own child welfare cases. DSS receives more for services provided to Native American children than for other children. Reimbursement for social work involving Cherokee children comes from the federal government, which provides a higher level of reimbursement, while funding for other children comes from the state, which doesn’t pay as much.
Other community members asked council members to take action to improve social services, as well.
Council Member Teresa McCoy reported that at a recent community meeting in Big Cove, more than a few residents came forward to relay their own bad experiences with social services in both Swain and Jackson counties, and even more came forward to express similar grievances to tribal council.
“Obviously this issue has touched everybody on this boundary. We’re parents and we take it personally,” said McCoy.
Jasmine Littlejohn, Aubrey’s mother who is currently jailed on federal drug charges, called tearfully for DSS officials to be called to account, saying that she hoped her daughter’s death would not be in vain.
“I want to see that nothing else like this happens to another child,” said Littlejohn, in a jailhouse interview. “My daughter may have just saved other child’s lives.”
Littlejohn said she was confident that, had her daughter not been American Indian, she would have been given better treatment by DSS workers.
Tarnawsky’s office has encouraged members with complaints about social services to contact them, noting that they’ve been involved in the investigation from the outset.
“We just want to find out what happened to this child and see what steps we as a tribe need to make and to take so that our children are well-protected,” said Tarnawsky.
Other tribal council members also expressed support for the initiative to take some social services out of state hands.
Bill Taylor, who represents Wolftown, said moves should be made on meetings held nearly a year ago to discuss that very idea.
“I think it’s the consensus of everybody here that we need our own program,” said Taylor. “Who’s going to take care of our children better? Our own people. I think it’s time that we stop dragging it on, and let’s do something about it before this happens to another family.”
The chief, however, turned it back on the council, challenging them to take their own steps towards a more active role in the tribe’s next move on the issue.
“It’s time for us all to step up and do something about it,” said Hicks. “It’s not just on the chief’s shoulders. There’s 12 council members that can step up also.”