Details

The Commission was established to uncover the truth about child-welfare practice within Maine's Native people, especially in the period following the passing of the Indian Child Welfare Act. Its mandate was to find Truth, Healing and Change by giving the Wabanaki people and others involved within the Maine Child Welfare System a place to voice their stories and experiences.

The Process
The Commission and its staff travelled thousands of miles to the villages and communities of Maine to hear individual testimonies. They also reviewed state documents

Governing Legislation
The Commission was instituted according to a mandate signed by the leaders of the five Wabanaki tribal governments and the governer of the state of Maine

Inquiry Locations
Maine, United States of America

Private Sessions
The Commission and its staff interviewed and collected statements from over 150 individuals and focus groups. The first hearings were held in November 2013.

Findings
The Commission made 16 findings. Among these, it found that Indigenous children were taken into foster care at rates disproportionate rates before the passage of the Indian Child Welfare Act (ICWA) until 2013. It also found that Indigenous children were less likely to be adopted than non-Indigenous children and more likely to enter permanency guardianship. Institutional racism was identified as a persistent and ongoing problem. The Inquiry suggested that their findings can be viewed as evidence of cultural genocide, according to the 1948 U.N. Convention's definition of genocide, Article 2, Sections b and e. These reference an intent to destroy through "causing serious bodily or mental harm to members of the group" and "forcibly transferring children of the group to another group." It also found that there was steady resistance to the idea that Indigenous people have experienced or continue to experience cultural genocide. It found that more needs to be done to educate the state about the history of the Wabanaki people and while there have been some improvements, work remains to make awareness uniform at cultural and systemic levels, more Wabanaki foster homes are needed and foster parents need better support. It also found that many people, Wabanaki and non-Indigenous, carry trauma from the experiences they have been through and support must be made available for them.

Recommendations
The Commission made fourteen recommendations. These included the need for respect for tribal sovereignty and a commitment to resolve and uphold federal, state and tribal jurisdictions and protocols at both state and local levels. The importance of honouring Wabanaki choices to support healing was identified as important, as was the need for recognition of cultural bias and better cultural awareness. The Commission recommended more consistent supports for non-Indigenous foster and adoptive families so that Wabanaki children have the strongest possible ties to their culture along with exploration of the possibility of creating more Indigenous foster homes and therapeutic homes. Other recommendations included exploration of the expansion of tribal courts, better supports for communities to foster truth, healing and change and reinstatement of the Maine governor's executive order of 2011 that recognizes "the special relationship between the State of Maine and the sovereign Native American Tribes located within the State of Maine."