After protests, courts enter fray

Protests and social media posts alleging abuse of up to 10 Native American children at two local foster care homes have been seen and heard.

Fond du Lac Band attorney Scott Buchanan filed a petition for an emergency protective care hearing for two of the children last week. More than 60 people attended the Zoom hearing for that case on Tuesday, with Sixth District Carlton County judge Rebekka Stumme presiding over a virtual courtroom.

In the end, Stumme ordered that a total of nine children be removed from the two homes at least until the investigations are completed, also ruling on two affidavits filed later last week.

It was an unusual hearing, both due to the number of attendees and the fact that outsiders were present in the virtual courtroom during a juvenile hearing. But nothing about the allegations of abuse has been conventional. Photos and video of the alleged abuse were circulated widely on Facebook, and protesters gathered outside both homes at different times as well as the county courthouse and community services building many days in a row, getting statewide media attention. Additionally, both the children and the alleged abusers are Native American.

In virtual court Tuesday, Stumme first addressed the attendees, requiring that everyone except the parties involved mute their microphones and turn off any video feed.

Carlton County social worker Claire Klein confirmed for the court that the county was aware of the photos and videos of alleged abuse that have been circulating online and is "thoroughly" investigating the claims. She noted that the children in question are not in foster care, but were permanently placed in the home some time ago. She also said the photos were at least a year old. They are of concern, she said, but didn't meet the standard of imminent danger required "to remove Indian children from their home," she said, referring to requirements of the Indian Child Welfare Act, or ICWA.

Buchanan said the Band disagreed as to the imminence factor.

"The band believes that these incidents did not occur in a vacuum and are part of an ongoing pathology," he told the court. "We feel that at least temporarily to allow for the safety of the children they err on the side of caution that the children be removed from the house to avoid any danger or future harm to those children either physically or emotionally."

Pine Knot News reporters viewed the videos and photos on Facebook. One video shows a toddler being spanked repeatedly. Another shows a boy between the ages of 5 and 10 years old wearing only what looks like a diaper while he's being hit in the back with a spatula. The same boy is pictured again being grabbed by the neck, his skin pulled toward the woman grabbing him.

Stumme said she had reviewed all the relevant documents in advance of the hearing, including the two other affidavits filed on Jan. 14. The hearing and her ruling lasted just over 12 minutes.

After the hearing, Jessica Gidagaakoons Smith, who has been acting as the family and community advocate in the alleged abuse protests, told the Pine Knot the children were going to a shelter until family or approved foster care parents could pick them up. Two were going to be picked up immediately, she said.

"I am unsure about the others, but we will be fighting for them to be reunited with their families," the advocate told the Pine Knot.

Danielle Martineau, aunt to at least two of the children in foster care, initially reported the abuse after her three nieces showed her videos and photos taken when they were in the care of the two women being accused. Reached by phone Wednesday, Martineau said she couldn't talk about any details of the ruling or the case moving forward.

"I'm extremely happy," was all she said.

In addition to removing the children, Stumme appointed an attorney for the caregiver, and attorneys and an ICWA guardian ad litem for the two boys that were the subject of the Fond du Lac petition.

At one point one of the children came on the video line and said he shouldn't leave. Stumme told the caregiver that it was not appropriate for her to have a child address the court and that the guardians ad litem and attorneys could speak on the children's behalf at future hearings.

The judge set the next hearing on all three cases for 10:45 a.m. Tuesday, Jan. 25.

Gidagaakoons Smith said she and the other advocates are pleased with the ruling, but they plan to continue "fighting for justice."

"There's been kids who have given testimony of abuse stemming back 15 years," Gidagaakoons Smith said. "We want justice for all current and past victims."