A Baby Adopted, A Family Divided
1Digest
"Assembly Required with Stacey Abrams" delves into the story of David Levitt, a former Utah prosecutor, who adopted a Native American child from the Northern Cheyenne Reservation. The adoption raises concerns about potential violations of the Indian Child Welfare Act (ICWA), a law designed to protect Native children from being removed from their communities. The podcast explores the history and purpose of ICWA, highlighting its importance in preventing the forced removal of Native children from their families and communities. The law prioritizes placing Native children with extended family, other Native families, or tribe-approved homes, with non-native placement being the last resort. The podcast reveals the confrontation between David Levitt and the biological family of the adopted child. The family expresses their anger and frustration over Levitt's involvement in the adoption, questioning his motives and challenging his claim to be a "great uncle" to the child. The podcast discusses the leak of David Levitt's interview with Amy Herdy to a local news station in Utah. Mary Grace Medicine Top, the grandmother of the adopted child, reacts with anger and frustration, feeling betrayed by Levitt and concerned about her family's involvement in the situation. The podcast explores the story of Mary Grace Medicine Top, the grandmother of the adopted child, who experienced the Indian Student Placement Program as a child. This program, run by the LDS Church, involved placing Native children in Mormon families, often with the goal of assimilation. Mary's own struggles with alcohol and substance abuse led to her children being placed with the Eastwoods, the family of David Levitt's wife. The podcast reveals the connection between the Eastwoods, Mary Grace Medicine Top's foster family, and the Levitt family. Shalom, one of the Eastwood daughters, is married to David Levitt. The Eastwoods' involvement in Mary's life and the subsequent adoption of her granddaughter by David Levitt highlight the complex web of relationships and potential conflicts of interest. The podcast focuses on Tona Fishinghawk, the mother of the adopted child, who struggled with alcohol abuse and faced challenges in caring for her children. Mary Grace Medicine Top, concerned about Tona's well-being, reached out to the Eastwoods for help. David Levitt, influenced by his in-laws, became involved in the situation and eventually adopted Tona's youngest daughter. The podcast presents a recording of a confrontation between David Levitt and Darwin Fishinghawk, Mary Grace Medicine Top's son. Darwin expresses his anger and frustration over Levitt's attempt to adopt Tona's children, emphasizing the family's right to care for their own. Levitt defends his actions, claiming to be a "great uncle" and emphasizing his commitment to the child's cultural heritage. The podcast introduces Gary Valenzuela, the biological father of the adopted child, who has been fighting to be a part of his daughter's life. Gary's efforts to regain custody of his daughter are hampered by Utah's restrictive laws regarding unmarried fathers and the controversial Supreme Court ruling that limits the application of ICWA in certain cases. The podcast highlights the legal blunder in the adoption case, arguing that the adoption should have been handled by the Northern Cheyenne tribe under ICWA. Gary Valenzuela, denied his rights under ICWA, faces the heartbreaking reality of being separated from his daughter. The podcast presents David Levitt's perspective on the adoption, claiming his motivations were altruistic and that he acted in the best interests of the child. He defends his actions, emphasizing his commitment to the child's cultural heritage and his efforts to help Tona and her family. The podcast examines a letter written by the tribal president of the Northern Cheyenne tribe, Jace Killsback, supporting David Levitt's adoption of the child. The letter, used by Levitt to demonstrate tribal support, is deemed meaningless by tribal officials, who question the president's authority to grant such a blessing. The podcast presents Tona Fishinghawk's perspective on the adoption, acknowledging the difficult circumstances she faced and her decision to place her youngest daughter with David Levitt. She expresses gratitude for his help and believes the adoption provided her daughter with a stable life. The podcast highlights the concerns of the Northern Cheyenne tribe regarding the adoption, emphasizing the importance of keeping Native children connected to their communities. The tribe questions the legitimacy of the adoption process and the impact it has on the child's cultural identity. The podcast concludes by discussing the need for better data collection on ICWA compliance and the Northern Cheyenne tribe's ongoing efforts to address the adoption case. The tribe's actions highlight the importance of protecting Native children's rights and ensuring their connection to their communities.
Outlines
The Adoption and ICWA
This episode explores the controversial adoption of a Native American child from the Northern Cheyenne Reservation, raising questions about the Indian Child Welfare Act (ICWA) and the complex web of relationships involved. The podcast delves into the story of David Levitt, a former Utah prosecutor, who adopted a Native American child from the Northern Cheyenne Reservation. The adoption raises concerns about potential violations of the Indian Child Welfare Act (ICWA), a law designed to protect Native children from being removed from their communities. The podcast explores the history and purpose of ICWA, highlighting its importance in preventing the forced removal of Native children from their families and communities. The law prioritizes placing Native children with extended family, other Native families, or tribe-approved homes, with non-native placement being the last resort.
The Family's Perspective
The podcast reveals the confrontation between David Levitt and the biological family of the adopted child. The family expresses their anger and frustration over Levitt's involvement in the adoption, questioning his motives and challenging his claim to be a "great uncle" to the child. The podcast discusses the leak of David Levitt's interview with Amy Herdy to a local news station in Utah. Mary Grace Medicine Top, the grandmother of the adopted child, reacts with anger and frustration, feeling betrayed by Levitt and concerned about her family's involvement in the situation.
Mary Grace Medicine Top's Story
The podcast explores the story of Mary Grace Medicine Top, the grandmother of the adopted child, who experienced the Indian Student Placement Program as a child. This program, run by the LDS Church, involved placing Native children in Mormon families, often with the goal of assimilation. Mary's own struggles with alcohol and substance abuse led to her children being placed with the Eastwoods, the family of David Levitt's wife.
The Eastwoods and the Levitt Family Connection
The podcast reveals the connection between the Eastwoods, Mary Grace Medicine Top's foster family, and the Levitt family. Shalom, one of the Eastwood daughters, is married to David Levitt. The Eastwoods' involvement in Mary's life and the subsequent adoption of her granddaughter by David Levitt highlight the complex web of relationships and potential conflicts of interest.
Tona Fishinghawk's Struggles and the Adoption Decision
The podcast focuses on Tona Fishinghawk, the mother of the adopted child, who struggled with alcohol abuse and faced challenges in caring for her children. Mary Grace Medicine Top, concerned about Tona's well-being, reached out to the Eastwoods for help. David Levitt, influenced by his in-laws, became involved in the situation and eventually adopted Tona's youngest daughter.
The Confrontation with Darwin Fishinghawk
The podcast presents a recording of a confrontation between David Levitt and Darwin Fishinghawk, Mary Grace Medicine Top's son. Darwin expresses his anger and frustration over Levitt's attempt to adopt Tona's children, emphasizing the family's right to care for their own. Levitt defends his actions, claiming to be a "great uncle" and emphasizing his commitment to the child's cultural heritage.
Gary Valenzuela's Fight for His Daughter
The podcast introduces Gary Valenzuela, the biological father of the adopted child, who has been fighting to be a part of his daughter's life. Gary's efforts to regain custody of his daughter are hampered by Utah's restrictive laws regarding unmarried fathers and the controversial Supreme Court ruling that limits the application of ICWA in certain cases.
The Legal Blunder and the Tribe's Concerns
The podcast highlights the legal blunder in the adoption case, arguing that the adoption should have been handled by the Northern Cheyenne tribe under ICWA. Gary Valenzuela, denied his rights under ICWA, faces the heartbreaking reality of being separated from his daughter. The podcast highlights the concerns of the Northern Cheyenne tribe regarding the adoption, emphasizing the importance of keeping Native children connected to their communities. The tribe questions the legitimacy of the adoption process and the impact it has on the child's cultural identity.
Keywords
Indian Child Welfare Act (ICWA)
Federal law passed in 1978 to protect Native American children from being removed from their families and communities. It prioritizes placing Native children with extended family, other Native families, or tribe-approved homes.
Adoption Industry
Refers to the commercialization of adoption services, often involving profit-driven motives and potentially unethical practices. It can raise concerns about the well-being of children and the rights of biological families.
Assimilation
The process of absorbing one cultural group into another, often involving the suppression of the original culture. In the context of Native American history, assimilation policies aimed to erase Native cultures and traditions.
Generational Trauma
Trauma that is passed down from one generation to the next, often through family dynamics and cultural experiences. It can have lasting effects on individuals and communities, impacting mental health, relationships, and overall well-being.
Sovereign Nation
A nation that has its own government and is not subject to the authority of another nation. Native American tribes are recognized as sovereign nations with their own laws and governance.
Legacy of Non-Native People Taking Children from the Reservation
Refers to the historical practice of removing Native American children from their families and communities, often through forced assimilation policies. This practice has had a devastating impact on Native families and communities, leading to cultural loss, trauma, and disruption of family bonds.
Q&A
What is the Indian Child Welfare Act (ICWA) and why is it important?
ICWA is a federal law designed to protect Native American children from being removed from their families and communities. It prioritizes placing Native children with extended family, other Native families, or tribe-approved homes, with non-native placement being the last resort. ICWA aims to preserve Native cultures and traditions by keeping children connected to their heritage.
How did David Levitt's adoption of a Native American child raise concerns about potential violations of ICWA?
Levitt's adoption raised concerns because he took the child from the Northern Cheyenne Reservation without following the proper ICWA procedures. The law prioritizes placing Native children with family members or other Native families, and Levitt's actions appeared to bypass these provisions.
What were the arguments made by David Levitt and his supporters regarding the adoption?
Levitt claimed his motivations were altruistic and that he acted in the best interests of the child. He emphasized his commitment to the child's cultural heritage and his efforts to help Tona and her family. He also presented a letter from the tribal president, Jace Killsback, as evidence of tribal support.
What were the concerns raised by the Northern Cheyenne tribe regarding the adoption?
The tribe expressed concerns about the adoption process, arguing that it violated ICWA and undermined the tribe's sovereignty. They questioned the legitimacy of the tribal president's letter and emphasized the importance of keeping Native children connected to their communities.
What are the implications of this adoption case for the future of ICWA?
The case highlights the need for better data collection on ICWA compliance and the importance of ensuring that the law is properly enforced. The Biden administration is working on a rule that would require states to collect and report ICWA data to the federal government. The Northern Cheyenne tribe's continued efforts to address the adoption case demonstrate the ongoing struggle to protect Native children's rights and ensure their connection to their communities.
Show Notes
In 2017, David Leavitt drove to the Northern Cheyenne reservation in Montana to adopt a baby girl. A few years later, during an interview with a documentary filmmaker, Leavitt, a wealthy Utah politician, told a startling story about how he went about getting physical custody of that child.
He describes going to the tribe’s president and offering to use his connections to broker an international sale of the tribe’s buffalo. At the same time, he was asking the president for his blessing to adopt the child.
That video eventually leaked to a local TV station, and the adoption became the subject of a federal investigation into bribery. To others, the adoption story seemed to run afoul of a federal law meant to protect Native children from being removed from their tribes’ care in favor of non-Native families.
This week on Reveal, reporters Andrew Becker and Bernice Yeung dig into the story of this complicated and controversial adoption, how it circumvented the mission of the Indian Child Welfare Act, and why some of the baby’s Native family and tribe were left feeling that a child was taken from them.
This episode was produced in collaboration with the Investigative Reporting Program at UC Berkeley’s Graduate School of Journalism.
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