FROM: Mike W. Ray, Media Director
 
Oklahoma House of Representatives
Media Division
 
March 20, 1995
 
FOR IMMEDIATE RELEASE
Contact:  State Rep. Russ Roach
          Capitol: (405) 521-2711
          Tulsa: (918) 743-1935
 
Author of Indian Child-Custody Bill
Vows to Continue Despite Setback
 
OKLAHOMA CITY -- Although a bill to clarify state law pertaining to
custody of Indian children in domestic disputes was soundly defeated on
the House floor last week, "I'm not giving up," the author of the
measure vowed Monday.
 
The obituary on the death of the concepts embodied in House Bill 1966
"was premature," said Rep. Russ Roach, D-Tulsa. "It took me four years
to pass tax-increment financing. I don't intend to give up until the
rights of Indian parents are written into state law."
 
Roach said he introduced the bill because, "Indian tribes treat their
own members in a paternalistic manner," asserting that the tribes think
they "can make better decisions" about the voluntary placement of
children than the parents themselves can.
 
"After years of complaining that the federal government treats Indians
in a paternalistic fashion, I find that ironic," Roach said. There were
general provisions of HB 1966 which benefitted Indians.  These were:
 
 Indian tribes would be prohibited from interfering in child-custody
matters stemming from divorce proceedings. "We don't even allow the
State of Oklahoma to interfere unless there is compelling evidence a
parent has done something wrong," Roach said. "Interference from Indian
lawyers is just as bad as interference from state-government
bureaucrats."
 
 An Indian child placed in a non-Indian home would have to be informed
of his/her tribal affiliation when they turn 18 years old.
 
 Indian tribes would have been permitted to access federal funds when
resolving difficult placement cases, such as those involving handicapped
children. During his tenure in the Legislature, "I have learned that
right doesn't always prevail on the House or Senate floor," the
fifth-term lawmaker said. "False information has won many a legislative
debate."
 
Even though HB 1966 was defeated in the House by a vote of 10-90, "I
intend to proceed in behalf of Indian children, who also are entitled to
the state's protection," Roach vowed. "Even Indian attorneys told me
there was nothing wrong with my bill," he said.
 
Many then told members to vote against the bill without informing Roach.
"After you sit down and invite participation and discussion, and then
people turn around and knife you in the back, it just intensifies your
commitment."
 
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