The Indian Child Welfare Act (ICWA) grants Native American tribes the legal right to request custody of their children when state agencies like the Arizona Department of Child Safety have custody, and once transferred, tribal courts assume full jurisdiction over case plans, placement, and permanency decisions, reflecting the evolving role of tribes in child welfare matters as they develop more resources and jurisdictional authority.
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Latest in the death of an infant found in a Flagstaff hotel roomAdded:
According to DCS, they had custody of the child about a year and a half ago, but gave that custody over to the mother's tribe after the tribe asked for it, well within their rights under the Indian Child Welfare Act. Well, before we go any further, we have to warn you, the details of this case can be tough to hear. According to court documents, police arrested Okra Monakaja on Sunday, May 17th after she called 911 saying she killed her son. Those same records say she told police later she threw the child into his crib after being frustrated with him. Records also say Monakaja said her son had died on May 1st, and at one point she put his body in a freezer. Monakaja reportedly told investigators she didn't call 911 sooner because she didn't want to get into trouble. She's currently on probation for a prior DUI conviction. Karen Klein is a retired child welfare specialist who's had decades of experience working in Arizona. She says sadly she's seen cases like this before.
>> It's always horrible whenever you see something like this, that families are so desperate for whatever reason that something like this is what the outcome is. Monakaja told police she just regained custody of the one-year-old and was caring for her two other children ages seven and nine who were also in the hotel room unharmed. Records show she also said she's the sole caretaker of the kids, doesn't work, and has no external caretaking help. ABC 15 reached out to the Arizona Department of Child Safety back in December 2024. DCS says it took custody of the child from the home, but the mother's tribe requested the case be transferred to tribal court. DCS says that tribe retained custody, and once the matter is transferred, DCS is no longer involved, and all decisions regarding the child's case, including case plan, placement, and permanency decisions are handled by the tribal court and tribal social services.
>> That used to be um that the tribes didn't have a lot of funds available to investigate and support families, and as they've um found other way means for their communities just to thrive and grow, um they've been taking more more jurisdiction directly more often. We've reached out to the mother's tribe for more information. Now, she's facing first-degree homicide, child abuse, and concealment of a body charges. Josh Cristianto, ABC 15 Arizona.
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