The Native American Press (Bemidji, Minnesota), 1992-12-04

              State Agencies Appear Ineffective In Hennepin County Detox Investigation
By Gary Blair
If grassroots members of the
Minneapolis American Indian
community hadn't taken action to
expose the abuse and neglect of
patients at the Hennepin County
Detox Center, then it's highly possible
the State of Minnesota would have
never taken effective action to stop
the abuse. Information found in
documents obtained by the PRESS
and interviews with state officials
demonstrate why the abuse was never
effectively dealt with by the State
Attorney General's Office, State
Department ofHuman Services, and
the State Office of Health Facility
Complaints.
On November 24, 1992, the State
Department ofHuman Services finally
issued an ORDER OF
REVOCATION against the Hennepin
County Detox Center, but only after
pressure from American Indians
seeking change at this facility did the
State finally take stronger action
(action that again may end up in court
with nothing being resolved).
On September 28, 1990, the
Department ofHuman Services sent a
letter addressed to the Chairperson,
Hennepin County Board of
Commissioners informing then that
the Hennepin County Alcohol
Receiving Center located at 1800
Chicago Ave. S. was now on NOTICE
OF PROBATION. Contained in the
letter to the Hennepin County Board
of Commissioners was nothing
directly related to the abuse and
neglect complaints that this state
agency had been receiving from
former patients of the Hennepin
County Detox Center. Instead, it was
a notice that contained rule violations
pertaining to regulations governing
the operation ofthe Detox Center that
the County had not properly corrected,
and nothing about the complaints that
they had received of abuse and neglect
of patients at this facility.
On March 25, 1991, this same
department sent another letter to John
Denis, Chairperson, Hennepin county
Board of Commissioners informing
him that a fine of 1,000 dollars per
day was being ordered for failing to
correct the violations cited in their
earlier Notice of Probation against
the Detox Center.
On December 1, 1992, the PRESS
interviewed James Loving, Director,
Division of Licensing, and Larry
Burzinski, Supervisor, Division of
licensing, State Department ofHuman
Services. According to Loving and
Burzinski, the 1,000 dollar a day fine
did nothing to bring about any
compliance from Hennepin County
officials.
Loving told the PRESS, "The County
then appealed the order and the matter
has been in the courts ever since."
Both Loving and Burzinski admitted
their department has been ineffective
in dealing with the Hennepin County
Detox Center. They say the problem
has been with the Center's
administration and the lack of
attention by the County's
administrator and the County Board.
Loving also mentioned that his
department received 31 complaints
in the last 18 months involving the
Hennepin County Detox Center.
Included in those complaints were
three for sexual abuse and eight for
physical and verbal abuse. Complaints
that averaged one every two weeks,
complaints that were submitted before
the state ever started its recent
investigation into the abuse and
neglect allegations against the Detox
Center.
When the PRESS asked Loving if
he had seen any red flags go up with
the large number of patient
complaints, he said, "That's not fair,
we have done all we can, we need
tougher laws."
On December 2, 1992, the PRESS
phoned Mike Triple, Interim Director,
Office ofHealth Facility Complaints.
In the interview, Triple also found
himself admitting that his agency's
efforts to deal effectively with
hennepin County and the Detox
Center were also lacking. He agreed
that his agency had little rapport with
the American Indian commumty, but
they were willing to improve on that
record. Both agency officials told the
PRESS that the Attorney General's
Office reviews all of the orders that
they issue to any state licensed facility.
A most recent example, the order for
revocation now pending against the
Detox Center.
In Minnesota, if a person starves a
horse, one could go to jail for that, it's
assumed that most people know this.
But, on the other hand, if you beat,
rape, or break the arms of American
Indian people, nothing will happen to
you if you're a member ofthe Hennepin
County Detox Center staff of the
Minneapolis Police Department. The
following are some examples of the
things some members of the Detox
Center staff and the Minneapolis
Police Department have done to
people with no
consequences.
On February 18, 1992, State
investigators discovered that a
patient's finger was severed by the
QUIET ROOM door at the Detox
Center, and again, on May 12, 1992,
three months later, another patients
finger was damaged in the same
manner. Still yet on September 17,
1992, after another three months,
another patient's finger was lost. But
this time, the Detox Center was caught
trying to cover it up and has since had
to take responsibility for the incident.
The PRESS has learned thatthe Detox-
center staff involved in this form of
abuse are still on the job, in fact, they-
haven't lost a day's pay over it.
In years past, staff at the
Minneapolis American Indian center
were observed watching as members
ofthe Minneapolis Police Department
beat up American Indian males in the
center's parking lot. Those who
watched the beating say the two were
clubbed by the Police and were not
resisting arresj.
When the PRESS asked James
Loving, and Larry Burzinski, if they
thought the abuse at the Hennepin
County Detox Center was connected
to racism, neither of them answered.
When they were asked to comment on
the fact that out of the 17,000
admissions at the Hennepin County
Detox Center last year, only 17
American Indians received treatment,
neither of these officials would
comment.
What's even more alarming is half
of those American Indian people
ended up in mainstream treatment
programs that weren't culturally
based. This all took place right under
the nose of Joe Big Bear, the very
person who recently sat on the
governor's advisory committee on
chemical dependency and also works
at the Detox Center. The same Big
Bear, who along with the Detox
Center's program Manager, Paul
Norman, tried to snow the PRESS
and cover up the abuse ofDetox Center
staff by blaming it all on the
Minneapolis Police Department who
apparent^have been known to be as equally
abusive.
When the PRESS asked James
Loving, if he was aware of the
conditions American Indians are now
housed in, in order to receive culturally
based treatment, he said he wasn't
aware. When asked if beating people
up and then asking if they want
treatment made any sense, Loving
agreed that it didn't. Then the PRESS
■■■■....■v.-
told himthat's what'sbeen happening
to most American Indians who passed
through the Hennepin County Detox
Center. He again made no comment.
With all the information that's being
generated about the abuse at the Detox
Center, we still have people such as
Hennepin County Commission, Peter
McLaughlin, telling people that these
are only allegations and nothing more.
What will it take for McLaughlin to
pull his head out of the sand. Will it
take arrests of Detox Center staff by
law enforcement to get his attention?
Maybe he's hoping he'll find another
Indian like Clyde Bellecourt, who's
willing to give him approval
regardless of the situation or his
position. Or maybe he's hoping this
will turn out similar to the Indian
Mascot issue. Here the Bellecourt
brothers, along with others, covered
up what they knew was happening to
American Indians at the Detox Center.
By focusing on the Indian mascot
issues, which is a soft issue and a safe
issue, they helped convince the
American people that the only real
issue facing American Indians was
the "Tomahawk Chop." Issues such
as poor housing and no jobs that cause
health problems for American Indians
took a back seat with the Bellecourt's
agenda.
The PRESS has been asked by
members of the group involved in
exposing the Detox Center abuse, to
hold back on certain information being
discovered by state investigators.
Gerry Stafford, in a phone call to the
PRESS said, "There are now
numerous rape victims coming
forward and people are now starting
to report deaths that occurred at
the Detox Center."
On December 2, 1992, Sharon no
Hart, told the PRES S if this abuse was
happening to people in a treatment
center such as Hazelden, the major
media would have been all over the
story, but because it involves people
of color and poor Whites they're
not interested. In a recent story
about the Detox Center abuse, the
Minneapolis Star tribune referred
to Irene Wade, and Lynn
Fitzpatrick, as "Whistle Blowers,"
it seems the writer(s) didn't realize
that by law, Wade and Fitzpatrick,
are required to report the abuse of
vulnerable adults and thus were just
doing their jobs.
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Copyright,
Native American Press,  13BB
Vento Criticizes Hopi Navajo Land Scam
Picture by Bruce Graves
Pictured are the The Eyaabe Singers of Red Lake who were recently declared
National Champions at the End ofthe Trail Pow Wow in Bismarck, North Dakota.
BSU to accept Leech Lake credits
Historic agreement
between schools
BEMIDJI, MINN. (AP) - Leech
Lake Reservation Chairman Alfred
"Tig" Pemberton called Monday a
"historic day for our people," when
Larry Aiken, president of Leech
Lake Tribal College, and Les Duly,
president of Bemidji State
University, signed a transfer
articulation agreement between the
two institutions.
BSU is the first state university to
agree to the transfer of credits from
the tribal college, Aiken said. The
University of Minnesota-Duluth is
waiting in the wings to sign a similar
agreement. Bemidji State University
has the largest number of Native
American students and highest
number of Native American
graduates of any institution of higher
learning in the state.
The Leech Lake Tribal College
began two years ago and has 138
students enrolled for fall quarter
1992. Classes are offered in Cass
Lake, Inger, Ball Club, Sugar Point
and Onigum.
The school is modeled after Itasca
and Brainerd community colleges
and requires the same number of
credits for an associate of arts
degree. More than 100 courses are
offered, leading to degrees in the
applied sciences, arts or
mathematics.
"Now in expressing our tribal
self-determination, we have
developed our own tribal college,"
Pemberton said. "Now we develop
our own cuirriculum with a tribal
perspective and shall retain the
normal collegiate standard expected
in all higher education institutions.
Today we can boldly take charge of
our own destiny.
"So it is with honor and
commitment that we begin this new
era. We are grateful that Bemidji
State University has agreed to be
one of the first four-year institutions
to sign a transfer agreement with us.
Please be assured that our
partnership will be beneficial to both
our institutions. We look forward to
a long and fruitful relationship.
"For years our tribal people
attended schools away from their
homes, and we financed their
endeavor. Our students and those
institutions have all benefited from
this relationship. Our new tribal
college will make educational
choices even greater for our people."
Leech Lake Tribal Council
members were all present for the
signing ceremony and presented
BSU representatives with gifts to
commemorate the event. Duly
presented the tribal council with a
plaque reading, "In the spirit of
cooperation and serving our region
BSU extends a hand in partnership.
Let our hands come together for the
future of all our children."
[Reprinted with the permission of
the Bemidji Pioneer]
-% Mel Rasmussen
* Con|res^naT?Uiucd^vcn;o, (£>),6t,
the Minnesota 4th Congressional
District, expressed concerns over the
land agreement that Manual Lujan,
Jr., Secretary of the Department of
Interior and Secretary of Agriculture,
Edward Madigan recently announced.
Vento is the Chairman ofthe House
Interior Subcomittee on National
Parks and Public Lands and has called
the proposal a "major political ploy
by the Bush Administration. Here is a
Republican administration for 12
years has had this problem before
fhe|m, then all of a sudden they are
trying to set the agenda two weeks
after the election, they are trying to
set the agenda for next year in terms
of a format for solving this issue. It
looks to me that they are giving away
the store and then blame it on
somebody else for not accepting it."
Vento felt that the actions of the
current administration are creating a
problem for down the road. He felt
that the Native American agenda was
being set up for another
disappointment by the government.
He felt that these actions were
outrageous. He went on to state that
over the last 15 years that there has
been a lot of money and time spent on
this particular issue. This issue has
been a point of contention with both
tribes since a treaty dealing with this
issue came into existence in 1882.
Also the related court cases and laws
relating to this issue are also an issue.
Vento was very aware of the
differing cultural differences that have
and continue to exist between these
two parties. He stated, "You're dealing
with a situation, where the Navajo are
a migratory people. The Hopi are
more a village people, and a small
number of Hopis were able to get a
treaty agreement granting certain
lands^Jn.terms jof beingreco^nized.
fjSZ "Treaty A"si\ice
then there have been all sorts of
modifications and changes that are
being pursued." Vento felt that these
changes and the positions ofthe elders
and the tribal governments is an issue
that must be addressed.
He went on to state that the basic
issue is in the fact that Congress has
spent between 350 to 500 million
dollars, since 1974 in providing
monies for relocation. He stated that
2300 families have been relocated
and that there are approximately 150
Navajo families that have refused to
move or be relocated. Now the Hopis
are taking the issue and the U.S.
Government as a trustee to court to have
them enforce the law and the treaty
issues from 1882. They felt that the
government did not exercise their
responsibility and thereforeare liable in
this issue.
Vento went on to say that the settlement
in this issue was estimated at 30 million
dollars. However, the agreement that
hasbeenbroughtuphasto go to Congress
for approval and also by the next
administration. Theoriginal agreement
would convey 400,000 acres ofland and
within this over 200,000 acres of new
land. Includedinthisoriginalagreement
is 215,000 acres of BLM land that is
worth some 40 million dollars to the
Navajo
Vento went on to state that the new
proposal changes everything around.
He stated, "This new proposal that
they have before us would transfer
400,000 acres of land to the Hopi.
Now it isn't even all public land."
Vento stated that this land includes
private and public lands owned by
the state and private citizens. Its
estimated value is somewhere in
excess of 100 million dollars. Even
this figure is not a true and
accurate picture of what is there.
n"ih'e p^oposaf goeS through/then
the cost of purchasing this land
from these entities will drive the
final price up.
Vento felt that the agreement is
a quagmire as he succinctly put it,
"It seems to me that the agreement,
you know, is an agreement from
hell, in terms of what it does, the
state is fighting it, the private
land owners are fighting it. I'm
asking questions about it." Vento
went on to say, "The bottom line is
that after 75 years, there is a lease
given here apparently. No one
knows what is really there, all of
this information has come from
press releases. No one has seen a
copy of the agreement, as far as
we know it is not in final form."
Vento has no problems with
conveying land back to the tribes,
he does have a problem in turning
this into a cash account issue and
by turning around what has been
settled in the past. He feels that by
allowing this agreement to come
out that there will be more
problems in the years to come.
Vento stated that at no time has
Congress been consulted about this
issue and that it is a hoax that will
create a false sense of hope for the
parties involved. Also other federal
governmental agencies were never
told of the secret proposal until the
press statement of last week.
Vento said the Interior and Justice
departments "never had the guts to
enforce the law, and they put together
an amalgam of proposals which have
objections to almost everybody every
which way you turn." Because ofthe
secrecy and turmoil Vento feels that
the chances of passage by Congress
are nil.
Advisory Council Seeks New Initiative in Indian Education
During its meeting in Albuquerque,
New Mexico on November 17, 1992,
the National Advisory Council on
Indian Education (NACIE) elected
Mr. Francis G. Whitebird as Chairman
for the Council.
The Council identified as its primary
initiative for the coming year the
promotion ofthe concept that Indian
Education is a "Federal entitlement"
paid for many times over by the Indian
Nations with billions of acres of Indian
lands ceded to the United States.
Chairman Whitebird stated, "We want
to pursue this initiative with our utmost
effort."
The national Advisory Council on
Indian Education was originally
established by Public Law 92-318 of
the Indian Education Act of 1972.
The Council consists of 15 members
who are Indian and Alaskan Natives
appointed by the President of the
United States to assist the Secretary
of Education in carrying out the
responsibilities under the Indian
Education Act and to advise Congress
and the Secretary of Education with
regard to federal education programs
which Indian children, or adults
participate or from which they can
benefit.
Mr. Whitebird, a Rosebud Sioux,
lives in Pierre, South Dakota and is
coordinator of the South Dakota
Indian Affairs Office. His educational
experience includes a Masters Degree
in Educational Administration from
Harvard University. He also served as
a delegate to the White House
Conference on Indian Education. Mr.
Whitebird, a Veteran ofthe Vietnam
War, is married and has five children.
NACIE council members also
elected the following officers to be on
the council's Executive Committee.
The newly elected officers are:
1st Vice Chairman: Honorable
William D. Edmo, Sr. (Shoshone-
Bannock), Ft. Hall, Idaho
2nd Vice Chairman: Honorable
Darius K.  St.  Paul (Colville),
Bellingham, Washington
1st member-at-Large: Honorable
Eddie L. Tullis (Poarch Creek),
Atmore, Alabama
2nd member-at-Large: Honorable
Albert A. Yazzie (Navajo), Ganada,
Arizona
The other Council members include:
Honorable     Joan     K.     Harte
(Menominee), Shawano, Wisconsin
Honorable James A. Hunt (Lumbee),
Rowland, North Carolina
Honorable Margaret F. Nelson
(Cherokee), Tahlequah, Oklahoma
Honorable Jim Shore (Seminole),
Hollywood, Florida
Honorable Sergio A. Maldonado
(Northern Arapahoe), Chandler,
Arizona
Honorable Ramona Tecumseh (NE
Winnebago/Mesquakie),   Mesa.
Arizona
Honorable Josephus D. Jacobs
(Lumbee), Charlotte, North Carolina
Honorable Theresa Farley Neese
(Cherokee), Edmund, Oklahoma