Weaving my pre-adoption history up to my Navajo Nation Adoption done without supplying my adoptive parents or me DOCUMENTATION

by Leland P. Morrill Adopted Native American Citizenship Affected by The REAL ID Act of 2005 on Sunday, April 3, 2011 at 5:19pm

I'm attempting to align all the information I know that leads up to my adoption and also include Navajo Tribal Council information and also how The Adoption Resource Exchange of North America (ARENA), successor to the Indian Adoption Project affected my adoption.

1. ARENA was formed to place foster children with adoptive families regardless of race.
2. Navajo Tribal Council, Tribal Policy on Adoption of Navajo Orphans and Abandoned or Neglected Children, 1960 (Adopted November 18, 1960):

(3) Heretofore the Navajo Tribal Council has not established a definite policy either in favor or in opposition to the adoption of Navajo children by non-members of the Tribe.

NOW THEREFORE BE IT RESOLVED THAT:

(1) The Navajo Tribal Council favors the formal adoption of Navajo children in accordance with the provisions of Resolution No.CN-63-60 in all cases where the parents of such children are dead or where said children are being regularly and continuously neglected by their parents, or where the parents have abandoned said children. The Navajo Tribal Council looks with disfavor upon informal arrangements for the custody of such children except for temporary periods pending their formal adoption.

My history as I have now weaved it together.

Before I start, I want to be very clear there will be parts that may be graphic, you may form an opinion, etc. I am only going to state fact on what I have been told and can verify through statements.

I'll start with my biological grandparents:

Alice F. Yazzie (Navajo with a documented census number )and Harry William Kirk (Navajo with a documented census number)bore a daughter Linda Carolyn Kirk on December 17, 1943 or 1944. Not quite sure of the year. Linda Kirk (Navajo with a census number) while growing up attended several Indian Boarding Schools from the late 1950's-1964. These boarding schools included Phoenix Boarding School, a boarding School in Fort Defiance Arizona, and from 1960-1964 The Riverside Indian School in Andarko Oklahoma. While in Oklahoma, Linda Carolyn Kirk applied for a Social Security Card. After her boarding school experience Linda ended up working in Albuquerque. According to my Uncle Bob she worked at the Federal Building.

I was born (we think October 10, 1966). The date or place of my birth is documented only on hospital records later from June 16, 1969-May 28,1970 through the Department of Health and Human Services Public Health Service Indian Health Services that I obtained in 1989.

My biological father's name? I've heard a few different names so for the purpose of this note/blog entry, those likely biological father names wont be discussed as they are hearsay until documented. 

At some point Harry Kirk left Alice F. Yazzie and moved to California. Alice then lived with John Kirk, Harry's brother and fathered other children with John. in 1964 Alice died and John Kirk married Ruth Shirley Kirk. Both assumed "step-parent" duties to Linda Carolyn Kirk.

In September 1968 Linda Carolyn Kirk was in an auto accident. She was taken to the Bernalillo County Medical Center in Albuquerque New Mexico (now the UNM Medical Center). The staff at the Medical Center called John and Ruth Shirley Kirk telling them of the auto accident. John and Ruth Kirk did not have transportation nor the means to get to Albuquerque. Linda died and was transported to Ganado Arizona and buried there; in what is now an unmarked grave due to vandalism. 

At the time I had a brother named Christopher Kirk. I'm not sure of his age, date of birth. At this point I know I was taken to St Anthony's Orphanage in Albuquerque New Mexico (shuttered in 1971). From there I ended up back in Arizona, according to my adopted mother's recollection with  biological family, "step-grandparents" as in her statement:

I think for a short time you lived with John(Kirk) and his wife (Ruth Shirley Kirk).  I'm not sure why you were then placed with someone else.  Welfare told us you'd been living with your grandparents in the sheep camp.  We later learned it was your mother's grandparents.  It kind of seems like their name was Pacheco, but our friend said Andy(?) said your name was Kirk.

it was there that you were in a fire.  Your (great) grandfather was blind. Your (great) grandmother went out with the sheep.  They lived in a hogan with an open fire pit.  You walked into the fire and was burned.  That was our understanding of why you were in the hospital for 2 months before being placed with us.

In hospital documents dated June 16, 1969 I was admitted to the PHS Indian Hospital Keams Canyon. and referred later to the Gallup Indian Hospital. John Kirk and Ruth Shirley Kirk were listed as my parents and a birth date of 10-10-66 was handwritten in. I was admitted for (as I can decipher the handwriting):

1. (L) "mid humeral sp fx caat haning arm cart"
2. (R)"elbow dislocation and nibluxation....long arm cast"
3. "nondisplace x scapula" 

I was then admited into the Gallup Indian Hospital on July 19, 1969 at 8:30pm by John Kirk and Ruth Shirley (AKA Ruth Kirk). They were initially listed as parents but then were identified as Grandfather and Grandmother. Ms. Linda C. Kirk (Deceased) is written in as mother's maiden name. I was admitted for:

1. Burn First and Second degree right foot
2. Multiple bruises of body
3. Ankylosis right elbow
4. E Coli Cystitis

At some point (undated) the hospital made several observations and wrote a problem list:

1. Well Baby Care
2. Unheald fx of (R) elbow
3. Malnutrition
4. Child Neglect
5. Possible UTI (Urinary Tract Infection)

In documents dated September 19, 1969 a diagonosis was made:

1. Child neglect
2. Ankylosis of the right elbow
3. First and second degree burns of the right foot
4. Possible E. coli Dystitis
5. Malnutrition

At this point it says I had been living with my grandparents (step grandparents who assumed the role as per tradition) since the death of my mother, Linda Carolyn Kirk. I had never had immunizations, hadn't been toilet trained (3 years old) and only spoke a few words. A physical examination was performed.

Pulse was 140. Respirations 30. Temperature 102. The skin showed second and third degree burns on the right foot. First degree burns on the back. Ecchymotic areas on the right ear. The hair was thinning. Conjunctival hemorrage of the right eye. no pox. Lymphatics-the right inguinal node was promininent; otherwise no adenopathy...

...The patient was put under observation in bed and fed. His possible urinary tract infectino was treated with Furadantin for two weeks....

...Bone films, skull films were negative. The long bones were negative except for  a suproacondylar fracture of the right arm. 

Hospital Disposition dated September 22, 1969:

1. The patient is to be sent to a foster home in Chinle (assuming Stanley and Gwena Morrill)
2. The patient is to return to Gallup in one month for re-evaluation and further immunizations.
3. The patient should received further urine culture on re-visit.

Also, a copy of this clinical record was sent on September 22, 1969 to the Chinle Health Clinic and to Mrs. McCray of the Social Serivce in Chinle, Arizona. (signed by S. Cohen. MD)

So then I became a foster child to Stan and Gwena Morrill. I also had another foster sister Virginia Bitsui (Mary Bitsui's daughter). From September 1969 until July 15,1971 Virginia and I were foster children. July 15, 1971 we were adopted into the Morrill family. We moved to Burford Ontario Canada the next day, July 16, 1971.

Leland...me as a child.

As for my brother Christopher Kirk, my adopted mothers statement:

We were told you had a younger brother named Christopher that lived with John Kirk and his wife.  I don't recall her name.  Their son (I can't think of his name, but he was maybe 5 to 8 years older than you) told me about Christopher.  I was taking him home from seminary in the seminary van.  I had you and Virginia (Bitsui) with me.  You would have been 3 or 4.  I was thinking he was 10, but can't remember for sure.  He asked me if you were Leland Kirk.  I said yes.  He then told me your little brother Christopher had lived with them.  He said something like this. "One night when he went to bed, he was fine.  The next morning he was dead so we moved."

My biological Uncle Bob, Linda's brother, told me they tried to find Christopher and I. A BIA Agency representative told them I had died and Christopher was alive. They looked for Christopher and I was adopted.

There are guidelines the Navajo Nation had to abide by on July 15, 1971 while Virginia Bitsui (my foster/adopted sister) and I, Leland Pacheco Kirk were adopted in The Trial Court of the Navajo Tribe Judicial District of Chinle Arizona:

Navajo Tribal Council, Tribal Policy on Adoption of Navajo Orphans and Abandoned or Neglected Children, 1960

(1) By Resolution No. CN-63-60 the Navajo Tribe has established a procedure for adoption of members of the Tribe who are brought in person before a court of the Navajo Tribe, and said resolution is applicable to adoptions either by Navajos or non-Navajos, provided the child is a member of the Navajo Tribe and is brought in person before the Tribal Court.

The above states a procedure for adoption of members of the Tribe. According to Leonard Benally and Alisia Milford of the Window Rock Navajo Nation Vital Statistics, I am not a member of the NAVAJO TRIBE. (there is an update at the end of this entry, but please continue to read)

HOW CAN THIS BE???

By Resolution no. CN-63-60 this resolution is applicable to adoptions either by Navajos or non-Navajos, provided the child is a member of the navajo Tribe and is brought in person before the Tribal Court.

MY SISTER Virginia Bitsui, myself Leland Pacheco Kirk, and my adopted parents were present "in person" before the tribal court.

• I was adopted without being a "Member of the Navajo Tribe" through the Trial Court of the Navajo Tribe
• I was adopted without a Navajo Nation (Indian) Census Number
• I was adopted without a Certificate of Navajo Indian Blood
• I was adopted without a Birth Certificate, either through a State or the Navajo Nation

UNDOCUMENTED ADOPTION

How is it on July 15, 1971 Joe G Bennalley, Judge, Trial Court of the Navajo Tribe adopted me out without these necessary documents? 

This has been a question I would like answered.

Further reading of the Navajo Tribal Council, Tribal Policy on Adoption of Navajo Orphans and Abandoned or Neglected Children, 1960:

(3) Heretofore the Navajo Tribal Council has not established a definite policy either in favor or in opposition to the adoption of Navajo children by non-members of the Tribe.

NOW THEREFORE BE IT RESOLVED THAT:

(1) The Navajo Tribal Council favors the formal adoption of Navajo children in accordance with the provisions of Resolution No.CN-63-60 in all cases where the parents of such children are dead or where said children are being regularly and continuously neglected by their parents, or where the parents have abandoned said children. The Navajo Tribal Council looks with disfavor upon informal arrangements for the custody of such children except for temporary periods pending their formal adoption.

(2) In the cases referred to in the preceding section of this resolution, the Navajo Tribe neither favors nor disfavors adoption of Navajo children by persons who are not members of the Navajo Tribe, but states its policy that each case shall be considered individually on its own merits by the Trial Court of the Navajo Tribe.

Keep in mind my biological family had now been told Christopher Kirk my brother was alive and I was dead.

My adopted mother, after the adoption, applied for a birth certificate for both Virginia (Bitsui) Morrill and me, Leland Pacheco (Kirk) Morrill. Virginia's was granted, mine was not. To this day, my adopted mother's application for my birth certificate still sits in a file as evidenced by Alisia Milford and Leonard Benally of the Window Rock Navajo Nation Vital Statistics. 

I went to Ganado Arizona in 1985 for a visit to John Kirk and Ruth Shirley Kirk, met Calvin Kirk and we ate mutton, blood pudding, and talked. I barely remember what was said. I was given a photo of my biological mother and biological father but have since lost that. Apparently it was the only one in existence. It's gone.  

I restarted my search to obtain a birth certificate and as documented on September 7, 1989 extracted my clinical records from Gallup Indian Medical Center in New Mexico. I had to sign as a "Signature of Patient". The purpose or need for this disclosure written in the release is:

birth record. Has not lived with his parents. Would like info about him-self from med. rec. released (For own use).

Since 1989 I have been searching.

In December 2009 I was riding a city bus and got off at my usual stop. I arrived home only to find my wallet had been lifted (pick-pocketed, stolen). My State issued Drivers License was in it. I immediately retraced my steps, walked into the "Lost and Found" visited the bus lost and found for a month, never to be recovered. So, in January 2010, I visited the DMV. Filled out the application to replace my drivers license only and went up to use my Navajo Nation Final Judgement of Adoption and Social Security Card as proof to get the replacement and was denied. New procedures had taken place on January 01, 2010 under the Real ID Act of 2005. I now was required to produce a State Issued Birth Certificate. I had none, as the Trial Court of the Navajo Tribe Judicial District of Chinle Arizona had adopted me without any other documentation ...my only documentation: Final Judgment of Adoption....

IT WAS THEN I REALIZED I AM AN ILLEGAL ALIEN*


(*UPDATE: Monday April 11, 2011, Alisia Milford called to tell me I am now enrolled and my paperwork should be received by USPS in a few days. This, 40 years after my adoption and through 22 years of my own research, and 26 years after intial contact with the Kirk Family in Ganado).

**PLEASE** read my previous NOTES. "LIKE" my page. If you'd like to comment. Please do. Thank you WWWpeeps for reading. :)   Leland