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tv   Nightline  ABC  November 29, 2022 12:37am-1:06am PST

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♪ this is "nightline." >> tonight, volcanic eruption. the world's largest active volcano roars back to life in hawaii. plus, adoption clash. native american rights on the line. >> we're going to have a setback that will take generations to repair, if we can repair it at all. >> the decades old adoption law before the supreme court. >> we do believe culture is important, but it's not the most important things. >> the white family at the center of the controversy. and passion flicks. >> you are playing with fire. >> elon musk's sister helms a romance streaming service. >> you might cry, laugh, be scared, but at the end you know you're going to have this happy
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ending. >> what may musk says they don't get about her family. >> they're normal siblings when we're all together. plus -- ♪ fame ♪ >> irene cara, the life and legacy of the "fame" singer. >> "nightline" will be right back. ♪ remember, remember, remember, remember ♪ ze small spaces. the most convenient solution to lingering odors in any small space. no batteries and no outlets needed. with one firm push, small spaces gives you 45 days of continuous freshness. easily tackle odors anywhere. febreze small spaces. when you really need to sleep. you reach for the really good stuff. easily tackle odors anywhere. zzzquil ultra helps you sleep better and longer when you need it most. its non-habit forming and powered by the makers of nyquil.
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thanks foi nearly 40 years, but tonight, the world's largest active volcano is spewing ash and lava in hawaii. now to the urgent message to residents. here is abc's chief national correspondent matt gutman. >> reporter: tonight, new helicopter video capturing mauna loa's fiery awakening, erupting for the first time in 38 years. the world's largest active volcano roaring back to life after its longest dormant period on record. >> you can clearly see that's lava coming down mauna loa. it is nuts. >> reporter: thermal cameras showing the moment it erupted, spewing volcanic ash into the sky and sending lava gushing out from the center. time lapse also capturing the blast of ash, debris and molten rock. lava streams are flowing down part of the volcano, but authorities say they're not threatening communities directly. but there is concern over falling ash. people with respiratory
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illnesses warned to stay indoors, and anyone going outside told to wear a mask. shelters being opened as a precaution. >> you know, we're way overdue. we were way overdue for a mauna loa eruption. so we had prepared. >> reporter: southwest airlines now canceling several flights to and from the big island. >> our thanks to matt. turning now to the story of one family caught in the middle of a supreme court case, challenging a federal law created to protect native american families. it's aimed at correcting a troubling history of mistreatment and separation. why the white couple says the law discriminates against them and others. here is abc's devin dwyer. ♪ >> we actually planned to have the two kids that we have, and we thought we were done. and then we just had a calling in our heart to open our home to other children.
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>> reporter: when jennifer and chad brackeen of fort worth, texas became foster parents in 2015, they knew their home with would be a short-term refuge for children in need. what's life like at the brackeen home? >> we're a very active family. we love the outdoors. when you're in a big family, that's the beauty of it. you're never bored. >> reporter: in 2016, they got a call to take in a 10-month-old boy who happened to be native american. >> they did tell us it was going to be a temporary placement because they would be looking for a native family. >> okay. >> to transition. >> fast forward a year later, he is doing great in our home. he fits right in with our family. we're just a big loving family. >> bring me to the point when you decided let's adopt him. >> i think the bonding, you know, when you see a child that's thriving in your home, that's when the fear sets in of oh, there is potential for something tragic to happen again to this child. >> i just remember thinking this little boy thinks i'm his mom. and i want to be his mom. and for him to just get taken
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away and moved to someone he's never met before who he's not related to, it didn't seem like the right thing to do as his mom. >> despite approval from the boy's birth mother, the brackeens faced a year-long legal battle to win custody. he has tried the navajo nation challenged in court under the indian welfare act or ikwa. they have set rules for who can adopt native american kids, giving preference to the child's immediate family, to a member of the tribe, then an unrelated tribe before parents who are nonnative. >> the interest in a young tribal citizen, the child in staying with her tribe is a high interest. and it should not be diminished. and it was diminished by the united states for generations. >> congress enacted iqwa as an
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answer to the forced removal of hundreds of children from their families, placed in boarding schools or christian church homes through the 1960s. it was a bid to assimilate them into white culture. in died at these schools, either from diseases or abuse. >> if you start to remove the next generation of any society, you really start to erode that society. and that is what happened. >> reporter: after the tribe backed down, the brackeens officially adopted their son in 2018. the 7-year-old loves legos and baseball. and he is very close with his 4-year-old biological sister, the brackeens' foster daughter, who loves to swim and ride her bike. state officials had wanted to place her with a native family nearly one thousand miles away because of iqwa. >> in the state system certainly, we would have become the first call. >> if she had not been native
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american, the first call would have been you. >> 100%. >> the couple is now in a legal battle with the 1/2 show nation to adopt her too. >> i would like to say that we feel that progress in this law not only would affect us, we feel like parts of this law hurts native children. it keeps them in foster care longer than they should. >> can i wish you on that just a little bit? >> sure. where do you -- where do you draw that from? because the tribes hold briefings, and they insist that the data show that the more native children are kept in the native placement system, the better they are and the quicker they're moved out to permanent homes. >> because of the imbalance in the population makeup, the prace was not a native home available. that's why these children were in our home. and they were going to stay in our home until the tribes were able to identify a native home. >> at the u.s. supreme court this month, the brackeens argued icwa should be struck down as unconstitutional, discriminating, they say on the
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basis of race by giving priority to native families over white families. neither the navajo nation nor the children's relatives responded to abc news's repeated requests for an interview. but in court documents the tribe argues that icwa's placement preferences are not based on race but tribal qualifications for tribal citizenship, saying the law promotes the stability and security of indian strikes and families. autumn adams, a member of the yakima nation is among dozens of foster youth asking the supreme court to uphold the law. adams says icwa was critical to keeping her family together after her father died by suicide when she was just 9 years old. >> my mother at that time was addicted to alcohol and some hard drugs. immediately after that, actually, she spiraled in a really dark hole, and that's when she lost all interest in us kids, and we were taken by washington state department of child welfare. >> did icwa have an impact on
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your situation when you look back at it? >> it did. the only reason why they insured our placement with a family member was because of icwa. >> after turning 19, autumn won custody of her two younger sib lipgs. >> we are learning our language. they call me nene. that means older sister. i call them little brother and little sister. i teach them about our foods, when we gather them, how to clean them. i also take our teachings from our stories. our teachings about perseverance, hard work, grit and determination. >> critics of icwa say the law prevents states from helping kids. they say it keeps them, in some cases, abusive situations because the standard for removing a child from a native family is much higher. >> that -- that would have never crossed my mind, because icwa in and of itself is designed to protect children. it was designed to right the
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wrongs of the u.s.'s historical maltreatment of children, indian children like myself and my siblings. >> you've described yourself as a success story, as proof that icwa is working. >> i 100% feel that way. the only reason why i am the first of my family to have a bachelor's degree and the first in my family to now be in law school is because icwa was applied in my case, and i was given the means to build a strong foundation of our cultural teachings and values. >> the brackeens insist equal opportunity to adopt doesn't have to come at the expense of culture. >> attachment is one of the most important things. and we're not saying that culture is not important. we do believe culture is important. but it's not the most important thing. >> but to the nation's 574 tribes, the stakes are greater than one family. if the supreme court strikes
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down i can qua on discrimination on the grounds of race, they say it could upend decades of indian law, treating strikes as independent nations. >> if our sovereignty is eroded because of this case, we're going have a setback that will take generations to repair, if we can repair it at all. but we're native people. we are persistent. we are patient and we are strong. and i think we'll win this case. but if we were to lose, we would have a great deal of work to do to repair a great deal of damage. >> our thanks to devin. coming up, passion flicks. elon musk's sister is dishing up romance. >> you are playing with god. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low
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tosca musk's passion project. how elon musk's sister says her mother influenced her venture, turning it into series of music and short films, during it into passion. >> you are playing with the hottest kind of fire there is. >> a gentle touch, that fiery kiss, and the look of yearning desire, now all at the tip of your fingers with "passionflix." >> you are the only one who will ever be be my lover in the hottest sense. >> a hot streaming service. >> i get inspiration from all these romance novels. i love them so much.
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i feel like every single person can grow from reading a romance novel. >> the force behind this tosca musk, yes, elon's sister. >> the great things about romance novels is you know you're going to go through this emotional roller coaster. you might cry, laugh, be scared but at the end you know you're going have a happy ending. >> rapidly gaining popularity, this year romance book sells topped 19 million, up 40% from last year. >> it literal i will only takes one person to get it right. >> it's what women want to read and watch. >> sex i think is a lot of times something seen from a male point of view. and what we want to do is we want to create movies very much so focused on the woman's point of view. we tend to be more emotionally connected. >> reporter: the company founded by musk and two other partners in 2017 is a subscription-based service for $5.99 a month. do you feel like you're competing with netflix, hulu, other streaming services? >> i don't see us as competitors.
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we are a unique platform that focuses very specifically on romance adaptations. >> reporter: the 48-year-old founder says she got her first real taste of the genre as a teenager. >> i used to watch danielle steel movie adapt takes or judith kranz. >> talk about your mother, has she been supportive? >> my mother is the most incredible woman in the world. very supportive in every way and a constant inspiration. >> reporter: her mother, the legendary model may musk, an icon in her own right. the 74-year-old has graced the covers of "vogue" and "sports illustrated" just to name a few. >> sometimes as a woman, you feel like there is no hope for you in life. there is no romance, there is nothing good going on. and then when you get into a romance novel, you just get absorbed in the story. >> she says it was the pages of those novels that gave her an escape from what she says was an abusive marriage. >> i was reading them mostly
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when i was married. and i wasn't allowed to have friends or see family. i just read them to think that there is some hope in this world. >> eventually, may left her husband, starting over as a single mother. what do you think is the biggest misconception about your family? >> that we were born into extreme wealth and we don't actually work for everything that we do, whereas that is the exact opposite. >> the days of the family sharing a small apartment are behind them. elon musk is now the richest person in the world. the tesla and spacex ceo recently buying twitter, a move that has been mired in controversy. >> they're normal siblings when we're all together. kim and tosca do not want to take on the responsibilities elon does. we're so proud of him. >> i have such an amazing family, and everyone is so supportive. we spend as much time as we possibly can together. together as much as possible. of her own, chose to become a -
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mother to twins at 38. >> so often, we settle for somebody because we are pressured to have children by a certain age. and so what i decided to do is to have children with invitro and an anonymous sperm donor. my children are the lovely my life. best decision i ever made is my children. >> we met tosca on the set of the romantic thriller "the secret life of amy benson." >> we're turning this into the metropolitan museum of art. so it will be a very different look in about four or five hours. >> strong female leads like the character amy benson are a hallmark of any passionflix project. and no one takes it as seriously as proud passionistas. you're talking about the fans. you call them passionistas, right? >> we do. the passion northeast stas. >> passionflix has to be the eighth wonder of the world. >> emma carter's tiktok account an ode to all things romance. >> these books really showcase different types of people
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falling in love, having experiences. there are so many that you like personal growth and overcoming different types of trauma. it's really nice to pick up something and learn something about yourself along the way. >> she is one of the many proudly sharing her love of romance on social media. >> for the first i think three years of passionflix, my mother was running our instagrams. >> i said you've got get on to instagram. then we're going to start posting the photos. and i think i got up to was it 6,000. in those days, that was a lot. >> may musk now has more than 620,000 followers on graham. and over 800,000 on twitter, where she is a passionate defender of her son, elon. >> it's gone up a lot just in the last few days because i'm spending more time on it. and i'm trying to add some humor as well. >> tosca series also having fun doing what she loves, betting that romance will stay hot for years to come. >> i'd like us to be a household
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name. i want everybody to know about pas passionflix. i want people to died on a weekend when they want to watch something positive and fun and sexy and cool that they're going to come and tush turn on passionflix. >> our things to ellen. up next, irene car remarks remembering the "fame" singer. ♪ i'm going to live forever ♪ ol. put it in check with rinvoq, a once-daily pill. when uc got unpredictable,... i got rapid symptom relief with rinvoq. check. when uc held me back... i got lasting, steroid-free remission with rinvoq. check. and when uc got the upper hand... rinvoq helped visibly repair the colon lining. check. rapid symptom relief. lasting, steroid-free remission. and a chance to visibly repair the colon lining. check. check. and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke,
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and finally tonight, irene cara fans definitely remembering the name and enormous talent of the oscar winner. ♪ what a feeling ♪ >> her songs were the soundtrack of a generation with hits like "fame" and "what a feeling" from the movie "flashdance." that song earning her an oscar and two emmys. born in the bronx, cara got her start as a young child on television shows like ted max, the original amateur hour. she went on to star in the movie "sparkle." but it was the movie "fame" that
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made her what household name. ♪ irene cara was 63. an unforgettable talent. that's "nightline." you can watch all of our full episodes op hulu. we'll see you right back here the same time tomorrow. thanks for staying up with us. good night, america.

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