The Supreme Court has decided to leave the Indian Child Welfare Act (ICWA) in place. Enacted in 1978, the ICWA was used to address concerns of Native American children being torn from their families and placed in non-Native households.
Supreme Court’s Decision
Tribal leaders across the United States have backed the law as a way to protect their families, cultures, and traditions. Supreme Court Justice Amy Coney Barrett said the case was complex. Furthermore, she added, “bottom line is that we [seven-justice majority] reject all of [the] petitioners’ challenges to the statute.”
Additionally, Justice Samuel Alito and Clarence Thomas dissented from the vote. Alito explained in writing that the decision ‘disserves the rights and interests of these children.”
In 1978, Congress enacted the ICWA in response to a crisis that affected Native American and Alaska Native tribes, families, and children. Private adoption agencies and state child welfare removed Native youth from their parents, extended families, and Tribes, according to studies. Moreover, it was a large number of Native youth being torn from their family and Tribes.
ICWA Facts
Previously, 25% to 35% of Native American children were being taken from their homes. Moreover, data showed 85% of the children were being placed in homes outside their culture, family, and Tribe.
Testimony documented by Congress recorded the devastating impact the separation has on Native American families, children, and their Tribes. Under ICWA, Congress’ intent was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.”
The Indian Child Welfare Act sets federal requirements that apply to state custody proceedings involving Native American youth who are a member of a Tribe. Also protected, are those eligible for Tribe membership. In addition, the Act added extra protections for Native American youth:
- Provide active efforts to the family.
- Identify placement for the children that fit under ICWA preference provisions.
- Notify the Tribe of the youth and their parents of the child’s custody proceeding.
- Actively work to involve the Tribe and parents in the proceedings.
Tribal Leaders Call It a Victory
After the Supreme Court’s decision to continue to uphold the Act, leaders of the Tribes involved called it a major victory for Native American families, children, and their Tribes.
In a joint statement tribal leaders, Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Charles Martin, Oneida Nation Chairman Tehassi Hill, and Quinault Indian Nation President Guy Capoeman, stated:
We hope this decision will lay to rest the political attacks aimed at diminishing tribal sovereignty and creating instability throughout Indian law that have persisted for too long.
By Sheena Robertson
Sources:
AP News: Supreme Court preserves law that aims to keep Native American children with tribal families
National Indian Child Welfare Act: About ICWA
Top and Featured Image Courtesy of Randy von Liski‘s Flickr Page – Creative Commons License
Inset Image Courtesy of Howard County Library System’s Flickr Page – Creative Commons License
