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SCOTUS rejects challenge to Native American child welfare law [1]

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Date: 2023-06-15 17:29:00+00:00

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The Indian Child Welfare Act as an act that Congress passed in 1978. It the goal of the act is to help preserve and protect native Children and native families. We feel primary uh, considerations that all Children, regardless of race, should be placed in loving forever homes. So what's at stake here is our ability to protect our Children from institutions that don't want to protect them, really, that just see them as *** commodity because there's something that can make the adoption and industry quite *** lot of money. You know, we're seeking modification to equal or *** revamping of equal where the best interests of the Children can be considered. There's *** lot at stake here. There's *** lot that could be lost and there's *** lot that could be lost for tribes, but also all across indian country because the real reason that Gibson Dunn has filed this lawsuit, I mean, they have *** lot of experience with oil and gas and they filed this lawsuit right after the movement at Standing Rock. It's sort of Ironic or strange that all of *** sudden 44 years after this law has been in existence. Now plaintiffs are deciding to challenge it. They have other motivations have nothing to do with the safety and well being of our Children. It's important for people to understand that this is not just *** law. This is about these little people, these Children and their their value and it's about them, it's about real people

Advertisement Supreme Court rejects challenge to Native American child welfare law Tribal leaders have backed the law as a means of preserving their families, traditions and cultures Share Copy Link Copy

The Supreme Court on Thursday preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from some Republican-led states and white families who argued it is based on race. The court left in place the 1978 Indian Child Welfare Act, which was enacted to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes.Tribal leaders have backed the law as a means of preserving their families, traditions and cultures. The “issues are complicated” Justice Amy Coney Barrett wrote for a seven-justice majority, but the “bottom line is that we reject all of petitioners’ challenges to the statute.”Justices Clarence Thomas and Samuel Alito dissented, with Alito writing that the decision “disserves the rights and interests of these children.”Congress passed the law in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private agencies.The law requires states to notify tribes and seek placement with the child’s extended family, members of the child’s tribe or other Native American families.Three white families, the state of Texas and a small number of other states claim the law is based on race and is unconstitutional under the equal protection clause. They also contend it puts the interests of tribes ahead of children and improperly allows the federal government too much power over adoptions and foster placements, areas that typically are under state control. The lead plaintiffs in the Supreme Court case — Chad and Jennifer Brackeen of Fort Worth, Texas — adopted a Native American child after a prolonged legal fight with the Navajo Nation, one of the two largest Native American tribes, based in the Southwest. The Brackeens are trying to adopt the boy’s half-sister, now 4, who has lived with them since infancy. The Navajo Nation has opposed that adoption.More than three-quarters of the 574 federally recognized tribes in the country and nearly two dozen state attorneys general across the political spectrum had called on the high court to uphold the law.All the children who have been involved in the current case at one point are enrolled or could be enrolled as Navajo, Cherokee, White Earth Band of Ojibwe and Ysleta del Sur Pueblo. Some of the adoptions have been finalized while some are still being challenged.The high court had twice taken up cases on the Indian Child Welfare Act before, in 1989 and in 2013, that have stirred intense emotion.Before the Indian Child Welfare Act was enacted, between 25% and 35% of Native American children were being taken from their homes and placed with adoptive families, in foster care or in institutions. Most were placed with white families or in boarding schools in attempts to assimilate them.Cherokee Nation Principal Chief Chuck Hoskin Jr. released a statement following the Supreme Court's ruling.“Today, the Supreme Court once again ruled that ICWA, heralded as the gold standard in child welfare for over 40 years, is constitutional," Hoskin said. "Today’s decision is a major victory for Native tribes, children, and the future of our culture and heritage. It is also a broad affirmation of the rule of law, and of the basic constitutional principles surrounding relationships between Congress and tribal nations. 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. The Court once again demonstrated that it understands the legitimacy of ICWA and what it means for tribes, families, and children. By ruling on the side of children’s health and safety, the U.S. Constitution, and centuries of precedent, the justices have landed on the right side of history. With these latest political attacks on ICWA now behind us, we hope we can move forward on focusing on what is best for our children."Choctaw Nation of Oklahoma Chief Gary Batton sent the following statement:"Congress passed the Indian Child Welfare Act (ICWA) to right the extreme historical injustices committed against Native children and their families. The law remains a critical part of protecting Native American heritage and tribal sovereignty. We are glad to see the Supreme Court recognized the important benefits of ICWA and allowed the law to stand. The Choctaw Nation will continue to support children and families through its foster care system, Indian Child Welfare team, tribal attorneys and over 100 tribal services,"Top Headlines 'I'll blow through Tulsa again': Tom Hanks writes letter to Oklahoma bookstore comparing city to Paris Oklahoma football team learns which SEC opponents Sooners will face in 2024 Medical examiner releases new details in death of Moore High School senior Oklahoma department to investigate apparent attack on local farm

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[1] Url: https://www.koco.com/article/supreme-court-rejects-challenge-to-native-american-child-welfare-law/44210500

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