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Indian Child Welfare Act

All articles tagged with #indian child welfare act

law2 years ago

Supreme Court Upholds Native American Adoption Protections and Tribal Sovereignty.

The US Supreme Court has upheld the Indian Child Welfare Act of 1978, which gives preference to Native American families in foster care and adoption cases involving Native children. However, the decision does not address whether the law violates the equal protection clause of the Constitution, leaving the door open to future challenges. Supporters say the law is critical to ensuring Native children are bound to their traditions and customs while reversing decades of forced removal from their homes. The challenge against the act was led by a white evangelical Christian couple from Texas who sought to adopt a Native child.

via NBC News|
#adoption#indian-child-welfare-act#law
law2 years ago

Supreme Court Upholds Indian Child Welfare and Adoption Law

The US Supreme Court upheld key provisions of the Indian Child Welfare Act, a law enacted 45 years ago to remedy past government abuse, by a 7-2 vote. The law established three preferences for the placement of Native children when they are adopted or put in foster care. The court's decision left one important question unresolved--whether the statute's system of preferences for Native adoptive parents amounts to an unconstitutional racial preference. Dissenting from Thursday's ruling were Justices Clarence Thomas and Samuel Alito.

via NPR|
#adoption#indian-child-welfare-act#law
law2 years ago

Supreme Court upholds Indian Child Welfare Act, protecting Native American families.

Indigenous Minnesotans and advocates are celebrating a U.S. Supreme Court ruling that upheld the Indian Child Welfare Act, a law that gives Indigenous tribes a say in the adoption and foster care of Indigenous children. The ruling is seen as a victory for Indigenous rights and will help prevent the separation of Indigenous families.

via Star Tribune|
#adoption#foster-care#indian-child-welfare-act
law2 years ago

Supreme Court Ruling Brings Joy to Indigenous Leaders on Adoptions.

The US Supreme Court upheld the Indian Child Welfare Act, a 1978 law aimed at keeping Native American adoptees within tribes, in a case involving a white foster couple from Texas and five tribes. The law gives preference to Native families, and the ruling is seen as a victory for tribal sovereignty and could have far-reaching implications for how tribal nations are allowed to govern themselves. Native American leaders and advocates for Native children expressed elation at the decision, which could resonate in a range of issues involving tribal sovereignty.

via The New York Times|
#adoption#indian-child-welfare-act#law
law2 years ago

Supreme Court Affirms Native American Adoption and Child Welfare Laws

The U.S. Supreme Court has upheld the Indian Child Welfare Act, a law that protects Native American children from being removed from their families and tribes. The court overturned a Texas federal court's decision that the act was unconstitutional and rejected claims that it placed undue burdens on states and was race-based. The law has been hailed as the "gold standard" in child welfare practice for its role in supporting children's rights to be connected to their families and tribal communities. The decision is a major victory for Native tribes, children, and the future of their culture and heritage.

via The Arizona Republic|
#child-welfare#indian-child-welfare-act#law
law2 years ago

Supreme Court rules in favor of Native American tribes in adoption dispute.

The US Supreme Court has rejected a challenge to the Indian Child Welfare Act, which was enacted in 1978 to keep Native American children within tribes. The law gives preference to Native Americans seeking to foster or adopt Native American children. The court ruled that the challengers did not have legal standing to contest whether the preference provisions violated the equal protection clause of the 14th Amendment by discriminating on the basis of race. The ruling will come as a major relief to tribes, who were concerned that the court would weaken or entirely strike down a law that plays an important role in maintaining tribal identity.

via NBC News|
#adoption#indian-child-welfare-act#law
law2 years ago

Supreme Court upholds law on tribal adoptions.

The US Supreme Court has upheld the Indian Child Welfare Act, which prioritizes the placement of Native American children with Native families or tribes in child custody proceedings. The law was passed in 1978 to protect tribal sovereignty after Congress documented the high number of children with Native American ancestry being placed with non-Native families or institutions in state child welfare and private adoption proceedings. The 7-2 decision backs the law passed in the wake of decades of hostility on the part of the federal government when it comes to child custody issues and traditional values of Indian tribes.

via CNN|
#adoption#indian-child-welfare-act#law
law2 years ago

Supreme Court Upholds Native American Adoption Protections

The Supreme Court upheld the Indian Child Welfare Act of 1978, which aims to keep Native American adoptees within their tribes and traditions. The law prioritizes adoption by extended family members, then members of the tribe, and finally "other Indian families." The case pitted a white foster couple from Texas against five tribes and the Interior Department. The couple argued that the law violated equal protection principles and discriminated against Native children and non-Native families who wanted to adopt them. The tribes argued that doing away with the law could imperil nearly every aspect of Indian law and policy, including measures that govern access to land, water, and gambling.

via The New York Times|
#adoption#indian-child-welfare-act#law
politics2 years ago

"North Dakota Governor Signs Controversial Education Bills into Law"

North Dakota's Republican Gov. Doug Burgum has signed a bill into law to protect tribal cultures by codifying the federal Indian Child Welfare Act into state law, giving preference to Native American families in foster care and adoption proceedings of Native children. Several other states have considered codifying the act this year, as the U.S. Supreme Court considers a challenge to the federal law. A handful of white families have claimed the law is based on race and is unconstitutional under the equal protection clause.

via ABC News|
#adoption#indian-child-welfare-act#north-dakota