fbpx
 

WASHINGTON — The state of Texas, four tribes and several parents have filed petitions asking the Supreme Court to review the constitutionality of the Indian Child Welfare Act (ICWA).

The petitions stem from U.S. 5th Court of Appeals decision last April in the Brackeen v. Halaand, formerly Brackeen v. Bernhardt, that was originally alleged the ICWA is unconstitutional for discriminating against non-Native families in the placement of Native children.

Want more Native News? Get the free daily newsletter today.

Congress passed the Indian Child Welfare Act of 1978 in response to Native children being removed from their homes and placed with non-Native families. Research by the National Indian Child Welfare Association found that between 25 percent and 35 percent of all Native children were forcibly removed from their home by state child welfare and private adoption agencies. Of them, 85 percent were placed with non-Native families, even when fit and willing relatives were available. ICWA is a safeguard aimed at preventing such a crisis from occurring by enabling tribes and families to be involved in child welfare cases. 

The National Congress of American Indians (NCAI) on Monday released the following statement: 

“On September 3, 2021, the United States, tribal defendants, and state and private plaintiffs filed petitions asking the United States Supreme Court to review the Fifth Circuit Court of Appeals’s decision in Brackeen v. Haaland, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA). The Protect ICWA Campaign stands with the United States and tribal defendants who have defended ICWA and its critical protections for Indian children and families who are in state court child custody proceedings. 

Donate today so Native News is free for all readers.

“ICWA represents the gold standard in child welfare practice and has helped tens of thousands of Indian children and families find fairness and healing in state child welfare systems for over 40 years.”

NCAI, is one of the participating national American Indian organizations that comprise the Protect ICWA Campaign. The others are the National Indian Child Welfare Association, the Association on American Indian Affairs and the Native American Rights Fund.

“There will be some additional briefing over the next 30 days, and then/eventually the Court will decide whether to hear the case or not,” according to Turtle Talk.

More Stories Like This

MMIP Red Dress Installation Vandalized in Alaska
NCAI Mid Year Underway on Shakopee Mdewakanton Sioux Homelands
Native News Weekly (June 3, 2023): D.C. Briefs
House Passes Bipartisan Debt Ceiling Deal; How Native American Members of Congress Voted
History Made as First Navajo Appointed U.S. Federal Judge in California

Native News is free to read.

We hope you enjoyed the story you've just read. For the past dozen years, we’ve covered the most important news stories that are usually overlooked by other media. From the protests at Standing Rock and the rise of the American Indian Movement (AIM), to the ongoing epidemic of Murdered and Missing Indigenous People (MMIP) and the past-due reckoning related to assimilation, cultural genocide and Indian Boarding Schools.

Our news is free for everyone to read, but it is not free to produce. That’s why we’re asking you to make a donation to help support our efforts. Any contribution — big or small — helps.  Most readers donate between $10 and $25 to help us cover the costs of salaries, travel and maintaining our digital platforms. If you’re in a position to do so, we ask you to consider making a recurring donation of $12 per month to join the Founder's Circle. All donations help us remain a force for change in Indian Country and tell the stories that are so often ignored, erased or overlooked.

Donate to Native News Online today and support independent Indigenous journalism. Thank you. 

About The Author
Native News Online Staff
Author: Native News Online StaffEmail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Native News Online is one of the most-read publications covering Indian Country and the news that matters to American Indians, Alaska Natives and other Indigenous people. Reach out to us at [email protected].