This week, the Supreme Court will consider whether to gut the Indian Child Welfare Act, which prioritizes placing Native foster children with Native relatives.
“the most tragic and destructive aspect of American Indian life today”: the widespread and sometimes forced removal of Native children to boarding schools and families with no links to their tribes. Tribes’ existence, Congress asserted, depended on their children.of a Native boy by a White Texas couple, seven individuals and Texas are asking the court to strike down the law, which they say discriminates on the basis of race and unconstitutionally requires states to enforce federal law.
The Pascua Yaqui have built an entire infrastructure around ICWA, or “ICK-wah,” which gives tribes the right to intervene in cases involving children who are members or eligible to be members and don’t live on the reservation. About one-quarter of the tribe’s 22,000 members live on the reservation, where custody proceedings are handled by a tribal court.to build out a staff of three ICWA attorneys and three other employees devoted to the cases.
Researchers found that social workers rarely removed children for abuse, a congressional report said, but rather because they equated Indians’ disproportionate poverty with neglect, and caretaking by extended family — common in Native communities — with parental abandonment. Over time, the philosophy behind ICWA has come to be known as the “gold standard” in child welfare practices nationally.
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