Celebrate Indigenous People's Month by Protecting ICWA (Indian Child Welfare Act)

On Weds of this week, Nov 9, the US Supreme Court heard arguments in a case against ICWA. ICWA was enacted in 1978 to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes. In fact by the time it passed, between 25-35% of ALL Native children had been taken from their families and put in foster homes, adoptive homes, or institutions, & approximately 80% of Native families living on reservations had lost 1 child to the foster care system. 

ICWA respects the inherent sovereign right of tribes to determine the outcomes of their children and prioritizes placement with Native foster homes and family. ICWA requires caseworkers to work actively to involve the child’s tribe and child’s parents in the proceedings. ICWA does not mean that Native kids are only placed with families or tribes. In fact, about the same number of Native children are adopted by non-Native families as Native families.

ICWA has been hailed as a model for federal & state child welfare policy reform—particularly its focus on placing children with relatives or friends of the family when possible. Defenders of ICWA include 497 tribes, 24 states and Washington, D.C. 

By the way, the law firm representing the couple against ICWA pro bono actually also represents the company that lost $7.5 billion from the Indigenous resistance to the Dakota access pipeline. 

A ruling is expected in June 2023.

• Protect ICWA Linktree
• @protectICWA
• powerful first hand testimony