The Indian Child Welfare Act impels states to place children with family when possible and to honour cultural connections. Now the law is in jeopardy
Save time by listening to our audio articles as you multitaskDaryle’s path may have been smoother had a law governing Native-child custody cases been properly applied. The Indian Child Welfare Act prioritises placing Native children in Native homes. The idea, Congress noted upon its enactment in 1978, was to stop a “white, middle-class standard” from dictating care decisions. Theimpels states to place kids with family when possible and to honour cultural connections. Now the law is in jeopardy.
States seeking to remove Native children from their parents must go to greater lengths to prove that they are at risk of harm than what is required for non-Native kids. And states are expected to offer rehabilitation services to Native parents before terminating custody. Theempowers tribes to intercede in custody cases and place the child with extended family, unrelated tribal members or, as a last option, Indians of any tribe.has been spotty, as Daryle’s experience shows.
to prevent Indian children from “being torn from their families and tribes”. Indian tribes have been regarded as “political”, not racial, entities “from the beginning” of the republic, one lawyer noted. The arrangement is written into the constitution and has been recognised in decades of precedent. Four justices, including Neil Gorsuch, typically a staunch defender of tribal sovereignty, seemed unpersuaded by the attack on the. Justice Elena Kagan criticised Judd Stone, Texas’s lawyer, for peppering his brief with what Justice Gorsuch had called “policy arguments” against the law rather than persuasive legal contentions.
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