Indian Child Welfare Act
The landmark 1978 law was upheld in a 7-2 opinion led by Justice Amy Coney Barrett.
The Indian Child Welfare Act pushes for Native children to be adopted by Native families. With its constitutionality challenged, tribal sovereignty hangs in the balance.
The landmark law, which is being challenged in court, is constitutional and protects the "best interests" of Native children, reads their amicus brief.
Native American children have been removed from their families and communities for generations. Which is why in 1978 Congress passed the Indian Child Welfare Act (or ICWA), a law which sets standards for the placement of Native children in foster or adoptive homes. But now, some non-Native families are challenging the constitutionality of ICWA, posing a grave threat to Native American families and communities across the country.
WHAT'S HAPPENING
A 1978 law has been vital for keeping Native American communities together. Now it's in court because non-Native people say it's not fair to them.
Native American children have been removed from their families and communities for generations. Which is why in 1978 Congress passed the Indian Child Welfare Act (or ICWA), a law which sets standards for the placement of Native children in foster or adoptive homes. But now, some non-Native families are challenging the constitutionality of ICWA, posing a grave threat to Native American families and communities across the country.
The end of the federal Indian Child Welfare Act of 1978 will make it easier for non-Native parents to adopt Native American children.
The use of DNA tests to claim “Native American” genes or blood trivializes history.