SCOTUS Upholds Indian Child Welfare Act (ICWA)

BREAKING NEWS!!

The Coalition is thrilled to learn that SCOTUS upheld ICWA in a 7-2 decision!! That’s right..the Indian Child Welfare Act remains in tact!!! HUGE win for tribal sovereignty and family preservation!! Native children continue to have the right to grow up within their family and remain connected to their culture.

Justices Clarence Thomas and Samuel Alito dissented. The court rejects all of the challenges to the Indian Child Welfare Act, “The issues are complicated—so for the details, read on. But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.” Justice Amy Coney Barrett wrote in her majority opinion.

Background

The U.S. Supreme Court heard oral arguments November 9, 2022 on an Indian Child Welfare Act (ICWA) case, Brackeen versus Haaland. The court’s decision will decide the constitutionality of the act. ICWA was enacted in 1978 and protects the well-being and best interests of Indian children and their families by giving preference to Native American families and tribes over non-Native families when deciding where to place Native children in custody and adoption proceedings. In short, it keeps Native children with Native families. Prior to the passage of ICWA, approximately 75-80 % of Indian families living on reservations lost at least one child to the foster care system.

Coalition Position:

The Coalition stands, firmly, behind preserving and protecting ICWA. Separating children from their culture leads to trauma. As stated in our Family Preservation Statement “The Coalition is dedicated to supporting child-centered, family preservation policies, programs, organizations and services that assist in keeping families together. “