This morning, the US Supreme Court made a decision in the Haaland v. Brackeen case, affirming that the Indian Child Welfare Act (ICWA) is constitutional. The 7-2 vote by the Justices protects tribal sovereignty and resolves the growing challenges to child custody issues and traditional values of Native Tribes.
“The protection of indigenous children is a top priority for Tanana Chiefs Conference and we are happy that the Supreme Court made the right decision,” says Chief/Chairman Brian Ridley. “This is a major victory for federal Indian law, our Tribes and our children.”
ICWA was enacted in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and Tribes. Large numbers of Native children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies – which has devastating impacts on indigenous children by separating them from their culture, traditions and tribal identity.
ICWA creates a placement preference to promote the stability of Native American Tribes and families. For any adoption of a Native child under state law, preference must be given to placements with: (1) a member of the child’s extended family; (2) other members of the Native child’s tribe; or (3) families from other Native American tribes.
Today’s decision represents a huge win for Tribes throughout the Nation and reaffirms Tribal Sovereignty.