Minnesota moves to protect Native children as Supreme Court decision looms
The federal Indian Child Welfare Act, known as ICWA, became law in 1978 in response to what was called a crisis of Native children being removed from their families by social service agencies. Two studies found 25 to 35 percent of all American Indian children were taken from their families and 90 percent were placed with white families.
In the case now before the U.S. Supreme Court, non-Native families wanting to adopt Native children are challenging provisions of the federal law designed to protect Native family and cultural connections.
Among other things, the law prioritizes where Native children should be placed if they are adopted, the first priority is extended family, followed by someone in their tribe or another Native family.
The plaintiffs in the Brackeen case argue the federal government is unlawfully imposing requirements on states. They also contend that protections for American Indian children are based on an unconstitutional racial classification, said Mitchell Hamline School of Law professor, and Director of the Native American Law and Sovereignty Institute, Angelique EagleWoman.
https://www.mprnews.org/story/2023/04/18/minnesota-moves-to-protect-native-children-as-supreme-court-decision-looms
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