The recent ruling by the Supreme Court upheld the law giving preference to Native American families in the adoption and foster care of Native American children, rejecting claims of racial discrimination. Tribes argued in their briefs that the Indian Child Welfare Act (ICWA) prioritizes the well-being of children and recognizes Native Americans as a political group, not a racial one. Enacted in 1978, the ICWA was a response to data revealing that a large percentage of Native children were being placed in foster care outside of their communities.
One of the key provisions of the ICWA is that preference must be given to relatives, tribe members, or other Native families over non-Natives for the placement of Native children. Tribal leaders came together to praise the Supreme Court's decision, hoping it would put an end to challenges to tribal sovereignty and the legal uncertainty surrounding Indian law.
They issued a joint statement commending the justices for placing the safety and well-being of children first, upholding the constitution, and respecting longstanding legal principles. They emphasized that the ruling aligns with the course of history.
English (US)