Native child welfare law faces major Supreme Court challenge
The U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children
FLAGSTAFF, Ariz. (AP) — The U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.
The outcome could undercut the 1978 Indian Child Welfare Act, which was enacted in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private agencies. Tribes also fear more widespread impacts in the ability to govern themselves if the justices rule against them.
The law requires states to notify tribes and seek placement with the child’s extended family, members of the child’s tribe or other Native American families. It’s long been championed by tribal leaders as a means of preserving their families, traditions and cultures.
Three white families, Texas and a small number of other states claim the law is based on race and is unconstitutional under the equal protection clause. They also contend it puts the interests of tribes ahead of children. Lower courts have been split on the case.
