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OP/ED: Indian Child Welfare Act Needs to Be Supported to Help Foster Kids, Tribes

The 5th Circuit Court of Appeals put on hold on Dec. 5 a ruling that would declare the Indian Child Welfare Act unconstitutional. This controversial decision would have effectively overturned a law that has existed for 40-plus years to protect the rights of Native American tribes and the cultural needs of Native children in foster care.

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Indian Children Welfare Act (ICWA)

3/24/2019

article Fate of Native children may hinge on US adoption case
(Washington D.C.) -- A case before a federal appeals court this month could upend an historic adoption law meant to combat centuries of brutal discrimination against...

3/22/2019

article Colorado is out of compliance with Indian Child Welfare Act
(Colorado) -- Colorado is violating protocol when taking custody of Native American children and has inundated tribes with paperwork and delayed placing children in...

3/21/2019

article OP/ED: The attack on the Indian Child Welfare Act cannot stand
(Washington D.C.) -- With the fate of the Indian Child Welfare Act in the hands of a federal appeals courts, tribes and some states have come together to defend the law...

3/20/2019

article Native children benefit from knowing their heritage. Why attack a system that helps them?
(Washington D.C.) -- If an American child is abused or neglected while living overseas, we expect our government to get involved. If an American couple chooses to adopt...
article OP/ED: Indian Child Welfare Act held unconstitutional
(Washington D.C.) -- ICWA was passed in 1978 to counteract what Congress perceived to be abusive child welfare practices. Through adoption and foster care placement,...
article OP/ED: Paxton should stop playing politics with adoptive families
(Washington D.C.) -- Attorney General Ken Paxton cares deeply about preventing discrimination in adoptions. Except for when he doesn’t.

3/19/2019

article Stateline: Indian Child Welfare Act likely headed to Supreme Court
(Washington D.C.) -- A case before a federal appeals court could upend an historic adoption law meant to combat centuries of brutal discrimination against American...

3/18/2019

article Court Fights Intensify Over Who Gets To Adopt Native American Children
(Washington D.C.) -- A case before a federal appeals court last week could upend an historic adoption law meant to combat centuries of brutal discrimination against...

3/17/2019

article 'They are not your children': Future of Indian Child Welfare Act in hands of appeals court
(Louisiana) -- Tribal leaders expressed optimism after a federal appeals court here heard arguments in a case that will determine the fate of the Indian Child Welfare...
article MORON ALERT: AG Landry protecting Louisiana children, including Native American kids
(Louisiana) -- As a mother of four, a former special counsel for Indian Affairs in the Governor’s Office, and now Louisiana’s solicitor general — I was...

3/15/2019

article BAKER: Sovereign rights at stake in ICWA case
(Washington D.C.) -- Native children are removed from their homes at a higher rate than most of their peers. Nonetheless, in the recent Texas v. Bernhardt case, U.S....
article Court case centers on Native American children in foster care
(Washington D.C.) -- A federal law that gives preference to Native American families in foster care and adoption proceedings involving Native American children is facing...
article Paxton targets U.S. law limiting adoptions of Indian children
(Texas) -- Texas Attorney General Ken Paxton has made it a priority to overturn the Indian Child Welfare Act, enacted in 1978 after Congress identified “alarmingly...

3/14/2019

article 'They are not your children': Future of Indian Child Welfare Act in hands of appeals court
(Louisiana) -- Tribal leaders expressed optimism after a federal appeals court here heard arguments in a case that will determine the fate of the Indian Child Welfare...

3/13/2019

article Appeals court hears case on adoptions of Native Americans
(Louisiana) -- A federal appeals court in New Orleans is hearing arguments Wednesday on a 1978 law giving preference to Native American families in foster care and...
article Appeals court hears Texas case challenging Indian Child Welfare Act; Judge says ‘They are not your children … they are the children of the tribes’
(Louisiana) -- The 5th U.S. Circuit Court of Appeals heard oral arguments March 13 for the Brackeen v. Bernhardt case. The plaintiffs, who won at the district court...
article Fifth Circuit Takes Up Indian Child Welfare Act Adoption Law
(Louisiana) -- Attorneys representing Native American tribes told a panel of Fifth Circuit judges Wednesday that a 1978 law that gives preference to Native American...
article Indian Child Welfare Act supporters: Law needed to ‘rectify those past wrongs’
(Louisiana) -- A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children is an unconstitutional...
article Indian Country asks appeals court to protect #NativeChildren in critical case
(Louisiana) -- Ahead of a critical court hearing here, leaders of Indian Country organizations called for the reversal of a judge's decision that struck down the...
article Judge challenges Native American custody law
(Louisiana) -- A federal law that gives preference to Native American families in foster care and adoption proceedings involving Native American children is facing the...
article Welfare Of Native American Kids At Center Of Adoption, Foster Care Case
(Louisiana) -- A federal law that gives preference to Native American families in foster care and adoption proceedings involving Native American children is facing the...

3/12/2019

article Court case centers on Native American kids in foster care
(New Orleans) -- A federal law that gives preference to Native American families in foster care and adoption proceedings involving Native American children is facing the...
article BAKER: Sovereign rights at stake in ICWA case
(Oklahoma) -- Native children are removed from their homes at a higher rate than most of their peers. Nonetheless, in the recent Texas v. Bernhardt case, U.S. District...

3/11/2019

article Fate of Native Children May Hinge on U.S. Adoption Case
(Washington D.C.) -- A case before a federal appeals court this week could upend an historic adoption law meant to combat centuries of brutal discrimination against...
article ICWA plaintiffs ask U.S. Supreme Court to hear their case
(Washington D.C.) -- Two South Dakota tribes are asking the U.S. Supreme Court to reconsider its case after a federal appeals court overturned an earlier ruling that...
article Native American child welfare law faces biggest challenge
(Washington D.C.) -- A federal law that gives preference to Native American families in foster care and adoption proceedings involving Native American children is facing...
article Guest column: Against expert advice, Landry picks fight on Native Americans adoption law
(Louisiana) -- When joining a lawsuit that could deeply affect children and families for generations, an attorney general might be expected to heed the advice of a state...

3/9/2019

article The human faces of the Indian Child Welfare Act
(Indian Country) -- Autumn Adams spent a good portion of her life in foster care. She says the Indian Child Welfare Act saved her life because she was able to stay in...

3/2/2019

article Judge: State deference to U.S. law in Native American adoptions is unconstitutional
(Texas) -- A Tarrant County judge on Friday ruled that the state’s requirement for family law judges to apply the federal Indian Child Welfare Act to child custody...

3/1/2019

article ADAMS: I am living proof that it’s best to keep Native children with their tribal communities
(Washington) -- No placement may be perfect when you are a foster youth. I can speak from personal experience. I have been in and out of the foster system with my...

2/21/2019

article A Court Battle Over a Dallas Toddler Could Decide the Future of Native American Law
(Texas) -- When Chad and Jennifer Brackeen realized that God was calling on them to help children in their area, they first tried to ignore it. They already had two...
article OP/ED: Foster Care System: Where are our children?
(South Dakota) -- In a world of statistics, where even educational statistics in the United States, do not account for Native people because the percentages are so small...

2/20/2019

press release National Native organizations respond to reply briefs in 'Brackeen v. Bernhardt'
(Washington D.C.) -- In reply briefs filed yesterday with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, the United States...

2/19/2019

article Presentation planned on Indian Child Welfare Act
(Washington) -- Community members are invited to a presentation about the Indian Child Welfare Act on Tuesday, Feb. 26. Sarah Augustine, executive director of The...

2/5/2019

article New county agreement promises to keep Hoopa Tribe involved in child welfare decisions
(California) -- Child welfare matters in Humboldt County are handled by the county Department of Health and Human Services, which now promises it will work with Native...

2/1/2019

article OP/ED: A federal law is hurting Native American children. It must be struck down.
(Washington D.C.) -- In June 2016, Texas couple Chad and Jennifer Brackeen took a 10-month-old Native American foster child into their home. The boy, referred to as A.L....

1/28/2019

article Tribes offer overwhelming support for Indian Child Welfare Act
(Washington D.C.) -- On Jan. 16, 325 tribal nations, 57 Native organizations, 21 states, 31 child welfare organizations, Indian and constitutional law scholars, and...

1/24/2019

article OP/ED: Indian Child Welfare Act Needs to Be Supported to Help Foster Kids, Tribes
(Washington D.C.) -- The 5th Circuit Court of Appeals put on hold on Dec. 5 a ruling that would declare the Indian Child Welfare Act unconstitutional. This controversial...

1/23/2019

article Assessing An NPR Report On The Indian Child Welfare Act
(Washington D.C.) -- A Dec. 17 report on All Things Considered about the Indian Child Welfare Act prompted harsh criticism from the Native American Journalists...
article Tribes come together to challenge the Indian Child Welfare decision
(USA) -- A defending argument for the Indian Child Welfare Act was released last week with widespread support from 325 tribes, 57 organizations, 31 child welfare...

1/22/2019

article Bacon, Cole join bicameral team supporting Indian Child Welfare Act
(Washington D.C.) -- U.S. Reps. Don Bacon (R-NE) and Tom Cole (R-OK) joined a bipartisan group of colleagues in both chambers of Congress to ensure that federal...
article Utah adds its support to federal law protecting Native American children
(Utah) -- Utah joined 21 other states last week in filing a legal brief in support of the Indian Child Welfare Act, a 40-year-old law that furthers the best interests of...

1/18/2019

article Wampanoags Support Indian Child Welfare Appeal
(Massachusetts) -- This week, the Mashpee Wampanaog Tribe signed a legal brief along with more than 300 other federally recognized tribes in support of the Indian Child...

1/17/2019

article Alaska officials call on court to uphold Indian Child Welfare Act
(Alaska) -- Alaska’s attorney general and two of the state’s congressional lawmakers are calling on a federal appeals court to uphold the Indian Child Welfare Act, or...
article State of Idaho Attorney General Joins Indian Tribes in Defense of the Indian Child Welfare Act
(Idaho) -- Idaho Attorney General Lawrence Wasden supports the Indian Child Welfare Act (ICWA) by filing an amicus brief after meeting with tribal legal counsel from...
press release Lawmakers File Bipartisan, Bicameral Amicus Brief in Support of the Indian Child Welfare Act
(Washington D.C.) -- Today, U.S. Senators Tom Udall (D-N.M.) and Lisa Murkowski (R-Alaska) along with U.S. Representatives Karen Bass (D-Calif.), Don Bacon (R-Neb.),...

1/16/2019

article Arizona Attorney General Supports Indian Child Welfare Act In Texas Case
(Arizona) -- Arizona joined 18 other states in supporting the Indian Child Welfare Act in a Texas legal battle over the adoption of a Native American child. In a legal...

1/15/2019

article AG Becerra leads bipartisan coalition of 21 Attorneys General in brief defending law that protects Native American children
(California) -- California Attorney General Xavier Becerra led a bipartisan coalition of 21 states in filing an amicus brief in the Fifth Circuit Court of Appeals to...
press release Attorney General Ferguson urges appeals court to preserve Indian Child Welfare Act
(Washington) -- Attorney General Bob Ferguson has joined a bipartisan coalition of 21 states to urge a federal appeals court to preserve the federal Indian Child Welfare...

12/19/2018

article By gutting Obamacare, Judge Reed O’Connor handed Texas a win. It wasn’t the first time.
(Texas) -- In 2015, it was an Obama administration effort to extend family leave benefits to gay couples. In 2016, it was an Obama administration guideline allowing...

12/17/2018

article Foster parents take on Indian Child Welfare Act in fight for child
(Arizona) -- When 5 EYEWITNESS NEWS first introduced viewrs to foster parents Jason and Danielle Clifford last year, they had just said goodbye to a child 5 EYEWITNESS...
article Native American Adoption Law Challenged As Racially Biased
(Arizona) -- In 2014, Paul Buckley and his wife, Cheryl Becker, fostered a baby boy named Mason. They had seen other members of their Phoenix church community foster...

12/16/2018

article With ICWA under threat, supporters gather
(Arizona) -- Tawny Jodie, 19, has fond memories of running around outside in the rain with her cousins and hoping it would stop soon so they could make mud pies to throw...
article Challenges to law could redefine Native American foster care, adoptions
(Arizona) -- Gilbert resident Mimi Condon calls the struggle to make her oldest son part of her family her “39-month labor.” That’s how long it took to...

12/13/2018

article Cronkite News: Tribes on 'pins and needles' in Indian Child Welfare Act case
(Arizona) -- Gilbert resident Mimi Condon calls the struggle to make her oldest son part of her family her “39-month labor.” That’s how long it took to...

12/12/2018

article Challenges to law could redefine Native American foster care, adoptions
(Arizona) -- Gilbert resident Mimi Condon calls the struggle to make her oldest son part of her family her “39-month labor.” That’s how long it took to...

12/5/2018

article Indian Child Welfare Act remains in force after appeals court order
(Texas) -- A federal appeals court granted a stay requested by the four tribes on Monday to preserve the 1978 Indian Child Welfare Act. “The law is going to stay...

12/3/2018

article U.S. to defend Indian Child Welfare Act
(Texas) -- The United States will join four tribes defending the Indian Child Welfare Act against a district court ruling in Texas. The Department of Justice, with the...

12/2/2018

article Navajos Say They Deserve Place In Appeal Of ICWA Ruling [sub req]
(Texas) -- The Navajo Nation on Thursday pressed a Texas federal judge to let the tribe join an appeal of his ruling that the Indian Child Welfare Act is...

11/21/2018

article RECTOR: Why conservatives are attacking a law meant to protect Native American families
(Washington D.C.) -- My grandmother Inez was a striking beauty, and quiet. Seen but not heard. She was the second youngest of 8 children in a family that lived in...
article SD Supreme Court: State Circuit Judge Didn't Violate Federal Indian Child Welfare Act
(South Dakota) -- A state circuit judge didn't violate the federal Indian Child Welfare Act when she terminated a father's right to his four-year-old son, the...
article Tribes Appeal, Seek Stay on Indian Child Welfare Act Ruling; Feds Yet to Act
(Texas) -- Several tribes have formally appealed last month’s decision in a federal district court that the 40-year-old Indian Child Welfare Act (ICWA) is in part...

11/12/2018

article BLOG: The next step in assimilation
(Washington) -- My father was removed from his mother and family, land, people, community and language at birth. He grew up in Denver, 350 miles from his mother’s...

11/7/2018

article Cherokee leaders speak out against Texas adoption ruling
(North Carolina) -- A recent court ruling in Texas has Native American tribes across the country — including the Eastern Band of Cherokee Indians — concerned...

10/30/2018

article Judge Denies Harm Could Be Caused by Ruling Against Indian Child Welfare Act
(Texas) -- A federal judge in Texas this week denied a stay of his previous ruling on the Indian Child Welfare Act in the Brackeen vs. Zinke lawsuit, saying the...

10/29/2018

article SMITH: Indian Child Welfare Act Protects the Rights We Always Had
(Washington D.C.) -- As a child, I was at the heart of two Indian Child Welfare Act (ICWA) cases in two separate states, and I am the why behind the law. Every Indian...
article OP/ED: Indian Child Welfare Act Protects the Rights We Always Had
(Washington D.C.) -- As a child, I was at the heart of two Indian Child Welfare Act (ICWA) cases in two separate states, and I am the why behind the law. Every Indian...

10/28/2018

article Native Americans Say Law That Protects Children at Risk
(Washington D.C.) -- An American law that blocks placement of Native American children with non-native American families was ruled illegal earlier this month. A federal...

10/24/2018

article Treppa: Why the ICWA is critical to the health of native children and tribal communities
(California) -- A Texas judge’s recent decision to strike down the Indian Child Welfare Act, or ICWA, sets a dangerous precedent that unravels federal policy...

10/23/2018

article Challenges to Indian Child Welfare Act Concern Native Americans
(Washington D.C.) -- On Mother’s Day 2015, Iva Johnson, a member of the Navajo Nation living off-reservation in Flagstaff, Arizona, suffered a heart attack and...
article GLADSTONE: History, Not Race, Says Indian Children Still Need Legal Protection
(Washington D.C.) -- Earlier this year, policy changes leading to migrant family separations rocked the country, leading to surprise and outrage. How could the United...

10/19/2018

article ICWA decision brings push back from Tribe
(Washington D.C.) -- The federal district court decision of Brackeen v. Zinke, which ruled that the Indian Child Welfare Act was unconstitutional, has prompted a...

10/18/2018

article Indigenous Writers & Activists on Indian Child Welfare Act & Ongoing Struggle for Native Sovereignty
(USA) -- Extended discussion with three leading indigenous writers and activists. Tara Houska is in Fargo, North Dakota. She is national campaign director for Honor the...

10/17/2018

article Alaska tribes, state officials denounce Indian Child Welfare Act ruling
(Alaska) -- As Alaska moves to strengthen ties with tribes over foster care and adoptions involving tribal children, a new federal court ruling out of Texas threatens...
article Judge strikes down Native American adoption law; Tribes plan to fight back
(Texas) -- A landmark legislation involving Native American adoption illegal has been deemed illegal. In the Oct. 4 ruling, a Texas federal judge said the Indian Child...

10/15/2018

article Cherokee Nation to appeal Oct. 4 ruling against ICWA
(Oklahoma) -- The Cherokee Nation is planning to appeal an Oct. 4 decision by a United States district judge that struck down a law governing the adoptions of Native...
article Judge Strikes Indian Child Welfare Act
(Texas) -- Judge Reed Charles O'Connor, a federal judge in Texas, is not afraid of Indians. Staring down centuries of Native American sovereignty, the judge stuck...
article DCS claims 'jurisdictional, legal issues' in Phoenix toddler's death case
(Arizona) -- Laura Pahules shudders at the thought of what happened to one-year-old Josiah Gishie. Pahules is the executive director for Arizonans for Children, the non-...

10/14/2018

article A Decades-Old Law Protecting Native Americans from Family Separation Is Under Threat
(Texas) -- The Trump administration’s continued practice of separating immigrant families at the border has rightfully sparked widespread outrage. But the policy is part...

10/13/2018

article Native American Advocacy Groups Fight Texas ICWA Decision
(Texas) -- Earlier this month, a federal judge in Texas struck down the Indian Child Welfare Act, which had been in effect for four decades. Ken Paxton, the attorney...
article Texas judge deems Indian Child Welfare Act ‘unconstitutional’
(Texas) -- It is a law that has created headlines across Oklahoma following a very public adoption battle. In 2013, all eyes were turned to the courts as judges decided...
article THINK TANK: Does the Indian Child Welfare Act protect tribal interests at the expense of children?
(Arizona) -- When Chad and Jennifer Brackeen received a call in June 2016 from a child welfare worker asking if they would be willing to take in a 10-month-old foster...

10/12/2018

article Cherokee Nation vows to fight for ICWA in Texas adoption case similar to 'Baby Veronica'
(Oklahoma) -- The Cherokee Nation will be taking a calculated risk when it appeals a recent decision by a federal judge in Texas declaring the Indian Child Welfare Act...
article Indian adoption ruling in Texas has broader implications: Judge rules Indian Child Welfare Act unconstitutional
(Minnesota) -- Some Bemidji-area American Indian leaders decried a recent Texas court ruling that could have national implications. A federal judge ruled last week that...
article Indian Child Welfare Act ruled unconstitutional, tribes vow to protect Native children
(Texas) -- The future of a law designed to help ensure the survival of tribal cultures and place Native American child custody decisions in the hands of tribes is in...
article KASTELIC: ICWA Ruling Worsens an Already Biased System
(Washington D.C.) -- A recent decision regarding the Indian Child Welfare Act (ICWA) sets the stage for the next battle to defend this critical law that protects the...
article Tribes Will Seek Stay on Indian Child Welfare Act Ruling, Feds Response in Limbo
(USA) -- Late last week, a federal judge ruled that the Indian Child Welfare Act (ICWA) was unconstitutional, leaving in jeopardy a 40-year-old law meant to protect a...

10/10/2018

article National American Indian Organization Release Statement on Indian Child Welfare Act Case
(Oregon) -- On Monday, October 8, 2018 the National Indian Child Welfare Association, National Congress of American Indians, Association on American Indian Affairs and...
article The Red Lake Nation Supports Efforts to Reverse Texas Court Decision Involving the Indian Child Welfare Act
(Minnesota) -- The United States District Court for the Northern District of Texas recently decided that provisions of the Indian Child Welfare Act (ICWA) were...

10/9/2018

article Minnesota parents claim racial bias in child protection system as federal case begins
(Minnesota) -- Hundreds of parents whose children were removed from them by county authorities are demanding changes to Minnesota’s child welfare laws, arguing...

10/8/2018

article Indian Country outraged by decision in Indian Child Welfare Act case
(Washington D.C.) -- A federal judge's decision to strike down the Indian Child Welfare Act continues to draw strong reactions across the nation. The Trump...
article Texas Judge Overturns Landmark Law Favoring Indian Tribes in Native American Child Adoptions
(Texas) -- A Texas federal judge has declared that the Indian Child Welfare Act, a landmark law that places preference in the adoption of Native American children with...

10/7/2018

article Indian Child Welfare Act Under Fire: Federal Judge Strikes Down 40-Year-Old Law, Appeals Could Lead to Supreme Court
(Washington D.C.) -- A federal judge has declared unconstitutional a 40-year-old law that was passed to protect against the separation of American Indian children from...

10/6/2018

article MUST READ: Federal judge in Texas strikes down Indian Child Welfare Act
(Texas) -- A federal judge in Texas has struck down the Indian Child Welfare Act, a decades-old federal law aimed at keeping Native American families together. Backed by...

10/5/2018

article Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke
(Texas) -- A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. Mancari...
article GOP-Appointed Federal District Judge Strikes Down Indian Child Welfare Act
(Texas) -- A federal district judge on Thursday struck down the Indian Child Welfare Act (ICWA), a federal law enacted forty years ago in 1978. Judge Reed O’Connor...

9/29/2018

article Bittersweet ruling strikes down ICWA
(South Dakota) -- On Sept. 14, the United States Court of Appeals for the Eighth Circuit vacated a lower court ruling that challenged the constitutionality of 48 hour...
article Pennington County to stick with current ICWA hearing procedures
(South Dakota) -- Despite a federal appeals court vacating a previous local ruling ordering Pennington County to change the way it runs its initial hearings for Native...

9/22/2018

article Court strikes down landmark Indian Child Welfare Act ruling
(South Dakota) -- A federal appeals court has delivered a major blow to tribes and parents who have been seeking stronger enforcement of the Indian Child Welfare Act in...

9/18/2018

article Fed court overturns Native American child-removal ruling
(South Dakota) -- The U.S. Court of Appeals for the Eighth Circuit overturns a lower court’s order that gave Native American parents more rights in child-removal...
article US appeals court overturns local ICWA ruling
(South Dakota) -- A federal appeals court overturned Friday an earlier ruling that said Pennington County must give Native American parents more rights during the...

9/17/2018

article Decision: Oglala Sioux Tribe v. Fleming
(Washington D.C.) -- The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna Pappan and Lisa Young brought this action against various South Dakota...

9/14/2018

article 8th Circ. Tosses Tribes' Child Welfare Claims Against SD
(South Dakota) -- The Eighth Circuit on Friday overturned a lower court decision handing a partial quick win to the Oglala and Rosebud Sioux tribes in their suit...

8/14/2018

article ‘Moot’ Ruling in Federal Court Upholds Indian Child Welfare Act, Again
(California) -- The United States Court of Appeals for the Ninth Circuit ruled last Monday that a lawsuit in Arizona challenging the Indian Child Welfare Act was moot,...

8/8/2018

article Court dismisses challenge to Indian child welfare law
(Arizona) -- A federal appeals court has dismissed a challenge to a law that gives preference to American Indian families in adoptions of Native children. The 9th U.S....

8/7/2018

article Appeals court throws out challenge to Native American Child Welfare Act
(Arizona) -- A court has thrown out a bid to void a federal law that challengers claim is racist because it places the desires and rights of Native American tribes over...
article Battle Over Native American Law On Adoptions Isn't Over
(Arizona) -- The Goldwater Institute had sued to challenge a federal law that requires Native American children removed from the home to be placed with a Native American...

8/6/2018

article Appeals court throws out challenge to Indian Child Welfare Act, calling it 'moot'
(Arizona) -- A court has thrown out a bid to void a federal law that challengers claim is racist because it places the desires and rights of Native American tribes over...
article Court rejects challenge to Native American law on adoptions
(Arizona) -- The 9th Circuit Court of Appeals has dismissed a case challenging a federal law that requires Native American children removed from their parents to be...

8/1/2018

article GOLDWATER INSTITUTE: Native American Children at Risk Need Protection Too
(Arizona) -- Neglected and abused Native American children may have new hope of finding the stable, loving homes they need, thanks to a lawsuit being heard today by a...

7/28/2018

article Cherokee tribal member, claiming Indian Child Welfare Act violations, loses appeal to regain custody of children
(California) -- A California appeals court has upheld a juvenile court ruling that took away custody of two children whose mother is a member of the Cherokee Nation. The...

7/8/2018

article State turns to urgent placement of foster kids with relatives, friends
(Oklahoma) -- It was 6 a.m. Las Vegas time when Keli Tointigh awoke to her cell phone ringing. The Chickasha resident was on vacation with her husband, John Tointigh,...

6/18/2018

article Tribes Want Indian Child Welfare Act Challenge Nixed [sub req]
(Texas) -- The Cherokee Nation and other Native American tribes on Friday asked for a quick win in a suit from various states and some foster families challenging the...

6/17/2018

article Two foster children speak out about leaving home they love
(Michigan) -- Veronica Spears plays the violin. Her sister Haylie plays the saxophone. They are both voracious readers. Veronica, 14, has read the entire "Harry...

6/15/2018

article San Manuel Band of Mission Indians Invests in Indian Child Welfare Act Education and Resources
(Oregon) -- The National Indian Child Welfare Association (NICWA) acknowledges and thanks the San Manuel Band of Mission Indians, located in Highland, California, for...

6/14/2018

article Gila River Community Attorneys Argue in Federal Appeals Court against Goldwater Institute
(Arizona) -- Attorneys for the Gila River Indian Community Wednesday appeared before the U.S. Court of Appeals for the Ninth Circuit to defend the Indian Child Welfare...

6/6/2018

article State turns to relatives, friends for urgent foster placement
(Oklahoma) -- It was 6 a.m. Las Vegas time when Keli Tointigh awoke to her cell phone ringing. The Chickasha resident was on vacation with her husband, John Tointigh,...

6/3/2018

article Foster children face uncertain future
(Michigan) -- A Grand Traverse Band Tribal Court judge soon will decide whether three children who have lived with their Traverse City foster parents since 2009 will...
article AG Balderas Files Brief To Protect Native American Children And Families
(New Mexico) -- Attorney General Hector Balderas announced Thursday that New Mexico joined a bipartisan coalition of attorneys general in filing a brief to defend the...

5/30/2018

article California Joins Bipartisan Coalition Backing Indian Child Welfare Act
(California) -- A bipartisan coalition of Attorneys General filed an amicus brief late last week in Brakeen et. al. v. Zinke to defend the federal Indian Child Welfare...
article States Back Indian Child Welfare Act In Texas’ Challenge [sub req]
(Texas) -- California and several other states with large Native American populations have voiced their support for the Indian Child Welfare Act in the state of Texas...

5/18/2018

article Michigan court backs dad on parental rights, cites Indian child welfare law
(Michigan) -- The Michigan Supreme Court ruled on Friday that the father of two American Indian children is entitled to withdraw his consent to terminate his parental...

5/6/2018

article 3 attorneys general sue feds over race-based adoption law
(Texas) -- The intent of the federal Indian Child Welfare Act was to allow Indian children whose parents were unable to care for them to remain within their extended...

4/27/2018

article Film "Dawnland" Tells Of The Taking Of Native American Children In Maine
(Massachusetts) -- The documentary Dawnland tells the story of the state of Maine's effort to come to terms with a shockingly shameful part of its history when state...

4/4/2018

article Tribe Signs Funding Agreement to Expand Child Welfare Services
(Alaska) -- Central Council of Tlingit and Haida Indian Tribes of Alaska (Tlingit & Haida) entered into a Support Services Funding Agreement with the State of Alaska...

3/31/2018

article Court reconsiders dispute between guardians, Arizona tribe
(Ohio) -- An Ohio court will reconsider whether a 5-year-old boy should stay with his foster family or move across the country to live with his father's Native...

3/28/2018

article Tribes Push To Nix Challenge To Indian Child Welfare Act [sub req]
(Texas) -- The Cherokee Nation, Oneida Nation, Quinault Indian Nation and Morongo Band of Mission Indians on Wednesday urged a federal judge to throw out a lawsuit led...

3/23/2018

article POLITICAL BLOG: Families torn asunder
(California) -- This week marked the two-year anniversary of the spring afternoon when Rusty and Summer Page lost the 6-year-old girl they had raised as their own...

3/18/2018

article 5-year-old Native American boy to remain in Ohio for now
(Ohio) -- A 5-year-old Native American boy at the center of controversy for more than a year will remain with his Coshocton County foster family, for now. Last week, the...

3/17/2018

article 5-year-old Native American boy to remain in Ohio for now
(Ohio) -- A 5-year-old Native American boy at the center of controversy for more than a year will remain with his Coshocton County foster family, for now.

3/16/2018

article Conservative group claims victory in Indian Child Welfare Act case
(Ohio) -- The conservative Goldwater Institute is claiming victory in an Indian Child Welfare Act case in Ohio. On Tuesday, the 10th Appellate District blocked the...

3/10/2018

article Indian Child Welfare Act attacks are a threat to tribes
(USA) -- This week, High Country News published a story by reporter Allison Herrera detailing a conservative think tank’s efforts to dismantle the Indian Child...

3/9/2018

article BREWER: Indian Child Welfare Act attacks are a threat to tribes
(Colorado) -- This week, High Country News published a story by reporter Allison Herrera detailing a conservative think tank’s efforts to dismantle the Indian...

3/5/2018

article Family Looking For Answers After Foster Kids Forced to Leave
(Minnesota) -- A Rochester family is looking for answers after they say their three foster kids were forced to move to another home on days' notice. Alicia and Shawn...
article Who can adopt a Native child?
(Arizona) -- On a hot summer day in 2007, Gary Williams sat on a worn loveseat across from his dad, Floyd Williams, in Floyd’s Buckeye, Arizona, home. Gary, his...

2/28/2018

article Indian Child Welfare and Wellness Conference honors the past, looks to the future
(Washington D.C.) -- Fifty years ago a small, but powerful delegation from the Spirit Lake Nation, what was then known as the Dakota Sioux Tribe, traveled to New York...

2/14/2018

article Feds Want End To Texas Suit Over Indian Child Welfare Act [sub req]
(Washington D.C.) -- The U.S. Department of the Interior urged a federal judge Tuesday to dismiss a suit led by Texas alleging a federal law that sets rules for adoption...

2/13/2018

article Appeals court hears tribal challenge to SD child removals
(South Dakota) -- A lawyer representing two Native American tribes urged a federal appeals court Tuesday to keep in place the changes a judge ordered for a South Dakota...
article Judge's Ruling in Custody Battle Leads to Child's Abrupt Goodbye with Foster Parents
(Minnesota) -- Foster parents Jason and Danielle Clifford lost their fight to finish the adoption of their 6-year-old foster child KSTP is identifying as "P"...
article Court hears challenge on taking children from Native American homes
(Minnesota) -- A federal appeals court is considering a tribal challenge to a South Dakota county's procedures for removing children from homes. The Oglala and...

2/12/2018

article South Dakota's Federal ICWA Ruling Heads To 8th Circuit Court of Appeals
(South Dakota) -- The Indian Child Welfare Act lawsuit filed in Rapid City's federal court almost five years ago is going to the Eighth Circuit Court of Appeals. A...

12/12/2017

article Indian Child Welfare Act under attack again as conservative group submits appeal to Supreme Court
(California) -- The conservative Goldwater Institute is attacking the Indian Child Welfare Act again. The group has asked the U.S. Supreme Court to hear an ICWA case...

12/9/2017

article Tribe fighting for custody of orphaned children might be Hawaiian, court papers say
(California) -- Two years ago, three Visalia girls were orphaned when their parents were killed on a rural road by a suspected drunken driver. Since the deadly collision...

12/6/2017

article Couple Seeking to Adopt Native American Child Balks at Indian Child Welfare Law
(Minnesota) -- Whether the Indian Child Welfare Act applies to a young girl is at the center of a legal custody fight playing out in Hennepin County.

11/22/2017

article MORON ALERT: Goldwater appeals Minnesota case to grant equal protection to Native American boy
(Arizona) -- In an effort to give Native American children the rights to which they are entitled by the U.S. Constitution, the Goldwater Institute has joined the appeal...
article Southwest: Supreme Court Won’t Question Constitutionality of Indian Child Welfare Act
(Washington D.C.) -- The U.S. Supreme Court denied a petition filed by the Goldwater Institute of Arizona to examine the constitutionality of the Indian Child Welfare...

11/21/2017

article Supreme Court won't hear Arizona case on custody fight over tribal kids
(Washington D.C.) -- The Supreme Court has refused to hear an Arizona case that pitted a non-Indian mother and Indian father against one another in a fight for custody...

11/5/2017

article Supreme Court refuses to hear Colorado River Indian Tribe custody case
(Washington D.C.) -- The Supreme Court has refused to hear an Arizona case that pitted a non-Indian mother and Indian father against one another in a fight for custody...

11/4/2017

article Attorneys General Should Stand Up for Native American Children
(Indian Country) -- Texas attorney general Ken Paxton’s lawsuit on behalf of a couple seeking to adopt Andy, a two-year-old foster child whom they’ve raised...

10/31/2017

article Supreme Court won’t hear Arizona case on custody fight over tribal kids
(Washington D.C.) -- The Supreme Court has refused to hear an Arizona case that pitted a non-Indian mother and Indian father against one another in a fight for custody...

10/30/2017

article Supreme Court won't take up race-based challenge to Indian Child Welfare Act
(Washington D.C.) -- Another conservative attack on the Indian Child Welfare Act has been rebuffed by the nation's highest court. Without comment, the U.S. Supreme...

10/29/2017

article Paxton Sues Feds Over Native American Adoption Law
(Texas) -- The Texas attorney general has sued the federal government, seeking to challenge the Indian Child Welfare Act designed to prevent Native American children...

10/27/2017

article Ken Paxton challenges legality of Indian child adoption law
(Texas) -- Attorney General Ken Paxton, jumping into a national push by conservatives to overturn a law designed to keep Native American children from being separated...

10/26/2017

article Attorney General Ken Paxton suing Indian Child Welfare Act
(Texas) -- Texas' attorney general has filed a lawsuit against the federal government Thursday "to protect the best interest of Texas children." Attorney General Ken...

10/11/2017

article Minnesota Parents File Suit Over Tribal Court Custody Cases
(Minnesota) -- Some Minnesota parents are banding together to try and change state policy when it comes to custody of American Indian children. They say Minnesota is not...

9/22/2017

article ‘She’s Our Daughter’: Couple Blocked From Adopting Girl Fights For Parental Rights
(Minnesota) -- A Minneapolis couple says they are trying to give a 6-year-old girl a better life, but tribal law is preventing that from happening. Jason and Danielle...

9/5/2017

article New court aims to keep Native American foster kids connected to family, culture
(Montana) -- Bonnie Littlesun is raising eight children, all but one of whom are her grandkids, and she wouldn’t have it any other way. “They’re crazy...

8/19/2017

article BLOG: PLF urges Supreme Court to review constitutionality of the Indian Child Welfare Act
(Washington D.C.) -- PLF filed this friend of the court brief at the Supreme Court today, urging the Court to take Goldwater Institute‘s challenge to the Indian...

8/11/2017

article Conference focuses on Indian Child Welfare Act
(Mississippi) -- On a day designed to help Mississippi child protection professionals, judges and other service providers understand the Indian Child Welfare Act,...

8/10/2017

article Conference focuses on Indian Child Welfare Act
(Mississippi) -- On a day designed to help Mississippi child protection professionals, judges and other service providers understand the Indian Child Welfare Act,...

8/7/2017

article Indian Child Welfare Act Conference set for Thursday at Choctaw
(Oklahoma) -- The seventh annual Indian Child Welfare Act Conference is scheduled Thursday at the Silver Star Convention Center at Choctaw. Tribal leaders and as many as...

8/2/2017

article Our View: Law meant to protect tribal kids could put them in harm’s way
(Arizona) -- An odd child custody case involving a local family could have nationwide implications. Lake Havasu City attorney Brad Rideout, working with the Arizona-...

7/25/2017

article Justices Asked To Weigh Indian Family Law In Custody Battle [sub req]
(Washington D.C.) -- The conservative Goldwater Institute has asked the U.S. Supreme Court to weigh a federal law to protect Indian families that it says doesn’t...

7/21/2017

article U.S. Supreme Court asked to weigh Havasu lawyer’s case
(Arizona) -- Two La Paz County children could be the subject of a hearing in the U.S. Supreme Court. The children, ages 15 and 17, were the center of a 2016 custody...

6/23/2017

article Tribal child welfare vetted in wake of state investigation, grand jury report
(California) -- A significant portion of the child abuse and neglect reports that the Humboldt County grand jury states have been falling through the cracks because of...

6/22/2017

article PEMBER: How the Indian Child Welfare Act Preserves and Strengthens American Indian Families
(Wisconsin) -- To this day, I have no idea what made me call my tribal Indian Child Welfare Act (ICWA) office back in January 2005. “No, there are no children who...

6/20/2017

article Intercession of tribes limited during adoption of Native children
(Arizona) -- The ability of tribes to intercede in the adoption of Native American children not living on the reservation is limited and not absolute, the Arizona...

6/17/2017

article Arizona court rules against tribe in girl's adoption
(Arizona) -- The Arizona Supreme Court has ruled in favor of a couple trying to adopt a Native American girl despite protests from a tribe over a decades-old act that...

6/16/2017

article Arizona Supreme Court Clears Way For Adoption of American Indian Child by Non-Native Parents
(Arizona) -- In considering the rights of Native American foster children, should the emphasis be placed on their status as Native Americans or as children?

6/15/2017

article Arizona Supreme Court: Tribal rights in adoptions not absolute
(Arizona) -- The ability of tribes to intercede in adoption of Native American children not living on the reservation is limited and not absolute, the Arizona Supreme...

6/14/2017

article Arizona Supreme Court ruling allows non-Native American couple to adopt Native child
(Arizona) -- A non-Native American couple can adopt a Native American child,the state Supreme Court decided Tuesday in a ruling that clarifies the limits of a federal...

6/13/2017

article Arizona court rules against tribe in girl's adoption
(Arizona) -- The Arizona Supreme Court has ruled in favor of a couple trying to adopt a Native American girl despite protests from a tribe over a decades-old act that...
article Arizona Supreme Court limits right of tribes to intercede in adoption cases
(Arizona) -- The ability of tribes to intercede in the adoption of Native American children not living on the reservation is limited and not absolute, the Arizona...

6/1/2017

article Christians Only: The New Anti-Native Adoption Law in Texas
(Texas) -- Texas, following South Dakota, has passed a law that will enable adoption services to refuse adoptions to non-Christians. The new law travels under the...

4/17/2017

article Indian community attorneys argue before AZ Supreme Court to protect Indian children
(Arizona) -- Attorneys for the Gila River Indian Community this morning made oral arguments before the Arizona Supreme Court in a controversial case involving which...

4/13/2017

article A Right-Wing Think Tank Is Trying to Bring Down the Indian Child Welfare Act. Why?
(Arizona) -- On the wall above his desk, attorney Timothy Sandefur keeps a copy of The Liberator, a 186-year-old abolitionist newspaper that features an etching of a...

4/5/2017

article A Right-Wing Think Tank Is Trying to Bring Down the Indian Child Welfare Act. Why?
(Arizona) -- On the wall above his desk, attorney Timothy Sandefur keeps a copy of The Liberator, a 186-year-old abolitionist newspaper that features an etching of a...

4/1/2017

article Attorney general: compliance with tribal child custody law a ‘priority’
(California) -- A coalition of California tribal governments, including two from the North Coast, say the state has taken a ‘monumental’ step toward...

3/31/2017

article Butte County sees upsurge in Indian Child Welfare Act cases
(South Dakota) -- Butte County State’s Attorney Cassie Wendt presented to the Butte County Commission during its March 21 meeting, delineating to the commission...

3/20/2017

article Federal judge throws out Arizona challenge to Indian Child Welfare Act
(Arizona) -- A judge has thrown out a challenge to a federal law that critics claim is racist because it places the desires and rights of Native American tribes over the...
article Federal Law Will Stand Despite Challenge That It Places Tribal Interest Over Children's Safety
(Arizona) -- A federal judge has thrown out a challenge to a nearly 40-year old law originally written to re-unite Native American children with tribal relatives. Two...

3/18/2017

article Judge upholds tribal rights in adoptions
(Arizona) -- A federal judge has thrown out a bid to void federal laws that challengers claim is racist because it places the desires and rights of Native American...

3/17/2017

article Federal court finds no child endangered by Indian adoption law
(Arizona) -- A federal judge threw out a bid March 16 to void federal laws that challengers claim is racist because it places the desires and rights of Native American...

3/13/2017

article HANNEL: Skirting the Indian Child Welfare Act Is a Lucrative Business
(USA) -- Removal of Indian children from their homes appears to be a lucrative business in South Dakota, to the tune of “almost a hundred million dollars a year,...

3/12/2017

article Skirting the Indian Child Welfare Act Is a Lucrative Business
(South Dakota) -- Removal of Indian children from their homes appears to be a lucrative business in South Dakota, to the tune of “almost a hundred million dollars...

3/3/2017

article Opinion: Centuries Old Practice of Removing Indian Children From Their Homes Continues Despite ICWA
(South Dakota) -- On January 22, 1818, the House Committee on Indian Affairs reported that Indian children “will grow up in habits of morality and industry…...

2/28/2017

article South Dakota Child Welfare: Where Kangaroo Court Is Always in Session
(South Dakota) -- Of all the crimes against children committed in the name of “child protection,” none is worse than when white America weaponized child...

2/22/2017

article In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings
(South Dakota) -- During the mid-1970s, Congress confirmed what Indian tribes had been saying for decades: State and local social workers and judges were aggressively...
article Petition granted: Gila River Indian Community will argue before Arizona Supreme Court to protect indian children
(Arizona) -- The Arizona Supreme Court has granted the petition for review filed by attorneys for the Gila River Indian Community, giving the Community the opportunity...

2/12/2017

article Indian Child Welfare and Wellness conference to be held Feb. 22-24
(North Dakota) -- The Indian Child Welfare and Wellness Conference will be held Feb. 22-24 at the Baymont Inn and Suites in Mandan.

2/3/2017

article A hope for change: Indian Child Welfare Court aims for better outcomes for Native American families
(Minnesota) -- Samantha Jackson balanced her 9-month-old baby, Elias, carefully on her lap inside 6th Judicial District Judge Sally Tarnowski's courtroom one January...

1/28/2017

article Indian Child Welfare Court in Duluth aims for better outcomes for Native American families
(Minnesota) -- Samantha Jackson balanced her 9-month-old baby, Elias, carefully on her lap inside 6th Judicial District Judge Sally Tarnowski's courtroom one January...

1/17/2017

article Lakota Country Times: Historic decision for Indian Child Welfare Act
(South Dakota) -- In a case that has national implications for how state courts are supposed to conduct 48-hour custody hearings involving Native American children a...
article State, county officials appeal ruling on Native children case
(South Dakota) -- South Dakota and Pennington County officials filed an appeal Friday challenging U.S. District Court rulings that ordered changes in their handling of...

1/11/2017

article ICWA: Supreme Court Denies Hearing in Lexi Case
(Washington D.C.) -- On Monday, January 9, the United States Supreme Court refused to hear the In re Alexandria P. case (also known as “Lexi”) in which non-...
article SCOTUS turns down Indian Child Welfare Act challenge brought by foster parents of Choctaw girl
(Washington D.C.) -- The U.S. Supreme Court declined on Monday to hear a foster family’s challenge to the adoption of their former foster daughter under the Indian...

1/10/2017

article Supreme Court won't hear American Indian girl's custody case
(Washington D.C.) -- Family members said Monday they were disappointed that the U.S. Supreme Court declined to hear a case involving their former foster daughter, a girl...

1/9/2017

article Supreme Court declines petition in Indian Child Welfare Act case
(Washington D.C.) -- Tribes can breath a sigh of relief now that the U.S. Supreme Court has refused to hear a high-profile Indian Child Welfare Act case. Without comment...
article Supreme Court won't hear Native American girl's custody case
(Washington D.C.) -- Family members said Monday they were disappointed that the U.S. Supreme Court has declined to hear a case involving their former foster daughter, a...
article YELLOW JOURNALISM: Supremes divide family, little Indian girl permanently
(Washington D.C.) -- U.S. Supreme Court justices on Monday made permanent a divide between a potential adoptive family and a little girl whose biological family had...

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