Congressman Tom Cole (OK-04) and Representative Sharice Davids (KS-03), Co-Chairs of the Congressional Native American Caucus, released the following statement after the United States Supreme Court ruled in favor by a 7-2 vote to uphold the Indian Child Welfare Act (ICWA) and the law’s preference for Native tribes when Indian children are adopted. The ruling provides that the law does not discriminate on the basis of race and does not impose a federal mandate on states.
“Since 1978, the Indian Child Welfare Act has protected vulnerable children from being taken from their tribal communities and culture during custody or guardianship proceedings,” said the co-chairs. “This landmark decision rightly upholds protections for Native children and reaffirms the sovereign rights of tribal governments. We applaud the Supreme Court in rejecting these challenges and standing with Native American children and their right to remain in their own cultures.”
Background:
Established in 1978, ICWA instituted minimum federal standards for the removal of Native children from their families such as requiring state courts to notify tribes when these children are placed outside of their own reservation and created requirements for foster and adoption placements for Native children. Such requirements also included first preference be given to a member of the child’s extended family, then other members of the tribe, then a home with a different tribal family if the first two options were unavailable. Cole and Davids both previously joined members in signing onto bipartisan and bicameral amicus and en banc briefs defending ICWA’s constitutionality.
