US Supreme Court Upholds ICWA Protections
On June 15, the Supreme Court upheld the Indian Child Welfare Act (ICWA) protections and reaffirmed tribal sovereignty in an overwhelming victory for Native children and families.
This decision also reaffirmed that Tribes are sovereign nations who have the power to govern and provide for their citizens, and that placement is not based on ethnicity, but rather as a citizen of a sovereign nation.
Native News Online said “The nation’s highest court found that ICWA does not discriminate on the basis of race and does not impose an undue burden on states. The court did not rule on the merits of two additional claims — an equal protection challenge to ICWA’s placement preferences and a challenge to ICWA’s provision allowing tribes to alter the placement preferences—because the Brackeens and other petitioners did not have standing to raise them.”
After an ongoing saga that began in 2016, Tribes across the nation now are assured that keeping Native children connected to their families, communities and culture is the legal priority for children who are enrolled or eligible to enroll in a Tribe.
Read the National Indian Child Welfare Association’s (NICWA) press release here.
Now Tribes can focus on active efforts and increasing state ICWA compliance. Handel is pleased to lend our support to Tribes and help generate data for the enforcement and assessment of ICWA.
We have proudly sponsored the National Indian Child Welfare Association and National American Indian Court Justice Association for years because we recognize the need of allies in this ever-important situation. We stand in celebration with Tribes across the nation.
Find out more about our ICWA Software for case management.