PHOENIX — The Supreme Court has preserved a federal law giving preference to Native American families when it comes to adopting Native children in foster care. The court’s 7-2 ruling Thursday leaves in place the 1978 Indian Child Welfare Act, which aims to reverse centuries of government-sanctioned efforts to weaken tribal identity by separating Native American children from their families and raising them outside their tribal cultures.
Here are some things to know about the law and the issues around it:
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WHAT WAS PURPOSE OF THE 1978 INDIAN CHILD WELFARE ACT?
The law requires states to notify tribes when adoption cases involve their members or children eligible for tribal membership, and to try to place them with their extended family, their tribe or other Native American families. It was enacted to address historic injustices: Before the law took effect, between 25% and 35% of Native American children were being taken from their families and placed with adoptive families, in foster care or in institutions. The majority were placed with white families or in boarding schools in attempts to assimilate them. A series of scandals involving the long-closed boarding schools shed light on government-sanctioned efforts to wipe out Native culture by cutting their hair and forbidding them from speaking their languages.
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HOW ARE TRIBAL LEADERS REACTING?
U.S. Interior Secretary Deb Haaland speaks during a “Road to Healing” event, Jan. 20, 2023, at the Gila Crossing Community School in Laveen, Ariz. Haaland, a member of the Pueblo of Laguna, is the first Native American cabinet secretary. Her name is on the case arguing in favor of the Indian Child Welfare Act, that was upheld 7-2 by the U.S. Supreme Court on Thursday, June 15. Credit: AP/Matt York
Native American leaders are celebrating the ruling as a huge win. A joint statement by Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Charles Martin, Oneida Nation Chairman Tehassi…
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