Matthew Fletcher, a law professor at the University of Michigan, where he teaches and writes about federal Indian law and American Indian tribal law, discusses the Indian Child Welfare Act and the U.S. Supreme Court case that could weaken this law, and Native American sovereignty
discriminated against them because of their race. The law was created and passed to equip tribal communities and nations with the power to intervene when their members become involved in child welfare cases, including requiring the government to do more to protect the child’s connection to their Indigenous community and culture by prioritizing placement with biological family members, tribal members or another tribal nation.
Although two of the three couples were granted full custody of the Native children they wanted to adopt, they say that ICWA made the adoption process unfairly difficult. Supporters of the law argue that the racial discrimination claim is patently false and worry that if the Supreme Court reverses any part of the law, it could have far-reaching implications for Indigenous sovereignty.
. He took some time to discuss ICWA, how it’s designed to work in protection of Indigenous communities, and how this case could impact Native American sovereignty.
At that point, if it’s a foster care situation or the child is removed for abuse or neglect, then the state has to provide procedural protections to the family. They have the right to testify in the hearing and present evidence, confront witnesses, they have the right to an attorney, things that did not exist for Indian people before 1978. If it’s a foster care situation, this is a long process and could go on for years.
At the hearing before termination of the parental rights, the Indian parents have a right to an attorney, and if they can’t afford one on their own, their tribe participates in that.
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