The law is being challenged by three states and seven individuals, who say it does not focus solely on what's best for the child.
, other Native Americans or a tribe. The act was intended to stop past practices in which hundreds of thousands of Native American children were removed from their homes by adoption agencies and placed with White families or in group settings.Story continues below advertisement
“We know the importance of keeping our children connected with their families, communities, and heritage. ICWA has proven itself as the gold standard of child welfare law, which is why both Republican and Democratic administrations, tribes and tribal organizations, and child welfare experts continue to defend it,” Cherokee Nation Principal Chief Chuck Hoskin Jr. and three other tribal leaders said in a statement.
Non-Indian adoptive parents end up “last in line to adopt an Indian child,” the filing said, behind a member of the child’s extended family, other members of the child’s tribe and other families “from any one of the other 573 Indian tribes, regardless of whether the tribe has any connection to the child.”
Louisiana and Indiana are also among the challengers. The law is being defended by the Biden administration and tribal leaders. All sides asked the Supreme Court to get involved after the entire U.S. Court of Appeals for the 5th Circuit delivered a 325-page ruling on the law that split evenly on some issues and included opinions from six judges.In a high-profile 2013 case, the Supreme Court ruled 5 to 4 that the ICWA did not command that a child who became known as “Baby Veronica” must remain with her birth father, a member of a tribe, after the child was given up before birth.
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