A collection of The Imprint’s coverage of Brackeen v. Haaland, a case that could decide the future of the Indian Child Welfare Act

In Prayer and Protest, People of Indian Country Gather Outside the Supreme Court to Defend the Indian Child Welfare Act

11/9/2022

In Prayer and Protest, People of Indian Country Gather Outside the Supreme Court to Defend the Indian Child Welfare Act

Demonstrators gathered at the Supreme Court today to voice support for the Indian Child Welfare Act as the 44-year-old law is challenged.

11/9/2022

Supreme Court Probes Constitutionality of Indian Child Welfare Act

Members of the United States Supreme Court
In an hours-long hearing today, the Supreme Court pressed attorneys about whether a 44-year-old law to shield Indigenous children and families from unjust separations goes beyond the power of Congress to regulate federally recognized tribes. 

10/31/2022

The Fate of Indian Child Welfare Before the Supreme Court: Race, Commerce and Commandeering

What you need to know to follow the arguments in next week's Supreme Court case over the fate of the Indian Child Welfare Act

ICWA

11/7/2022

Understanding ICWA Part 4: What’s At Stake in Brackeen v. Haaland

The number of youth in foster care is below 400,000 for the first time in nearly a decade. On this week’s podcast, we break down the new data released by the Department of Health and Human Services, Florida’s ban on trans medicine for minors, and the worsening news out of Louisiana’s juvenile justice system.

Podcast

10/31/2022

Understanding ICWA Part 3: Placement Preferences, with Chrissi Ross Nimmo

On this week’s podcast we discuss a landmark case out of New York over the rights of biological parents, connecting homeless children to early childhood programs, a federal end-around on monitoring unaccompanied minors, an AI Bill of Rights, and the placement preferences required by ICWA.

Podcast

10/24/2022

Understanding ICWA Part 2: Qualified Expert Witnesses, with Tara Reynon

On this week’s podcast we discuss Maine’s legislature suing its child welfare agency over fatality records, the Angola transfer begins in Louisiana, and what low-income families used the enhanced child tax credit for.

Podcast

10/17/2022

Understanding ICWA Part 1: Active Efforts, with Shannon Smith

On this week’s podcast we discuss a scandal that sparked new mandated reporting laws, the Biden administration’s kinship care ideas, and a new adoption information system in Ireland.

Podcast
A Minnesota child custody case that began at the Hennepin County Juvenile Justice Center Reaches the Supreme Court

10/20/2022

How a Chippewa Grandmother’s Adoption Fight Ended Up in the U.S. Supreme Court

An untold story behind the Supreme Court case challenging the constitutionality of the Indian Child Welfare Act.

Supreme Court ICWA

10/18/2022

Why the Supreme Court Must Uphold the Indian Child Welfare Act 

The Supreme Court should uphold the federal law that protects the well-being of Native children by keeping them connected to their families, their tribes and their culture, the authors write.

Tribal Leaders Vow to Protect Native Families from Separation as Indian Child Welfare Law Heads to the Supreme Court

10/17/2022

Tribal Leaders Vow to Protect Their Families from Separation as Indian Child Welfare Law Heads to the Supreme Court

Tribal leaders emphasize the importance of the Indian Child Welfare Act ahead of oral arguments before the Supreme Court.

8/15/2022

Alaska State Law Codifies Child Welfare Protections for Indigenous Families

A new state law that took effect August 5 in Alaska aims to “address and improve deep structural inequities” in the state’s child welfare system — protecting residents should broader federal protections be overturned by a pending Supreme Court case.

Tribal Leaders Vow to Protect Native Families from Separation as Indian Child Welfare Law Heads to the Supreme Court

8/4/2022

Supreme Court Set to Consider Fate Of Indian Child Welfare Act in November

The Supreme Court will begin to hear oral arguments in a case that challenges the federal Indian Child Welfare Act in November.

8/3/2022

To All My Relations, ICWA Matters

Marshal Galvan reflects on the continued importance of the Indian Child Welfare Act, decades after its passage.

With ICWA Under Threat, More States Shore Up Laws to Protect Native Families from Foster Care Separation

4/6/2022

With ICWA Under Threat, More States Shore Up Laws to Protect Native Families from Foster Care Separation

With the Indian Child Welfare Act facing a Supreme Court challenge, states have enacted their own versions to protect Indigenous families from separation.

Supreme Court ICWA

3/1/2022

New Mexico Could Enact Indian Families Protection Act

While the U.S. Supreme Court will hear a case on the constitutionality of the federal Indian Child Welfare Act, New Mexico has a similar bill on the governor's desk.

3/14/2022

The Indian Child Welfare Act: What’s At Stake with Brackeen v. Haaland

We discuss the latest developments in the fight in Texas over Gov. Greg Abbott’s directive to treat medical services for transgender youth as abuse, a major lawsuit over sexual abuse in L.A.’s

Podcast
Supreme Court Will Hear Indian Child Welfare Act Case

2/28/2022

Supreme Court Will Hear Indian Child Welfare Act Case

The U.S. Supreme Court has agreed to hear a case on the constitutionality of the Indian Child Welfare Act.

1/25/2022

Will Supreme Court Hear Challenge to Bedrock Law on Native American Families?

As the Canadian government pays out billions of dollars in reparations to Indigenous families torn apart by foster care, a case up for consideration by the U.S. Supreme Court threatens to strip legal protections from U.S.-born Native American children, families and tribal communities. 

2/13/2022

“Decolonization Is Only The Beginning”: Indigenous Child Welfare in Canada

On this week’s podcast we discuss what was on Senators’ minds during the confirmation hearing for Biden’s top child welfare officials; more federal scrutiny on for-profit colleges; and the human consequences of family court shutdowns during the coronavirus pandemic.

Podcast
Supreme Court Set to Decide Whether to Take Up Indian Child Welfare Case

1/6/2022

Supreme Court Set to Decide Whether to Take Up Indian Child Welfare Case

The U.S. Supreme Court could decide by the end of the week whether to take up a case involving the rights of Indigenous tribes and families in child welfare cases — an area of law that was thrown into confusion when a federal appeals court invalidated several provisions of the Indian Child Welfare Act, or ICWA.

Supreme Court ICWA

11/8/2021

Led by California Attorney General, 25 States Urge Supreme Court to Validate Indian Child Welfare Act

Last month, 25 states urged the U.S. Supreme Court to uphold the constitutionality of the Indian Child Welfare Act, which was signed into law 43 years ago this week.

Memorial March to Honor Lost Children banner

9/8/2021

Both Sides Ask Supreme Court to Decide Fate of Indian Child Welfare Act

Parties on both sides of a case over the constitutionality of the Indian Child Welfare Act have asked the Supreme Court to step in and decide.

4/11/2021

Is The Indian Child Welfare Act Headed Back to the Supreme Court?

On this week’s podcast we discuss a portal to federal aid for former foster youth; a big juvenile probation reform proposal in California; and new leadership at a pioneer group for elevating parent voice in child welfare. 

Podcast
Youth Services Insider
Supreme Court Set to Decide Whether to Take Up Indian Child Welfare Case

4/8/2021

Federal Court Ruling on Indian Child Welfare Act Goes in Several Directions

Photo: iStockphoto
In a complex ruling that seems destined for the highest court in the land, the Fifth Circuit Court of Appeals went in several directions on the fate of the Indian Child Welfare Act (ICWA), which was passed in the 1970s at a time when between a quarter and a third of all Native children were being removed from their families. 

Supreme Court Set to Decide Whether to Take Up Indian Child Welfare Case

3/11/2021

New Mexico House Passes State Indian Child Welfare Act

Photo: iStockphoto
New Mexico lawmakers took a step this week toward further ensuring the rights of the state’s Native American children who get caught up in the child welfare system. The State Indian Child Welfare Act measure, which passed the state House of Representatives on a vote of 53-15 on Monday, mostly mirrors federal legislation that passed in 1978, but it expands protections somewhat and ensures that even if the federal law is watered down in the future, the rights of New Mexico’s Indian children and families won’t wane.House

Supreme Court Set to Decide Whether to Take Up Indian Child Welfare Case

1/22/2020

Indian Child Welfare Act is Leading the Way on Child Welfare Practice

Child welfare is a complicated and varied system. Most people, who have not worked in the field of child protection, foster care and adoption — the child welfare system — are not familiar with the many services and practices involved.

11/8/2019

The Indian Child Welfare Act Turns 41

The Indian Child Welfare Act, a federal law outlining adoption and foster care regulations for American Indian/Alaska Native children in the United States, turns 41 on Nov. 8, 2019. ICWA, as the law is commonly known, has faced dozens of legal challenges over its lifetime and finds supporters and opponents both within and outside Native communities.

8/9/2019

Federal Law Protecting Indian Children and Families Will Stand

Today a federal circuit court reversed a lower court’s ruling by affirming the validity of the Indian Child Welfare Act (ICWA), a law passed in 1978 to protect Native American families and children when nearly a third of Indian children were being removed from their parents and placed mostly with white families.

12/4/2018

Federal Court Puts Indian Child Welfare Act Decision on Hold; Feds Join Appeal

The Fifth District Court of Appeals has issued a stay in the case involving an October federal district court decision that struck down the Indian Child Welfare Act (ICWA). The decision means that states must follow ICWA at least until the court has decided on the case.

10/11/2021

Families, Kids and Tribes: Rebecca Nagle on The Indian Child Welfare Act

On this week’s podcast we discuss new developments in the 2020 death of a teenager killed by staff at a Michigan residential center, state spending on post-permanency and the latest in The Imprint’s “Hidden Foster Care” series. 

Podcast
Youth Services Insider
Arizona Tribe Cements Relationship with State On Indian Child Welfare Custody Cases

11/30/2018

State Actions on Indian Child Welfare Act Since Federal Judge Struck It Down

As we reported last week, several tribes have appealed the recent ruling striking down the Indian Child Welfare Act (ICWA), and are asking the Fifth Circuit Court of Appeals to issue a stay on the lower court’s ruling until the appeal is decided on.

Youth Services Insider

11/21/2018

Tribes Appeal, Seek Stay on Indian Child Welfare Act Ruling; Feds Yet to Act

Several tribes have formally appealed last month’s decision in a federal district court that the 40-year-old Indian Child Welfare Act (ICWA) is in part unconstitutional. In Brackeen v. Zinke, U.S. District Judge Reed O’Connor ruled in favor of three states – Texas, Indiana and Louisiana – and several foster and adoptive couples, declaring that ICWA was a race-based law lacking a present-day articulation of its need.

11/5/2018

With Supreme Court Battle Over Native American Rights Looming, New Documentary Focuses on Removals of Native Children in Maine

While a court battle over a law meant to keep Native American families from being separated seems destined for the U.S. Supreme Court, a new documentary clearly depicts the horrific circumstances that often arise when states decide to remove Native children from their families.

10/17/2018

On Indian Child Welfare Act, Time for Critics and Supporters to Talk in Earnest

Two weeks ago, a U.S. District Court in Texas struck down large portions of the Indian Child Welfare Act (ICWA) as unconstitutional. People who believe ICWA treats children unfairly cheered the ruling, while others, who want to preserve the law, criticized it and vowed to fight back.

Youth Services Insider
Arizona Tribe Cements Relationship with State On Indian Child Welfare Custody Cases

10/10/2018

Tribes Will Seek Stay on Indian Child Welfare Act Ruling, Feds Response in Limbo

Late last week, a federal judge ruled that the Indian Child Welfare Act (ICWA) was unconstitutional, leaving in jeopardy a 40-year-old law meant to protect a tribe’s ability to prevent the removal of children from Indian reservations or families.

10/7/2018

Indian Child Welfare Act Under Fire: Federal Judge Strikes Down 40-Year-Old Law, Appeals Could Lead to Supreme Court

A federal judge has declared unconstitutional a 40-year-old law that was passed to protect against the separation of American Indian children from their families and tribes by state-run child welfare systems.