tribes

The Indian Child Welfare Act (ICWA) was a response to alarmingly high numbers of Indian children being unnecessarily removed from their families and communities. Congress understood the best interest of Indian children were not served by state and private agencies and state courts, and that led to exceedingly high numbers of out-of-home placements, many unnecessary, and inflicting long term damage to Indian children, families, and communities.

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.

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.