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BREAKING NEWS: The Supreme Court Upholds ICWA - Press Release

June 15, 2023
BREAKING NEWS: In a momentous decision, the Supreme Court has upheld the Indian Child Welfare Act (ICWA)! Enacted in 1978, this longstanding legislation has played a crucial role in safeguarding the welfare of Native children and families. By placing emphasis on prioritizing the placement of Native American children with Native families or tribes during legal proceedings, ICWA embodies the fundamental principles of family reunification and respect for tribal sovereignty.

ICWA has been a key step in addressing centuries of severe discriminatory practices. In particular, this legislation focuses on rectifying the late 19th century practice of forced removal of thousands of Native children to boarding “schools" where they were suffered atrocities, such as forced abandonment of their Native American families and identities, indentured servitude, insufficient food, overcrowded dorms, and substandard medical care.

At CLM, we firmly stand with Native tribes and are committed to advocating for the rights of Native communities. We are proud that the Supreme Court has exercised justice by remaining a proponent of tribal sovereignty.

Last updated June 15, 2023

Please see below for CLM's previous statement on ICWA:

The Children’s League of Massachusetts (CLM) stands with tribes, Native American rights activists, youth advocates, child welfare experts, and partners in urging the Supreme Court to uphold the constitutionality of the Indian Child Welfare Act (ICWA). Oral arguments for Brakeen v. Haaland begin on November 9.

At a larger policy level, ICWA represents respect for the sovereignty of tribal nations and a step toward actively reforming the practices of cultural genocide perpetuated by the Indian boarding school system that sought to destroy Native communities by erasing their children’s identities. The legal threat to ICWA is also seen as an opening to undermine tribal sovereignty in other aspects of government relations, such as land rights.

Central to the Brakeen case is ICWA’s requirement that child welfare agencies engage in “active efforts” to prevent a Native American family’s breakup and to promote reunification. With heightened emphasis on family preservation and kinship, ICWA mandates that tribes be notified and included in children’s legal proceedings and state and tribal child welfare agencies take clear steps to keep children connected to their families and tribes when a Native American child is removed from their home for abuse or neglect. These steps include prioritizing placement with relatives, a Native American family, or a setting approved by the child’s tribe.

The Massachusetts Department of Children and Families FY2021 annual report shows that while overall a small number of Native children and families enter the DCF system each year, they are over-represented when compared to the general Native population in the Commonwealth. Native children in Massachusetts are nearly twice as likely to be placed out-of-home than white children, they experience the second highest average number of placement moves, and their average length of stay in placement is more than double any other racial or ethnic category. Data from a national study of child protective services (CPS) showed that from 2014-2018 Native children in Middlesex County, MA had among the highest cumulative risk for CPS involvement in the nation.

Read CLM's full press release in support of ICWA.

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