ICWA was passed in 1978, in an effort to put an end to the long history of states forcibly placing Native children with white families or sending Native children to abusive boarding schools. Following the passage of ICWA, states were required to err on the side of placing Native children with Native families in cases of adoption and to follow a series of procedural rules in cases where authorities feel there is no choice but to break up a Native family.
In 2017, Texas filed Brackeen v. Bernhardt, challenging the federal government’s regulation of states’ treatment of Native children in foster care or up for adoption. Texas was joined by three non-Native families, including the Brackeens, who were seeking to adopt Native children. (Some of the Native children had Native relatives who sought custody.)
In Brackeen, Texas has mounted nothing less than a frontal attack on the entire corpus of federal law that governs Indian affairs today.
The Necessity of the Indian Child Welfare Act - The Atlantic
Apparently, some whites feel they are discriminated against because they are not allowed to adopt Indian children. I guess there is no end to what this Court is capable of.
In 2017, Texas filed Brackeen v. Bernhardt, challenging the federal government’s regulation of states’ treatment of Native children in foster care or up for adoption. Texas was joined by three non-Native families, including the Brackeens, who were seeking to adopt Native children. (Some of the Native children had Native relatives who sought custody.)
In Brackeen, Texas has mounted nothing less than a frontal attack on the entire corpus of federal law that governs Indian affairs today.
The Necessity of the Indian Child Welfare Act - The Atlantic
Apparently, some whites feel they are discriminated against because they are not allowed to adopt Indian children. I guess there is no end to what this Court is capable of.
