Indian Child Welfare Act

Because an alarming number of Indian children were removed from their homes and their tribes, in 1978 Congress enacted the Indian Child Welfare Act (ICWA),a federal law designed to protect Indian families from "abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster case placement." ICWA puts in place federal safeguards for the removal of Indian children from their homes to both protect the interests of Indian children, and gives Indian tribes a voice in the process.

 

Why Are These Indian Children Being Torn Away From Their Homes?

Why Are These Indian Children Being Torn Away From Their Homes?

By Stephen Pevar, Senior Staff Attorney, ACLU at 10:19am
Imagine entering family court and knowing that what's at stake is the person you hold most dear – your child. Now imagine having a judge tell you that he's removing your child from your custody, from your home. When you ask him why, the judge's replies, "I honestly can't tell you." The judge then signs an order giving custody of your son to Social Services.
How Being Separated From My Family and Tribe Affected Me

How Being Separated From My Family and Tribe Affected Me

By Jacqueline Davis, Activist at 10:57am

Today the Supreme Court will hear Adoptive Couple v. Baby Girl, a case about a South Carolina Indian girl who the South Carolina Supreme Court ruled that the child must be returned to her Indian father. The child's mother ignored the Indian Child Welfare…

An Important Victory for Indian Tribes

An Important Victory for Indian Tribes

By Peter Beauchamp, ACLU Racial Justice Program at 1:20pm

This week, the ACLU won an important battle on the road toward protecting the rights of American Indian children and their parents and tribes. Chief Judge Jeffrey L. Viken of South Dakota's federal District Court ruled that a lawsuit filed by the ACLU…

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