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Racial discrimination

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Pepperdine University

2023

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The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell Jul 2023

The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell

Journal of the National Association of Administrative Law Judiciary

The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …