Tuesday, 7 July 2015

Backlash Against Indian Child Welfare Act Gains

It would be naïve to think that the many gains towards a full and consistent implementation of the Indian Child Welfare Act (ICWA) would go without challenge. ICWA has faced hostility from its inception, and some state courts have been reluctant to fully abide by its binding provisions—thus, the creation of the so-called “existing Indian family exception”—a  judicially created exception that is counter to the plain language of ICWA—that allowed state courts to determine whether to apply the Act or not.

And so it is that a class-action law suit has been announced. The Goldwater Institute is filing a lawsuit planning to challenge ICWA as being a “race-based law that discriminates against American Indian and Alaskan Natives” according to  Native Newsline Online.

In a season of many unprecedented and long-overdue gains for ICWA, this backlash should not have been unexpected. 

No comments :