The Native American Rights Fund is committed to the well-being of Native American children and their families.
To that end, we have created this website to help you find resources related to the welfare of our youngest tribal citizens. It includes information about the Indian Child Welfare Act (ICWA) and how to implement it correctly, federal and state laws and regulations, case updates and materials, and the latest news and resources related to the welfare of Native children and families.
We hope that you find these materials useful and we invite you to contact us at email@example.com.
Featured: Brackeen v. Haaland (5th Circ.)
(April 6, 2021) – Today, the United States Fifth Circuit Court of Appeals published its en banc decision in Brackeen v. Haaland, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA). While the Protect ICWA Campaign is pleased to see that the court recognized that ICWA generally is within Congress’s authority, we are deeply concerned that aspects of this opinion misunderstand the unique relationship between the United States and tribal nations. The opinion is 325 pages long, and given its length and complexity, we are still analyzing the decision and will provide further information in the coming days. ICWA is in the best interest of Indian children and families, and we are firmly committed to protecting the law.
Read the full decision here: https://narf.org/nill/documents/20210406brackeen-opinion5th.pdf.
To see how the Brackeen decision may affect your ongoing ICWA case, see the Brackeen v. Haaland Decision Tree (also at right).
An Introduction to the Indian Child Welfare Act
The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 protecting the well-being and best interests of Indian children and families by upholding family integrity and stability and keeping Indian children connected to their community and culture. It is widely recognized as following best practices and being the gold standard in in the field of child welfare.
ICWA also reaffirms the inherent rights of tribal nations to be involved in child welfare matters involving their citizens and advocate for the best interest of their tribal members. Because of its strong foundation, many states have enacted similar state legislation to protect Native American families in their community. Learn more about how we are defending the law that defends our children in our Summer/Fall 2019 issue of the NARF Legal Review.
RELATED CONTENT COMING SOON:
LATEST NEWS FROM ICWA INFO:
- The Supreme Court of Washington’s Broad Interpretation of the “Reason To Know” Standard in In Re Dependency of Z.J.G. and Why a Uniform, Broad Interpretation of the Standard Will Lead to Better OutcomesRead the full law review article in the American Indian Law Review.
- Matter of D.A., September 9, 2021 (Court of Appeals of Oregon.)Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
- Interest of K.B., September 9, 2021 (Supreme Court of North Dakota.)Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.
- Tribes file cert petition defending Indian Child Welfare Act before Supreme CourtOn September 3, four tribes and the United States Solicitor General filed cert petitions with the U.S. Supreme Court in Brackeen v. Haaland, defending the Indian Child Welfare Act (ICWA) and its constitutionality. …
- Notice of Information Collection, Request for Comment: Tribal Reassumption of Jurisdiction Over Child Custody Proceedings, Secretarial Elections, Bureau of Indian Affairs Housing Improvement ProgramRead the full federal register entry at the National Indian Law Library website.
- In the Matter of A.L., August 27, 2021 (Supreme Court of North Carolina.)Legal Topics: Indian Child Welfare Act Read the full decision at the National Indian Law Library website.