Native American Rights Fund

Challenging the Indian Child Welfare Act: Colorblind racism, whiteness as property, and the legal architecture of settler colonialism

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Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). Find more information and a link to the full Law & Society Review article via the National Indian Law Library catalog.

Tribes are ‘decolonizing’ child welfare practices, national researchers find

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A guiding principle of state and federal laws governing child abuse and neglect cases is that foster homes must be safe, comfortable and respectful in order to serve children’s “best interests.” The Agua Caliente Band of Cahuilla Indians has expanded that legal definition — requiring that children attend cultural events and learn their Native language.  Read the … Read more

Colorado among growing number of states aiming to strengthen local ICWA laws that protect tribal children and families

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Brittani Lopez cuddled her 15-month-old daughter while testifying at a virtual hearing before the Colorado state Legislature earlier this year.  Elizabeth, who spent her early months in the child welfare system, wore a pink onesie and tugged at her Sicangu Lakota mother’s long porcupine-quill earrings as Lopez urged lawmakers to improve Colorado’s Indian Child Welfare Act (ICWA). … Read more

Despite opposition, Montana legislator advances two priority bills from American Indian caucus

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Two priority bills for the Montana Legislature’s American Indian Caucus are back in play after strategic moves last week by Sen. Jonathan Windy Boy, a Democrat from Box Elder. While the bills were previously voted down in Senate committees, Windy Boy on Feb. 21 brought motions to revive legislation to update and extend Montana’s Indian Child … Read more

Native American Child Protection Act

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The Native American Child Protection Act became Public Law No: 118-160 on 12/23/2024. This act revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the act revises the Indian Child Abuse Treatment Grant Program to encourage the use of … Read more

What the Indian Child Welfare Act means for tribal sovereignty

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The Indian Child Welfare Act of 1978 (ICWA) has been considered the “gold standard” of child welfare best practice from experts in the field. This is because it requires active efforts to keep children safe in their homes and connected to their families, communities, and culture. For the past 46 years, ICWA has stood as a powerful force in … Read more

Minnesotans rally on state Supreme Court steps to protest latest challenge to the Indian Child Welfare Act

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Amid drums, smudging and chants to “bring our children home,” supporters of the Indian Child Welfare Act gathered early this morning outside the Minnesota Capitol building, as the state’s highest court considered the latest legal threat to the bedrock 1978 law.  Read the full article at the Imprint’s website.