"As a member of the Seneca Nation and having worked in the field of Indian child welfare for over 30 years, I'm familiar with the history behind the Indian Child Welfare Act of 1978 (ICWA). Today, ICWA has been increasingly in the media spotlight. Most recently, The Oklahoman cited its application in South Carolina's Baby Veronica custody case, characterizing it as creating “roadblocks” between Indian children and loving homes, and focused on an antiquated notion of race. I disagree.
The Indian Child Welfare Act is based upon the unique political status of American Indians, not upon race. This distinction is necessary to emphasize because much of today's dialogue falls prey to the trappings of racial debate, when in fact the law is rooted in Indian tribes' sovereign status, upheld and reaffirmed by more than 200 years of federal Indian law and the U.S. Supreme Court.
Second, the law doesn't place the rights of a tribe or concepts of cultural identity above the rights of a child. Rather, it's intended to balance the rights of Indian children, Indian parents and Indian tribes."
Get the Story:
Terry Cross:
Full compliance with Indian Child Welfare Act, not its dismantling, is needed
(The Oklahoman 7/20)
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