Native America Calling: The Indian Child Welfare Act since Brackeen v. Haaland

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Wednesday, September 4, 2024

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ICWA since Brackeen v. Haaland

Since the U.S. Supreme Court’s decisive confirmation of the Indian Child Welfare Act two years ago in Brackeen v. Haaland, the law has seen victories and challenges.

In a win for tribal sovereignty, a decision by the California Supreme Court requires state case workers to make more of an effort to ascertain a foster child’s Native identity status. Congress is considering a bill that would strengthen state-by-state compliance with the 45-year-old law.

And the investigative new outlet Reveal explores questions about how a Utah public official was able to adopt a Northern Cheyenne child without ever triggering the standard ICWA process.

A Native woman holds a sign reading “Stop Colonizers: Protect ICWA” on the steps of the U.S. Supreme Court as the justices hear arguments in an Indian Child Welfare Act case on November 9, 2022. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Guests on Native America Calling

Nancy Marie Spears (citizen of the Cherokee Nation), Indigenous Child and Families Reporter for The Imprint

Gary Valenzuela (Coastal Band of Chumash), biological father of adopted child in Reveal episode, “A Baby Adopted, A Family Divided”

Bernice Yeung, managing editor of UC Berkeley’s Graduate School of Journalism Investigative Reporting Program and co-reporter of Reveal episode, “A Baby Adopted, A Family Divided”

Kimberly Cluff, legal director for the California Tribal Families Coalition