8.5 Human Services and Child Welfare
Indian Child Welfare Act (ICWA)
In November 2022, the Supreme Court of the United States heard arguments in Haaland v. Brackeen, which challenged the constitutionality of the Indian Child Welfare Act (ICWA). Watch the video in figure 8.6 for a quick overview of the main arguments of the case. As of this writing, the court has not issued a ruling in the case. If the court strikes down portions of the law, this could have serious ramifications, not only in terms of the well-being of Native American and Native Alaskan (NA/AN) children and families, but for a broad slate of issues related to tribal sovereignty.
https://www.youtube.com/watch?v=vi_7TmjAjL0&t=22s
The practice of removing NA/AN children from their families and placing them in boarding schools and with non-Indian families had its roots in the assimilationist policies of the U.S. government. The government sought to “Americanize” NA/AN children, who were considered by White Americans to be “uncivilized.” Over more than a century of Indian removal policies, the territory held by sovereign NA/NA people was significantly reduced, leaving many impoverished and vulnerable to illness and exploitation. Between 1819 and 1969, the United States operated or supported 408 boarding schools in 37 states or territories (Newland, 2022). Researchers are still trying to determine exactly how many children were removed from their families during this period.
We do know that by the time ICWA was enacted in 1978, 25 to 35% of all NA/AN children had been removed from their homes by state child welfare agencies, and of these, 85% were placed in homes outside of their communities. During the 1950s, ’60s, and early ’70s, more than 80% of NA/AN families had children removed from their homes by the government (Native American Rights Fund [NARF], 2007). In contrast, in 2020, the total number of removals for all children in the U.S was .03% (ACEF, 2022).
ICWA was considered to be a major advancement for tribal sovereignty and self-determination. Casey Family Programs (CFP), one of 26 child welfare and adoption agencies who filed a brief in support of ICWA (CFP, 2022), asserted that the principles of family preservation that ICWA advances are a gold standard in child welfare for all children and families (CFP, 2022). In CFP’s strategy brief, Strong Families, these principles include acknowledging and protecting children’s rights to be connected to their families, supporting efforts to preserve and reunify families, valuing inclusive and diverse cultural practices, and prioritizing authentic tribal engagement.
CFP’s strategy brief reflects a significant trend in the child welfare field toward family preservation and reunification. In 2018, the Family First Prevention Services Act codified this shift by providing prevention funds for mental health services, substance use treatment, and skills training for parents. According to the Children’s Bureau, which is part of the Administratio