Indian Child Welfare Act

 
Written by Noah Grider



For this weeks blog discussion post I decided to pick a topic that involved the rights and protections of native american children and families. The Indian and Child Welfare Act of 1978 was set in place to help place native american children into foster homes while not breaking them up with there tribal communities and reservations. In a news report that I found on stateline.com, this passed measure through congress could possibly be heading to the supreme court, as they are saying it is discriminatory and was meant to assimilate natives into "white culture".

The goal of this overturning rule would incorporate native children in families that are non-native or tribunal, as what I have read. I find this extremely interesting because it is trying to bring about more diversity and assimilation into the new age of the United States. Hundreds of members from reservations and tribes strongly appose the law suit taking place. One Native American who was interviewed said that "it threatens the sovereignty of Indian Country and seeks to “return Indian children to the arbitrary and discriminatory whims of state courts and state agencies".

While I understand why this measure is trying to be overturned, it is the public pushing this issue. Not the native american communities. In my belief, if they want to keep things the same, I believe they should have that right. Just because the native people of this land do not want there children assimilating into different kinds of families whether they be black, white, Hispanic, is solely there choice on how they want to raise their children.

Even though this is a federal law, it would not overturn state laws regarding this issue. 13 states have laws regarding foster care when it comes to native children, and they would be able to do as they please. Another big argument revolving around this issue is that native american children are United States citizens. They are under the equal protection of the law just as everyone else is. Most native lands and sanctuaries want nothing to do with United States law, and that is why so many members of communities are opposing this issue.

Another issue that is brought to light regarding the law suit is how the United States Government represents the native american community. Advocates for the law suit are arguing that the use of the word "Indian" when referring to Native Americans is racially insulting. The native american community has sad that the use of the word "Indian" is for political purposes rather than racial ones. The supreme court also agreed with this decision in 1974. They stated that "“preference is political, rather than racial in nature".

The Cherokee nation would further step in on this issue and defend the law from 1978. The head of the Cherokee nation stated that ""I vow, as the Principal Chief of @CherokeeNation , that we will continue to devote the necessary resources to defending this most important law". They believe that the law protects the children more than causing harm. They believe that having this law is an essential part in keeping there culture so close together, and without it things would begin to dwindle down to the ground.

Now that we have some background on what this law suit would do to the native american community, I would like to talk bout my feelings toward the issue and if it is legitimate or not. In today's day and age, groups from all over like to pick out every single law and regulation and say that it is discriminatory and harmful in so many ways. Take this issue, for example. Native Americans are simply asking that there children be adopted by native american ancestry, not by strangers. I believe that this a just and fair argument that they are having. They are not saying they don't like whites, blacks, hispanics etc, they are simply saying that they want to have there cultural beliefs and values protected since they are so many few Native Americans left all around of the world. If this is how the Native American community wants it to be, I believe they have the right to keep it that way. The endangerment that this law "supposedly causes" is not factual and simply just a voice of opinion. The supreme court plans on hearing this issue in the nearby future. This law suit was filed months ago but is finally heading to a federal appellate court which has a strong leaning conservative view, according to my article source. I am leaning in the favor of the Native American community because I believe they are entitled to have something as simple as this. After all the United States has done to there people over the course of hundreds of years, nothing can ever repay all the true evil that happened.




Source:
https://www.indianz.com/News/2019/03/19/stateline-indian-child-welfare-act-likel.asp

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