PRESS RELEASE
The California Tribal Families Coalition joined others nationwide in expressing disappointment over the ruling.
In an unprecedented ruling that threatens Native American children
and families, U.S. District Court Judge Reed O’Connor in the Northern
District of Texas declared the federal Indian Child Welfare Act (ICWA)
unconstitutional in an opinion in Brackeen et. al. v. Zinke, filed October 4, 2018.
While unnerving, attorneys fighting for ICWA say the decision is
not applicable throughout the United States. Rather, it is limited in
scope and will likely be stayed pending appeal. The decision from a U.S.
District Court in Texas is not applicable in California.
The Indian Child Welfare Act (ICWA) is a 40-year old remedial
statute that protects Indian children, families and tribes. The original
complaint was filed by adoptive parents and supported by Texas, Indiana
and Louisiana, and the decision is contrary to Congressional intent,
the Constitution and decades of well-established Indian law.
California Attorney General Xavier Becerra, leading a bipartisan
coalition of Attorneys General, filed an amicus brief in the case to
defend the ICWA. ICWA sets specific child welfare rules designed to
ensure that cases regarding abuse, neglect and adoption involving Native
American children are handled in a culturally appropriate manner.
“Those of us who were raised in Indian Country, those of us who
raise our children on the reservations, those of us who know Indian
families – we know that ICWA protects our children. This targeted and
well-financed attack on ICWA only reminds tribes of the long and
tortured history we have endured in the United States,” Robert Smith,
chairman of the California Tribal Families Coalition and the Pala Band
of Mission Indians.
About the California Tribal Families Coalition.
Comprised of tribes and tribal leaders from across the state, the
California Tribal Families Coalition’s mission is to promote and protect
the health, safety and welfare of tribal children and families, which
are inherent tribal governmental functions and are at the core of tribal
sovereignty and tribal governance. For information, please visit https://www.caltribalfamilies.org
Contact: Delia M. Sharpe, CTFC Executive Director, 916-583-8289 ordelia.sharpe@caltribalfamilies.org
California Tribal Families Coalition Press Release on Texas ICWA Caseby Matthew L.M. Fletcher |
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