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Friday, February 22, 2019

Brackeen v. Bernhardt | National Native Organizations Respond

National Native Organizations Respond to Reply Briefs in Brackeen v. Bernhardt

Portland, Oregon

In reply briefs filed Tuesday with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, the United States and defendant tribal nations reaffirm the constitutionality of the Indian Child Welfare Act (ICWA).
The briefs also underscore why ICWA’s protections continue to be vital for Native children and families.
For over 40 years, ICWA has acknowledged the inherent right of tribal governments and the critical role they play to protect their member children and maintain the stability of families.
Brackeen v. Bernhardt is the lawsuit brought by Texas, Indiana, Louisiana, and individual plaintiffs, who allege ICWA—a federal statute that has been in effect for more than 40 years and has helped thousands of Native children maintain ties to their families and their tribes—is unconstitutional.
It is the first time that a state has sued the federal government over ICWA’s constitutionality. 
The lawsuit names various federal agencies and officials as defendants, and five tribal nations (Cherokee Nation, Morongo Band of Mission Indians, Navajo Nation, Oneida Nation, and Quinault Indian Nation) also have intervened as defendants. In addition, amicus briefs in support of ICWA were filed on behalf of 325 tribal nations, 21 states, several members of Congress, and dozens of Native organizations, child welfare organizations, and other allies.

The U.S. Constitution specifically gives Congress the power to legislate for the benefit of Native people and tribal nations. ICWA falls within that constitutional authority because it applies only to children who are either citizens (referred to as “members” in ICWA) of a federally recognized tribe, or who are both eligible for citizenship and the biological child of a tribal citizen parent. In addition, Congress has enacted laws concerning Native children from the earliest days of the United States government. ICWA provides a productive framework for states and tribal nations to partner in protecting the health and well-being of Native children.

There is a long history of Native children being removed from their families and communities without sufficient reason and often with little consideration of the rights of either the Native children or their families.

Before ICWA was enacted in 1978, as many as one out of every three Native children was removed from their home. ICWA has helped to reduce these alarming removal rates and helped more Native families stay together.  Child welfare research clearly shows that children are best served by preserving connections with their birth family and community.

Child welfare experts across the country are working together with tribes, states, and allies to continue implementing and protecting ICWA as the “gold standard” in child welfare law and ensuring Native children and families receive the services they deserve.


Striking down ICWA would not only be wrong as a matter of law; it also would have devastating real-world effects by harming Native children and undermining the ability of child welfare agencies and courts to serve their best interest.

Evidence shows that ICWA’s framework achieves better outcomes for children. National Native organizations stand with tribal nations and non-tribal ICWA allies to take action to protect ICWA and end the unnecessary removal of Native children from their families, tribes, and communities.

A copy of the reply brief of the Federal Defendants can be found here, a copy of the reply brief of the Intervening Tribes (Cherokee/Morongo/Oneida/Quinault) can be found here, a copy of the reply brief of the Navajo Nation can be found here.

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Takeaway Podcast ICWA

What our Nations are up against!

What our Nations are up against!
Survivors, write your stories. Write your parents stories. Write the elders stories. Do not be swayed by the colonizers to keep quiet. Tribal Nations have their own way of keeping stories alive.... Trace

Help in available!

Help in available!
1-844-7NATIVE (click photo)

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Diane Tells His Name

Please support NARF

Indian Country is under attack. Native tribes and people are fighting hard for justice. There is need for legal assistance across Indian Country, and NARF is doing as much as we can. With your help, we have fought for 48 years and we continue to fight.

It is hard to understand the extent of the attacks on Indian Country. We are sending a short series of emails this month with a few examples of attacks that are happening across Indian Country and how we are standing firm for justice.

Today, we look at recent effort to undo laws put in place to protect Native American children and families. All children deserve to be raised by loving families and communities. In the 1970s, Congress realized that state agencies and courts were disproportionately removing American Indian and Alaska Native children from their families. Often these devastating removals were due to an inability or unwillingness to understand Native cultures, where family is defined broadly and raising children is a shared responsibility. To stop these destructive practices, Congress passed the Indian Child Welfare Act (ICWA).

After forty years, ICWA has proven to be largely successful and many states have passed their own ICWAs. This success, however, is now being challenged by large, well-financed opponents who are actively and aggressively seeking to undermine ICWA’s protections for Native children. We are seeing lawsuits across the United States that challenge ICWA’s protections. NARF is working with partners to defend the rights of Native children and families.

Indian Country is under attack. We need you. Please join the ranks of Modern Day Warriors. Please donate today to help Native people protect their rights.

where were you adopted?

where were you adopted?

To Veronica Brown

Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.

Join!

National Indigenous Survivors of Child Welfare Network (NISCWN)

Membership Application Form

The Network is open to all Indigenous and Foster Care Survivors any time.

The procedure is simple: Just fill out the form HERE.

Source Link: NICWSN Membership

ADOPTION TRUTH

As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.