Families Seek A Fresh Court Hearing In A Case Related To The ICWAUS News: Brackeen v. Bernhardt
The Choctaw girl caseIn a case related to provisions set by the ICWA, the Supreme Court declined to mediate in settling a case on account of a Choctaw girl who had been sent to foster care with a non-Native American family in California after her biological parents were unable to provide for her.
The couple attempted to adopt the young child, infringing upon state laws and the ICWA, in spite of the fact that the state and courts had cautioned them that the Choctaw Nation of Oklahoma had jurisdictional authority and that the objective of family reunification was very important.
The couple was represented by a lawyer who has challenged the tribal jurisdiction in other ICWA cases. The couple declined to let go of the young girl in 2016, regardless of a court request. This resulted in the concerned court giving an order of forced separation of the girl from her foster family.