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Friday, October 4, 2019

Brackeen seek new court hearing

Families Seek A Fresh Court Hearing In A Case Related To The ICWA

US News: Brackeen v. Bernhardt

Families and states seeking to replace the 1978 ICWA (Indian Child Welfare Act) that favoured Native Americans in the foster care system and procedures in terms of an adoption involving native American children want a fresh court hearing. On October 1, the people seeking a fresh hearing, want their problem to be addressed in front of an entire panel of the appeals court judges. The challenge included non-Native American families in a lot of states who have legally adopted or want to adopt Native American Children.

The Choctaw girl case

In 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.

read 

The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

by ilpc

Goldwater is attempting dismantling ICWA and tribal sovereignty.
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Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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