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What our Nations are up against!

What our Nations are up against!

You're Breaking Up: Adoptive Couple v. Baby Girl #ICWA


[PDF] You're Breaking Up: The Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)

The chances of fully achieving these goals have been impeded by
the Supreme Court decision in Adoptive Couple v. Baby Girl.9 
By holding that an Indian parent who never obtains custody of his child is
not privy to the protections offered by ICWA, the Supreme Court has
severely limited the Act’s application. Tribal security and stability are
hampered when Indian children are raised outside of the Native com-
munity because the opportunity to pass on tribal customs, traditions,
leadership and culture disappears.10 This Note begins by exploring
the historical facts leading to the passage of ICWA, its key provisions,
and its application. Part III discusses Adoptive Couple v. Baby Girl
and the changes the Supreme Court has made to ICWA. Part IV con-
cludes by arguing how in an effort to do right, the majority of Supreme
Court Justices twisted ICWA to arrive at a conclusion the statute, if
read plainly, does not support.
You’re Breaking Up: The Faulty Connection Between Congressional Intent and Supreme Court Interpretation in Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)
Danielle J. Larson

NEBRASKA LAW REVIEW: Current Issue: Volume 93, Issue 2 (2014) 

The irony of this, Byler commented, was apparent. “[T]ribes that
were forced onto reservations at gunpoint and prohibited from leaving without a
permit, are now being told that they live in a place unfit for raising their children.”
Id. at 20; see also Janet L. Wallace and Lisa R. Pruitt, Judging Parents,
Judging Place: Poverty, Rurality, and Termination of Parental Rights, 77 MO. L.
REV. 95 (arguing that while courts have stated poverty is an impermissible basis
for termination of parental rights, many make rural places a proxy for poverty
and terminate on that basis instead).

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Generation Removed

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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?