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Wednesday, November 20, 2019

ICWA articles

The American Professional Society on the Abuse of Children published an issue on ICWA.
this is a pdf: Here.
Articles include:
Vandervort, The Indian Child Welfare Act: A Brief Overview to Contextualize Current Controversies
Fletcher & Fort: The Indian Child Welfare Act as the "Gold Standard"
Piper: The Indian Child Welfare Act: In the Best Interest of Children?
Piper: Response to Fletcher and Fort
Fletcher & Fort: Response to Piper

APSAC ADVISOR | Vol 31, Issue 247 
Special Section: Contested Issue
 The “solutions” provided in the article by Dr. Kathryn Piper, ...while well meaning, demonstrate a fundamental misunderstanding of tribes, the federal government, and the application of the Indian Child Welfare Act (ICWA). There is no data available anywhere that demonstrates Native children are kept in foster care longer than non-Native children because of ICWA, that they are harmed more than other non-Native children in foster care due to the heightened standards for removal or termination, or that applying the placement preferences, with their good cause exception, delays placement for Native children. Instead, the limited data we have on foster care generally shows that placing children in foster care has overwhelmingly negative outcomes, that kinship placements tend to help children, and that keeping children connected to their culture helps with creating resiliency factors they need to overcome early childhood trauma (Gallegos & Fort, 2017-2018; Pecora, 2006). ICWA does not hurt children—it’s the one law out there trying to address the very issues foster care creates.

APSAC Advisor Issue on ICWA

by Kate Fort

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Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

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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