They Took Us Away

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Monday, September 20, 2021

TODAY: Native America Calling

Monday, September 20, 2021 – ICWA: Federal protections for children under constant legal pressure

Host: Rebecca Nagle

The Indian Child Welfare Act has been upheld in dozens of court decisions as a vital federal protection for Native adoptees and foster children. That string of wins ended when a Texas district court judge ruled the more than 40-year-old law unconstitutional. A subsequent federal appeals court agreed that at least parts of ICWA are unconstitutional.  Long considered by legal experts as the gold standard of adoption law, ICWA faces its most significant legal challenge. We’ll examine how we got here and who is behind the legal efforts to dismantle ICWA.

Guests:

Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) - law professor at Michigan State University’s college of law and author of the “Turtle Talk” blog

Sandy Whitehawk (Sicangu Lakota) – Elder in Residence at the ICWA Law Center

Shana King (citizen of the Mandan, Hidatsa and Arikara Nation) – parent advocate at the ICWA Law Center

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Break 1 music: Tapwe Oma (song) Fawn Wood (artist) Iskwewak (album)

Break 2 music: Dat One (song) The Delbert Anderson Trio (artist) MANITOU (album)

 

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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.


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