SUBSCRIBE

Get new posts by email:

How to Use this Blog

BOOZHOO! We've amassed tons of information and important history on this blog since 2010. If you have a keyword, use the search box below. Also check out the reference section above. If you have a question or need help searching, use the contact form at the bottom of the blog.



We want you to use BOOKSHOP! (the editor will earn a small amount of money or commission. (we thank you) (that is our disclaimer statement)

This is a blog. It is not a peer-reviewed journal, not a sponsored publication... WE DO NOT HAVE ADS or earn MONEY from this website. The ideas, news and thoughts posted are sourced… or written by the editor or contributors.

SEARCH

Saturday, August 6, 2022

DEADLINE: Tribes urged to sign amicus brief to protect Indian Child Welfare Act


SCOTUS will soon hear a case that could strike down adoption protections for Native children.

 

WASHINGTON — Tribal advocates are becoming increasingly worried that the U.S. Supreme Court could strike down all or parts of the Indian Child Welfare Act (ICWA) after it hears Haaland v. Brackeen this fall. 

In short, Brackeen is a lawsuit brought by Texas and several individual plaintiffs, who all allege that ICWA, passed by the U.S. Congress in 1978, is unconstitutional for several reasons, including alleged equal protection violations.

If the law, which calls for Native kids in the adoption and foster care systems to be placed with Native families and tribes, is struck down, tribal advocates argue that irreparable harm will be caused to such children, families, and tribes — for cultural, social, political, jurisdictional, and sovereignty-based reasons.

The Native American Rights Fund (NARF) details the case from its perspective here.

Texas and individuals who oppose ICWA argue in part that it may not always be in the best interests for Native children to be placed with Native families and tribes, and that it violates the U.S. Constitution through its pro-tribal requirements.

Elizabeth Brando, development director with the National Indian Child Welfare Association, says that as of last Friday 43 tribes and 7 organizations have signed on to a tribal amicus brief that makes the tribal case that ICWA is constitutional.

“We are trying to get to 500+ tribes signed on by next Tuesday’s August 9th deadline,” Brando tells Indigenous Wire via email.

In order to ensure that the Tribal Amicus Brief is finalized and printed in time for delivery to the Supreme Court, the deadline for signing on to the brief will be Tuesday, August 9,” Dougherty Lynch added. “As with past briefs in this case, there will be no cost to sign on to the brief.” 

Dougherty Lynch said tribes or tribal organizations interested in signing on should send NARF an email from an individual (chairperson, executive director, general counsel, outside counsel, etc.) or body (tribal council, board of directors, etc.) authorized to speak on behalf of the tribe, asking to be added as a signatory on the brief, and the tribe’s name as it should be listed on the brief. 

Her email address is dougherty@narf.org.

KEEP READING

No comments:

Post a Comment

Please: Share your reaction, your thoughts, and your opinions. Be passionate, be unapologetic. Offensive remarks will not be published. We are getting more and more spam. Comments will be monitored.
Use the comment form at the bottom of this website which is private and sent direct to Trace.


Happy Visitors!

They Took Us Away

They Took Us Away
click image to see more and read more

Blog Archive

Most READ Posts

Bookshop

You are not alone

You are not alone

To Veronica Brown

Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.

Diane Tells His Name


click photo

60s Scoop Survivors Legal Support

GO HERE: https://www.gluckstein.com/sixties-scoop-survivors

Lost Birds on Al Jazeera Fault Lines

Lost Birds on Al Jazeera Fault Lines
click to read and listen about Trace, Diane, Julie and Suzie

ADOPTION TRUTH

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.

NEW MEMOIR

Original Birth Certificate Map in the USA

Why tribes do not recommend the DNA swab

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.

Google Followers