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Wednesday, May 22, 2024

Goldwater files brief

Goldwater is still at it... still trying to dismantle the federal law THE INDIAN CHILD WELFARE ACT... They truly do not understand we are not a race but sovereign, sacred and ancient peoples...

"...In this case, a Native child was legally adopted by a non-Native mother—but the mother then tragically died.  Ordinarily, in such a circumstance, family members or friends could become legal guardians of a child through a simple court order.  But that effort was blocked in this case by the tribe, which declared the child a “ward” and demanded that state judges hand her over, so that the tribe could place her with adults who are of the “right” race.  Now, an Arizona appellate court has been asked to decide whether the tribe was acting within its legal authority.

As we explain in our brief, the rules of jurisdiction are part of the bedrock idea of due process.  Courts are only allowed to decide cases involving people who have some connection to that court—and the fact that a person fits one racial profile rather than another is certainly not good enough.  A few years ago, a federal court criticized tribes for engaging in “jurisdictional gamesmanship” in cases involving ICWA.  And this case is just the latest example.

Sadly, these “games” are no fun for the kids themselves.  ICWA was supposed to protect the best interests of Indian children.  But today it frequently blocks Native children from getting the care and protection they need—thanks in part to the way many tribal government officials use it to expand their power, rather than to benefit the kids involved.

Read our brief here. You can learn more about our work defending Indian children against ICWA’s unjust burdens here.



**How this little girl was adopted by a NON-NATIVE MOTHER is also a question that needs to be answered... ICWA is federal law yet these adoptions are still happening; we need to ask: how?  Trace

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