Generations United Celebrates the U.S. Supreme Court’s Decision to Uphold the Indian Child Welfare Act
“If not for being raised by my grandparents, I would not have a cultural identity. I wouldn’t know my family lineage and my son would not bear the name Tcha-LQad — a name that is 17 generations old.” Ray Krise, Skokomish Spiritual Leader and Tribal Chief, Raised by his Grandparents
This week’s SCOTUS decision to uphold the Indian Child Welfare Act (ICWA) is a fundamental victory for Native children. Central to ICWA is the understanding that when children cannot remain with parents, the grandparents, aunties, uncles, and other relatives or tribal members who raise them help reduce the trauma of separation. They provide a loving home and surround the children with a rich extra layer of protection — connection to their roots and preservation of their cultural identity. Research shows the sense of belonging and personal identity that comes with these connections is crucial to a child’s well-being.
For Native children and families, the stakes for the outcome of the Haaland v. Brackeen case could not have been higher. ICWA was passed in the 1970s, to prevent the separation of Native children and families, a harmful practice that has plagued Native families across this continent for centuries. Starting in the late 1870s, the U.S. government forcibly removed hundreds of thousands of Native children from their homes and sent them to military style boarding schools where they were punished for speaking their language, practicing their religion, and participating in any cultural practices. Physical and sexual abuse were widespread in the boarding schools. Generations of children grew up traumatized and separated from their families and tribes who loved and cared for them.
The practice of separating Native families continued into the1970s as the Bureau of Indian Affairs partnered with state and private children welfare agencies to remove Native children from their homes and place them up for adoption, largely in non-Native homes. Through removal of many generations of children from their families and tribes, parenting skills were diminished, and many experiences damaged their very ability to attach to others.
ICWA is a proven framework that provides better outcomes for children. It recognizes a fundamental value that is backed by research- whenever possible keep children with family members if they cannot stay with their parents. Compared to children in foster care with nonrelatives, children with relatives have better behavior and mental health outcomes, greater stability and are more likely to have a permanent home. They stay connected to their siblings, have a sense of belonging, and are more likely to report they always feel loved.
ICWA stands not only as a law to protect the best interest of Native children, but also as the gold standard for how we should prioritize and support family and cultural connections for all children. These connections help children understand who they are and believe in themselves. These connections nurture a sense of commitment to others and a drive to contribute positively to one’s community. We must hold on to the established best practices embodied by ICWA and the policies we know achieve positive outcomes for children and families.
In the words of renowned poet and author Maya Angelou, “Today, people are so disconnected that they feel they are blades of grass, but when they know who their grandparents and great-grandparents were, they become trees, they have roots, they can no longer be mowed down.”
Generations United applauds the decision and proudly stands in support of ICWA.
Learn more about Generations United’s support of ICWA:
· The Hill- The US Must Confront Its Failures of Native Children in Foster Care
· Grand Magazine- Indian Child Welfare Act: Protecting Our Grandchildren’s Connection to Family and Cultural Identity
· Generations United’s Medium Blog- Native Grandfamilies and the Importance of the Indian Child Welfare Act
Resources:
· Connecting with Families in Black and Indigenous Communities
