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The Indian Child Welfare Act (ICWA): Where we’ve been, where we’re headed, and where we need to go

  • SUNY Buffalo

Research output: Contribution to journalComment/debate

10 Scopus citations

Abstract

This article aims to help child welfare professionals understand connections between the Indian Child Welfare Act (ICWA), Tribal sovereignty, and Native American well-being, and prepare to uphold ICWA in the face of the impending U.S. Supreme Court case. ICWA provisions, intentions, implementation, and impact are described, followed by summaries of prior legal challenges, judicial erosion, and the Haaland v. Brackeen case. The article explores implications if ICWA is overturned, including ramifications of non-preferred foster care and adoption placements and self-determination, health, and socioeconomic repercussions. Advocacy strategies for upholding ICWA are presented to help protect Native children, families, and Tribal Nations.

Original languageEnglish
Pages (from-to)1034-1057
Number of pages24
JournalJournal of Public Child Welfare
Volume17
Issue number5
DOIs
StatePublished - 2023

Keywords

  • adoption
  • child welfare
  • foster care
  • Indigenous families/ICWA
  • sovereignty

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