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Class Action Lawsuit Challenges Indian Child Welfare Act

goldwater institute 2Sedona AZ (July 7, 2015) – Earlier today, the Goldwater Institute announced that it had filed a class action lawsuit against federal and Arizona state officials challenging the constitutionality of the Indian Child Welfare Act, which was enacted in 1978. One of the plaintiffs in the case is identified as A.D., a 10 month old child who is eligible for enrollment in the Gila River Indian Community.

The following is a Gila River Indian Community statement on the Goldwater Institute Lawsuit regarding the Indian Child Welfare Act:

Gila River Indian logoFor the protection of its children, the Community will not comment on cases pending in the Arizona state courts. ICWA was enacted because Native American children were being removed from Indian homes, placed with non-Indian families and many were adopted by non-Indian families—often without the knowledge of close relatives who were able and willing to provide homes. Nationwide, Native American children continue to be removed from their homes by state authorities at much higher rates than non-Native children.

ICWA does not change the standard used to determine the placement of children, but provides federal requirements that apply to state court custody proceedings involving Native American children, including notification of the child’s tribe and allowing the tribe to participate in proceedings. If matters are transferred to tribal courts, those courts—including the Gila River Indian Community Children’s Court—also apply the “best interest of the child” standard.

“Under ICWA, tribal and state agencies work hand-in-hand in determining what is best for the children involved. That’s as it should be,” said Governor Stephen Roe Lewis of the Gila River Indian Community, adding, “The suggestion that Indian tribes, including the Gila River Indian Community, do not act in the best interests of the children involved in these cases is untrue and offensive. The exact opposite is true. Compared to other federal legislation, ICWA has been largely successful in its purposes, including reuniting Indian families. There have been thousands of success stories because of the ICWA and the Community hopes there will be thousands more.”

Unfortunately, the non-Indian adoption industry continues its attacks on ICWA. ICWA is not a race-based law, but necessary legislation based on the unique political status of Indian tribes. This status, based upon principles of tribal sovereignty, has been recognized by Congress and the Supreme Court for 200 years and is not something that can be dismissed in a nine-minute video.

Said Governor Lewis, “While the only officials named as defendants in the lawsuit are federal and state officials, the actions of the Goldwater Institute are just another attack on America’s Indian tribes and their inherent sovereignty. ICWA furthers tribal sovereignty by protecting the best interests of Indian children and promoting stability and security among Indian tribes and families.”

While we all understand that Arizona’s child welfare system is in need of change, ICWA is one area that works. And, if change is needed, filing what is apparently intended to be a high-profile lawsuit which tracks the interests of the non-Indian adoption industry is not the solution.

This concludes the statement issued on behalf of the Gila River Indian Community.

The Gila River Indian Community is nestled between the Estrella and Sacaton Mountain ranges on 372,000 acres in south-central Arizona. Gila River is home to the indigenous people of the Akimel Oodham (Pima) and the Pee Posh (Maricopa). The people are known for their farms, deep traditions, basket weaving and pottery. The Tribe is comprised of seven districts, Executive, Legislative and Judicial Branches of government and numerous programs that serve the 20,000 plus members who reside on and off the reservation. 100% of gaming and the Tribes 17 other Enterprise profits are utilized by the community providing services and opportunities to achieve the highest quality of life.

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2 Comments

  1. DB says:

    Kids should be adopted by who loves them not by agovernment racial discrimination act. It’s bad enough for adopted kids and love does overcome a lot , I’m part Indian and if this law was in effect my mother would’ve to give me to the Rez. I can be Indian and live anywhere with anyone I want. This is America , we’re supposed to live colorblind. I don’t need government telling me who to live with , who to marry or who to father or mother my children. People need to know Racists come in all colors.

  2. Lyn Keene says:

    Native American children need to be part of their culture not white culture.

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