Wisconsin Tribe Petitioning U.S. Supreme Court to Uphold 1978 Indian Child Welfare Act

Tuesday, September 21st, 2021 -- 9:01 AM

(Bob Hague, WRN) The Oneida Nation of Wisconsin is one of five tribes petitioning the U.S. Supreme Court to uphold a law that gives adoption preference for Native American children in foster care to Native American Indian families.

The tribes and U.S. Secretary of the Interior Deb Haaland are essentially requesting that the high court leave intact the 1978 Indian Child Welfare Act, which was passed in response to Native children being separated from their families by nontribal public and private agencies.

The state of Texas, on behalf of a non-Native couple, have petitioned the court to repeal the law, claiming it is unconstitutional. ICWA has withstood legal challenges for more than 40 years, but in the past four years federal judges have been divided on its constitutionality.

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