Court ruled that ICWA is constitutional


By Kolby KickingWoman


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“Updated: 5th Circuit Court of Appeals overturns lower court decision

The 5th Circuit Court of Appeals unanimously voted to uphold the constitutionality of the Indian Child Welfare Act; overturning a lower district court’s decision in a late decision Friday afternoon….  Passed in 1978, the Indian Child Welfare Act has been praised as the “gold standard” for by national child welfare organizations. The law states when a Native child is up for adoption, homes of family or tribal members are prioritized for placement.

Research has also shown that Native and non-Native children alike have better outcomes when they are raised in their communities rather than foster homes or state child welfare systems.

Sarah Kastelic, executive director of the National Indian Child Welfare Association, said that the decision was in the best interest of Native children.”