The Supreme Court preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from Republican-led states and white families who argued it is based on race.
Thank you for supporting our journalism. This article is available exclusively for our subscribers, who help fund our work at the Chicago Tribune.Demonstrators stand outside of the U.S. Supreme Court, as the court hears arguments over the Indian Child Welfare Act on Nov. 9, 2022, in Washington.
the 1978 Indian Child Welfare Act, which was enacted to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes.Tribal leaders have backed the law as a means of preserving their families, traditions and cultures. The law requires states to notify tribes and seek placement with the child’s extended family, members of the child’s tribe or other Native American families.
The lead plaintiffs in the Supreme Court case — Chad and Jennifer Brackeen of Fort Worth, Texas — adopted a Native American child after a prolonged legal fight with the Navajo Nation, one of the two largest Native American tribes, based in the Southwest. The Brackeens are trying to adopt the boy’s half-sister, now 4, who has lived with them since infancy. The Navajo Nation has opposed that adoption.
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