ICWA challenged in Minnesota

Last week the Minnesota Supreme court heard arguments on a case that could affect ICWA and not enough people are talking about it.

The court did not rule from the bench on this case, but a decision is expected within a few months.

The details: Native twins in Minnesota were taken from their mother. They were first placed with foster parents before a lower court ruled the children should be with family, and they were placed with their aunt. Currently, they live with their grandparents.

The former foster parents are now appealing the lower court’s decision.

The decision in this state Supreme Court case could have implications for the federal Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA). “What we’re seeing here is across the country foster parents who are not relatives, and sometimes non-Native, challenging the constitutionality of Indian Child Welfare Act and the companion state legislation,” said Angelique EagleWoman, director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law and an enrolled member of the Sisseton Wahpeton Dakota Oyate.

“They don’t see the Indian Child Welfare Act as Congress intended, [which] was to protect the best interest of tribal children by having a connection to their relatives and their tribal community.”

EagleWoman added a decision could come in a few months.

An amicus brief has been filed by Tribes and groups in support of upholding ICWA:

“The amicus brief exposes this attempt to challenge ICWA as ungrounded in both law and logic,” said Native American Rights Fund (NARF) Staff Attorney Sydney Tarzwell.

I will be watching for updates on this case. I have had difficulty finding folks talking about it online, and I do not see any calls to action or petitions (if folks find something, please let me know).

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