The Indian Child Welfare Act and preserving American Indian history in Ohio

Published June 21, 2023 at 9:01 AM EDT

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 Supreme Court has preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children. The court left in place 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.

The Indian Child Welfare Act was enacted in 1978 after studies showed large numbers of Native children were separated from their parents and extended families even when fit and willing relatives were available.

At the time, as many as 35% of all American Indian children were removed from their families into foster homes or for adoption, typically by non-native couples.

The federal law prioritizes relatives and other members of federally recognized tribes in child-custody proceedings.

On June 15, the U.S. Supreme Court, in a 7 to 2 decision, upheld the Indian Child Welfare Act, protecting the sovereignty and rights of Native American families in such cases.

Coming up, we talk about the decision as well as efforts to preserve and honor American Indian history in Ohio.

Host:

Matthew Rand, 89.7 NPR News reporter

Guests:

John Echohawk, executive director of the Native American Rights Fund
Ashley Landers, assistant professor of human development and family science at Ohio State University
John Low, director of the Newark Earthworks Center
Alex Wesaw, director of American Indian Relations at the Ohio History Connection

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