Pros And Cons Of Indian Child Welfare Act

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ICWA Supreme Court Justice John Roberts once said, “It’s a sordid business this divvying us up by race.” (Will “Blood”). In 1978 an act was passed in congress to preserve Indian tribal populations; it allowed tribes to terminate adoptions and place Indian children in Indian homes. The Indian Child Welfare Act has many positive impacts, including the promotion of strong Native-American identity, but there are also drawbacks, such as the lack of concern for the children’s safety and how they’re used as pawns to keep the tribes intact, no matter what the cost is for the kids. The Indian Child Welfare was passed in congress because Indian children were being removed from their homes and put into ones of other ethnicities unjustly; many …show more content…

Before the Indian Child Welfare Act was passed, Congress discovered a startling statistic. 25-30% of all American-Indian children were taken from their families custody and placed with non-Indian families (Fletcher). It is impractical to believe that that many American-Indian families were inadequate to have children in their care. Even after they were taken away, the government took no interest in the child’s cultural identity and placed them with families outside the tribe, where they were never exposed to their native culture. After the ICWA was passed and Indian families were kept together, many long-term benefits appeared: Security, pride in heritage, and participation in the use of cultural norms (Cross). When the Indian children were being placed within their tribes instead of with people of other ethnic backgrounds, the children grew up immersed in their families culture and grew up to practice it themselves. They learned where their …show more content…

Two twin girls were in the foster care of a woman in North Dakota from the ages of 9 mo. to 3 years-old. When they turned three, the woman attempted to adopt them, but the ICWA prevented her from doing so. The girls were sent to live with their grandfather at a reservation. His wife later threw one of the girls down a ditch, killing her, and it was later discovered that she had a history of abusing her own kids. (Will “Kids”). The act allows tribes to stop adoptions and remove kids from homes for no other reason than the fact that they have Native-American blood. They’re taken away from loving homes only to be hurt. 5-year-old Declan Stewart was removed from his mother’s home after his skull was fractured and he was sexually abused by his mother’s boyfriend. The Cherokee Nation objected the removal and he was sent back to live with his mother; he was beaten to death a month later. This young, little boy was being abused and justly taken from his mother’s custody because his safety was in danger. The Cherokee Nation didn’t want to lose a member so they objected, not taking into consideration the child’s well-being. Not even a month later the boy was beaten to death. “They were victims of the Indian Child Welfare Act which as constituted and applied

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