ICWA stands for the Indian Child Welfare Act. This law was positioned in place to protect Native kids’ culture if they were to be set in foster care. Social workers would have to make efforts to keep Native American children with their biological family, but if that's not possible, they put them in other families within their tribe. This law keeps it from becoming like 1978 when many indigenous children were being taken from their families and put in white households. ICWA also gives the tribe's government a say in what happens with the child. This makes it so the tribal government can help benefit the kid.
ICWA is at the stake of being overturned. On November 9, 2022, Dr. Jennifer Brackeen and Chad Brackeen, and other white couples went to court trying to adopt indigenous children that they had been fostering. The couple said that this law is unfair and racially biased. The other side of this case pleaded that this law has been in place for many years and is protecting and benefiting everyone.
“Overturning the law would mean excluding the tribe from oversight and would constitute an illegal breach of tribal sovereignty,” XJ, an enrolled member of the Osage Nation, headquartered in northeast Oklahoma, said.
For years the US government has had disagreements with Native American tribes. “For the Osage, our relationship with the federal government constitutes hundreds of years of horrific injustice, broken treaties, and intentional destruction of the culture,” XJ said. This is not the first time there has been an upset between the indigenous people of America and the US government.
Native and non-Native people alike have been joining forces with protests and petitions to stop this law from being overturned. It is extremely important in today's age to take action threw all the different types of action with social media there are.