Sensitive Content Warning
In 1978, the Indian Child Welfare Act (ICWA) was established to address the widespread removal of Native children from their families, extended kin, and communities by state child welfare and private adoption agencies. This stemmed from the historical legacy of the church and government abducting Native children and placing them in boarding schools. The ICWA imposes federal requirements that apply to state child custody proceedings for an Indian child who is a member of or eligible for membership in a federally recognized tribe. Its primary objective is to maintain Native children within their families or tribal settings, recognizing the significance of keeping them in secure homes and preserving their ancestral connections. Indigenous cultures worldwide believe that the bond with the land is a bond with themselves and each other, therefore separation from the land means disconnection from their true selves and our community.
Although the Indian Child Welfare Act (ICWA) is crucial for safeguarding Native American customs and shielding children, the Supreme Court has previously questioned its validity. In November 2022, the Supreme Court evaluated Brackeen v. Haaland, a lawsuit filed by the state of Texas and other individuals, contending that the ICWA is unconstitutional and that Indigenous children should not be restricted to particular placements. During the hearing, a couple who tried to adopt an Indigenous child but failed criticized and analyzed the ICWA. The young girl now resides in her Tribal community and is acquiring knowledge about her culture. This conversation arises during a period when the extent of maltreatment that transpired at Indian boarding schools is emerging, along with the intergenerational impacts and traumas from that period. The Supreme Court is projected to decide on the ICWA by June 2023. There is no assurance that they will endorse this law, implying that Native American communities may face further investigation.
Before the ICWA, an alarming number of Indigenous children were unjustly removed from their homes and relocated to adoption agencies. Approximately 25 to 35 percent of children were taken from their homes, and the majority of those removed were placed in non-Native households. Moreover, it is crucial to emphasize the negative impact of these removals on Indigenous children. Research has shown that prolonged separation from Tribes and cultures can cause severe harm to a child's mental and physical health. This level of trauma has persisted across multiple generations and remains a common experience even after the ICWA was enacted.
The image on the left of the page is a powerful representation of the deep-seated historical trauma experienced by indigenous communities. It depicts a native child, who is being forcibly taken away from their culture and home. The red hand over the child's mouth symbolizes the systemic silencing of indigenous voices and the suppression of their cultural heritage. It represents the actions of people in power who seek to control indigenous communities. The red color of the hand is also significant, as it is a symbol of bloodshed and violence, underscoring the brutal history of colonization and the ongoing struggles of indigenous peoples to reclaim their sovereignty and cultural identity.
I aimed to convey the significance of native culture through the right page, which showcases its beauty. The circle in the center, featuring people, is the native symbol for family, representing strong bonds and togetherness. Feathers hold high honor, power, wisdom, trust, strength, and freedom in native culture, as they are viewed as gifts from the sky. The types of feathers used by chiefs hold different meanings, reflecting who they are and how they protect their tribe. Butterflies generally represent change, transformation, comfort, hope, and positivity, which I included to symbolize hope for the future despite the dark times for Native people. Totem animals, such as the two vertical structures with wings, hold spiritual significance for individuals, families, or tribes. The bear represents wisdom and perseverance, while the hawk symbolizes strength and protection, both relevant in times of hardship and uncertainty. Salmon are important to Native American tribes, as they symbolize abundance, fertility, prosperity, and renewal, and have been a primary food source for Northwest Coast Native Americans for thousands of years.
Tribe of Texas, Carrizo Comecrudo. “Sign the Petition.” Change.org, January 2023. https://www.change.org/p/protect-the-indian-child-welfare-act?signed=true.
Lakota Law, Editors. “Protect ICWA and Tribal Sovereignty!” Lakota People's Law Project Action Center, 2021. https://action.lakotalaw.org/action/protect-icwa.
Hayssen, Sophie. “This Supreme Court Case Is 'an Assault' on Native Children.” Teen Vogue, March 8, 2023. https://www.teenvogue.com/story/supreme-court-indian-child-welfare-act.
Walkey, Will. “States Look to Codify ICWA Protections as the Supreme Court Considers the Law's Legality.” Wyoming Public Media, March 3, 2023. https://www.wyomingpublicmedia.org/tribal-news/2023-03-03/states-look-to-codify-icwa-protections-as-supreme-court-considers-its-legality.
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Hope, Native. “Native American Animals: The Bear (Mato) Is a Gift to Mother Earth and Her People.” Native Hope Blog. Native Hope, June 7, 2020. https://blog.nativehope.org/native-american-animals-bear-mato-is-a-gift-to-mother-earth-and-her-people#:~:text=Bears%20are%20symbols%20of%20wisdom,to%20heal%20their%20own%20wounds.
Le, Luxia. “Hawk Spirit Animal Symbolism & Meaning.” AZ Animals, January 27, 2023. https://a-z-animals.com/blog/hawk-spirit-animal-symbolism-meaning/.
SOTWC. “The Salmon.” Spirits of the West Coast Art Gallery Inc, 2022. https://spiritsofthewestcoast.com/collections/the-salmon-symbol.