JOURNAL ARTICLE

Haaland v. Brackeen Affirms the Constitutionality of ICWA.

  • Published In: Human Rights, 2024, v. 49, n. 3. P. 24 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Carson, Grace 3 of 3

Abstract

The U.S. Supreme Court recently affirmed the constitutionality of the Indian Child Welfare Act (ICWA) in the case of Haaland v. Brackeen. ICWA was enacted in 1978 to address the high number of Native children being removed from their homes. The act sets federal requirements for state child custody proceedings involving Native children, giving tribes and families the opportunity to be involved in decisions affecting the child. While ICWA has been successful in many cases, there is still noncompliance from state courts and systems, resulting in Native children being disproportionately removed from their families and communities. The decision in Haaland v. Brackeen was seen as a victory for Tribal sovereignty, Native children and families, and the future of tribes and Native people in the United States. [Extracted from the article]

Additional Information

  • Source:Human Rights. 2024/04, Vol. 49, Issue 3, p24
  • Document Type:Article
  • Subject Area:Language and Linguistics
  • Publication Date:2024
  • ISSN:0046-8185
  • Accession Number:175323467
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