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What is the best interest of the child? That’s the question at the core of every child welfare case. When it comes to Native adoptions, the fate of the law that set the standard for four decades now rests with Supreme Court.
The Supreme Court will hear cases from three families challenging the Indian Child Welfare Act. Under the ICWA, decisions about adoption -- which in other circumstances are made by state courts or governments that consider the best interests of the child -- are shifted into tribal hands when an American Indian child is involved.
The case, Brackeen v. Haaland, threatens the federal law protecting the bond between Native American children and their families and tribes