U.S. Supreme Court Denies Review of Indian Child Welfare Act

Nov 8, 2017

The U.S. Supreme Court denied a request to review the legality of the Indian Child Welfare Act.

KAWC’s Stephanie Sanchez has more.

In the case between S.S. v Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute.

The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of Native American children in foster and adoptive homes, is unconstitutional.

Due to the Supreme Court’s denial of the petition, the decision from the Arizona Court of Appeals upholding the ICWA will stand.

Congress enacted the law in 1978 after determining that Native American Children were being removed from their homes and communities at an “alarming rate” compared to non-Native children.

Goldwater Institute’s vice president for litigation Timothy Sandfur said Native American children deserve the same protections provided to all other American children and will continue to work to give Indian children the same protections.

In a release, the Colorado River Indian Tribes opposes the continued onslaught against the ICWA.

CRIT chairman Dennis Patch said they are thrilled with the U.S. Supreme Court’s decision.

Patch said “There is no resource that is more vital to the continued existence and integrity of Indian Tribes than our children.  We must continue to defend ICWA from legal attack."