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c* The residence or domicile of the child child s parents or Indian custodian is in a predominantly Indian community. d. The child or the child s family has received services or benefits from a tribe or services that are available to Indians from tribes or the federal government such as the Indian Health Service or Tribal Temporary Assistance to Needy Families TANF. e. The child may have Indian ancestry. f* The child has no known Indian ancestry. g. Other reason to know the child may be an Indi ...

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What is the existing Indian family exception to the Indian Child Welfare Act?

The EIF exception is a judicial doctrine created by state courts that have historically removed Indian children from their tribes and homes. States that have enacted the EIF exception attempt to retain control over Indian children, which is contrary to the ICWA.

Did the Supreme Court reject race based challenge to Native American adoption law?

The Supreme Court on Thursday preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children, rejecting a broad attack from Republican-led states and white families who argued it is based on race.

Did the Supreme Court overturn ICWA?

In a major ruling on Thursday, the Supreme Court rejected a challenge to the constitutionality of the Indian Child Welfare Act, a 1978 federal law that seeks to keep Native American children with Native American families.

Why is ICWA being overturned?

Over the years, the law has come under fire from a variety of conservative groups and a national adoption advocacy organization. The Brackeen case sought to overturn ICWA as unconstitutional because it applies to Indian children and thus is race-based.

Is the Indian Child Welfare Act going to be overturned?

The Supreme Court leaves Indian Child Welfare Act intact 16, 2022. In a major victory for Native American rights, the U.S. Supreme Court on Thursday upheld key provisions of the Indian Child Welfare Act, a law enacted 45 years ago to remedy decades of past government abuse.

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What was the Supreme Court decision on ICWA?

The court ruled 7-2 in favor of the law, rejecting challenges posed and leaving ICWA intact. We are elated by the decision. This challenge to ICWA was in direct opposition to tribal sovereignty and the rights of AI/AN families and children.

Why is ICWA being challenged?

They argued that ICWA employs racial classifications that unlawfully hinder non-Indian families from fostering or adopting Indian children. And they challenged 1915(c)the provision that al- lows tribes to alter the prioritization orderon the ground that it vio- lates the nondelegation doctrine.

What did the Supreme Court rule on Native American children?

The Supreme Court on Thursday upheld a 1978 law aimed at keeping Native American adoptees with their tribes and traditions, handing a victory to tribes that had argued that a blow to the law would upend the basic principles that have allowed them to govern themselves for years.

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