January 15, 2019
Utah Attorney General Sean D. Reyes joined a bipartisan coalition of 21 state attorneys general on Monday in the Fifth Circuit Court of Appeals to defend the Indian Child Welfare Act (ICWA) in Brakeen v. Zinke.
ICWA is a 40-year-old federal law that furthers the best interests of Native American children and protects the sovereignty of Indian tribes by preserving children’s connections to their tribal heritage. It was first enacted in 1943 as a response to a history of culturally insensitive and ignorant removal of Indian children from their birth families.
ICWA’s purpose is to “protect the best interests of Indian children and promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards” to be utilized in child welfare proceedings involving Native American children.
Attorneys general in the states of California, Alaska, Arizona, Colorado, Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, New Jersey, New Mexico, Oregon, Rhode Island, Virginia, Washington, and Wisconsin joined Attorney General Reyes in arguing that ICWA is an appropriate exercise of Congress’s broad authority to legislate in the field of Indian affairs and does not violate the Tenth Amendment or equal protection principles.
The brief highlights ICWA’s important role in reducing disparities in child removal rates and improving the collaboration between states and tribes relating to their shared interest in improving the health and welfare of Native American children.
“The future of our Native American nations relies upon their youth learning and integrating the proud history, traditions and culture of their people within our broader society. ICWA accomplishes this while still providing needed protections to indigenous children,” said Attorney General Reyes. “I’m pleased to work in a bipartisan effort with sister states to defend this law. ICWA works in Utah. The State supports it and our First Nation friends support it. ICWA properly balances the safety and needs of children along with tribal and societal interests.”
Read the full press release here: https://attorneygeneral.utah.gov/ag-protects-native-american-children/
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