In Support of the Indian Child Welfare Act

LaDonna Harris

I am outraged by Supreme Court case Adoptive Couple v. Baby Girl. As a lifelong civil rights activist, I remember the struggle to pass the Indian Child Welfare Act (ICWA) in 1978 and the reasons it is still so badly needed to protect our families and Native American cultures.

Congress passed ICWA in response to the alarmingly high number of children being removed from their homes. According to the First Nations Orphan Association, between 1941 and 1978, 68% of all Indian children were removed from their homes and placed in orphanages or white foster homes, or adopted into non-Indian families. Studies have shown that Native American children placed in non-­Native homes experience high rates of depression and suicide, as well as problems with development and identity formation. Removing Native children from their families and communities is severely traumatic and interrupts the transmission of culture from generation to generation.

The reasons ICWA was passed 35 years ago are just as strong and relevant today. Since its passage, ICWA has afforded protections for Indian children to stay in Indian families and tribal communities.

Unfortunately, current lack of compliance by state agencies is a concern to every Indian tribe and Native community in the country. We need to bolster support and resources for ICWA not dismantle the law. As National Public Radio recently reported, Indian children continue to be removed from their families and communities at a rate that outpaces other children of color.

Yet throughout the duration of the Baby Veronica case, media coverage has not included the original intent or purpose of the law, and has been largely inaccurate and negative.

My heart goes out to the families on both sides of this case. The Supreme Court's decision affects them directly. This decision could also affect every Native American by altering our very fragile right to be self-­‐ determining. Every tribal government and American Indian should take heed of this decision because it has the potential both to weaken our right to determine the fate of our own children and to erode the unique status tribes hold within the U.S. federal system of governments-—our inherent right to political and cultural autonomy.

I have dedicated my life's work to advance human rights, especially the rights of Indigenous peoples, due to a strong sense of my cultural identity imparted to me by my many Comanche relatives and the grandparents who raised me, Wakeah and Tabbytite. I have used the Comanche values they instilled in me to help create positive change. The United States needs diverse perspectives to ensure that cultural values are an integral part of the political and social fabric of our country. We all lose if we continue to allow Native American children to be separated from their culture and value systems.

I am as concerned about Baby Veronica as I am about the thousands of other Indian children in the system. The Supreme Court needs to consider the broader implications of ICWA and rule to protect our rightful place as autonomous and self-­determined peoples.

LaDonna Harris is an enrolled citizen of the Comanche Nation and president of Americans for Indian Opportunity (www.aio.org). As a national leader, Harris has influenced the agendas of the civil rights, feminist, environmental and world peace movements. She was a founding member of Common Cause and the National Urban Coalition and is an ardent spokesperson against poverty and social injustice. As Caucus. As the 1980 Vice Presidential nominee on the Citizens Party ticket with Barry Commoner, Harris firmly added environmental issues to that and future presidential campaigns. She has used her influence to promote world peace as former U.S. Representative to UNESCO and the Organization of American States Inter--American Indigenous Institute. Today, she heads an international Indigenous values—based leadership development initiative, the Ambassadors Program.


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Anonymous's picture
I know the feeling with having your child removed and adopted out.. I am Cherokee but because I don't have a Federalize Native American Card I nor my daughter was not even looked at as a Cherokee.. She was adopted by a white family who a month later divorce due to the father being gay and the mother didn't know.. I don't get to see her or help with her to learn the ways of our people.. She go's to a white man's church which I see is fine.. She is very happy and well taken care of.. I don't like the lies that were told of me to have her as I see it SOLD.. Missouri isn't a very good state to live if you are native and have no card.. My daughter is going on 11 this fall.. She was 3 when they adopted her and were allowed to change her name because they didn't like it.. Sierra Brooke was a strong native name now it is Sara Bella.. I would give everything I have to have her back with me or to at least get to see her yearly to teach her our ways.. AHO!!
Anonymous's picture
Anonymous's picture
I myself am a victim of ICWA, I have applied for foster parent application and have gotten one which I applied for because I wanted to care for my two grandsons, now they give them to the foster parents. We are all enrolled in the Chippewa Tribe.
Anonymous's picture
To my knowledge this Child was not "taken" from her Indian family she was given up for adoption by the birth mother who had relations with a young man who was of Indian decent who wanted nothing to do with the child. The Birth mother was only doing what was right for the child and her. Therefore, making a good life for her child with people who could provide for her beloved child, and who love her very much. These stories make it sound like she was ripped from the clutches of her Indian parents when in fact she was ripped from the clutches of her adoptive mom and dad.
Anonymous's picture
There are not many Indian families to adopt our children, that being said I believe that our children should stay in our own culture if possible, i have 2 grandchildren out there in a white home, and I would of rather they be taught our culture ways and traditions.