AVCP celebrates the U.S. Supreme Court upholding the Indian Child Welfare Act

The Association of Village Council Presidents joins Tribal Nations and Tribal Organizations across Indian Country in celebrating the U.S. Supreme Court’s decision to uphold the Indian Child Welfare Act (ICWA). This is a victory for Tribal Sovereignty and for our Tribes, Tribal families, and Tribal children. ICWA has long been considered the gold standard of child welfare and remains so today.

“Today’s decision in Haaland v. Brackeen confirms that we have long known—ICWA is constitutional! Our children are vital to our Tribes and ICWA ensures that Tribes can stand up for our children in the foster care system.” – Vivian Korthuis, Chief Executive Officer AVCP.

Earlier this year, AVCP joined the amicus brief of almost 500 Tribes and 60 Tribal Organizations supporting ICWA and explaining the political relationship of Tribes to the Supreme Court. We thank the Native American Rights Fund and other coalition partners for their work supporting Tribes. AVCP recognizes that Brackeen is only the latest attack on ICWA and AVCP will continue to fight for our Tribes and our children.

In a concurrence, Justice Gorsuch explained: “In adopting the Indian Child Welfare Act, Congress exercised that lawful authority to secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history.”

ICWA has been the law of the land for over 50 years to protect the best interest of Native children and to promote the stability and security of Indian families and Tribes. ICWA’s standards prevent unwarranted removal of our children from our families and Tribal communities in state child welfare and adoption proceedings.