JUNEAU, AK (June 15, 2023) – The Central Council of the Tlingit & Haida Indian Tribes of Alaska (Tlingit & Haida) celebrates the United States (U.S.) Supreme Court’s ruling in Haaland v. Brackeen that upholds the Indian Child Welfare Act (ICWA).
The Brackeen case challenged the constitutionality of ICWA, arguing it violated the U.S. Constitution by discriminating on the basis of race and forcing the states to carry out federal mandates for the foster and adoption placement preference of Native children.
“Today the Supreme Court upheld ICWA and today they upheld tribal sovereignty,” said President Richard Chalyee Éesh Peterson. “Our sovereignty was tested, and it was ICWA that won the day and was our truest expression of our sovereignty. Our staff are on the frontline, their work preserves our families, and that is indeed our responsibility to protect and defend our citizens.”
Congress enacted ICWA in 1978 in response to the egregious assimilationist policy of public and private removal of Native children from their homes. The law established minimum federal standards for removing Native children from their families and required state courts to notify tribes when an Indian child is removed from his or her home.
“I feel like we can all finally breathe a sigh of relief knowing the constitutionality of this landmark law has been upheld,” said President Peterson. This is welcomed news for tribes, our children and families, and future generations. We are sovereign nations with more than 10,000 years of history and have the right to self-determination. We not only have the right, but more importantly, we have the obligation to stand for our children and families and ensure that generations of historical trauma and cultural genocide through acts of assimilation end.”
ICWA provides the general framework for the State’s tribal child welfare system and is a proven, critical tool for ensuring better outcomes for tribal children and for preserving tribal sovereignty, tribal culture, and tribal tradition.
The State of Alaska has made progress in working with Alaska tribes to preserve Alaska Native families through the Alaska Tribal Child Welfare Compact of 2017 and HB 184 – State Tribal Child Welfare Compact (AS 47.05.110) which was signed into law in 2022.
President Peterson said he’s disappointed there wasn’t more support and proactive action from the State of Alaska while the Brackeen case worked its way through the lower courts up to the U.S. Supreme Court. The State of Alaska chose not to sign the final brief that was submitted to support ICWA.
“Alaska tribes need reassurance from the Office of the Governor the State of Alaska will honor the intentions of ICWA and reaffirm its commitment to protecting the well-being and best interest of Alaska Native children and families, and recognizing the inherent rights of tribal nations to be involved in child welfare matters involving their citizens,” said President Peterson.
If you are interested in making a difference in a child’s life and would like to ensure our children are engaged and connected with their culture and traditional tribal values, please consider becoming a foster parent. For more information, contact Tlingit & Haida’s Foster Care Licensing program at fostercare@ccthita-nsn.gov or 907.463.7169.
