Description:

In the 1978, the Indian Child Welfare Act (ICWA) became law — institutionalizing a sweeping set of race-based restrictions over how child welfare systems can treat Indian children. While the law was passed with the noble intent of protecting Native American cultures, its effects have been devastating, halting the protection of children in countless dangerous situations. Why is ICWA so harmful to children? How can lawmakers address the shortcomings of this law while supporting the preservation of Native American cultures? What is the likelihood the courts will strike down ICWA as unconstitutional for discriminating on the basis of race?

In this episode, Naomi and Ian are joined by Timothy Sandefur, vice president for litigation at the Goldwater Institute and an adjunct scholar at the Cato Institute. Timothy discusses the history of ICWA, the current crisis of unaddressed maltreatment among Indian children, and recent court decisions that give him hope that leaders are beginning to recognize the unconstitutionality of many provisions in this law.    

Resources:

The Indian Child Welfare Act: A law that paved the way for a 5-year-old’s death | Naomi Schaefer Riley | USA Today

Native American foster children suffer under a law originally meant to help them | Elizabeth Stuart | Phoenix New Times

Show notes:

01:08 | Why the Indian Child Welfare Act (ICWA) was passed in the 1970s and how it has shaped the child welfare system

07:00 | Is ICWA constitutional given its basis on race?

10:00 | The recent decision of the Fifth Circuit of Appeals to strike down the “active efforts” provision of ICWA

12:35 | The crisis of abuse among Indian children and the real-life implications of ICWA for these kids

17:20 How we can protect Indian children and also preserve the integrity of Native American culture

20:45 | Will the Supreme Court review ICWA in the near future?

24:05 | Does ICWA deter foster and adoptive families from trying to take care of Indian children?