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Some different talking points about Indian Child Welfare Act

BY JOHNSTON MOORE Published: July 27, 2012

As an adoptive dad who nearly lost two children to the Indian Child Welfare Act, I too am familiar with the history behind this federal law.

In “Indian child law needs full compliance” (Point of View, July 20), Terry Cross presents the same arguments for ICWA as were given more than three decades ago. It's time for new talking points.

We live in a much different society than we did when children were being removed from reservations and Indian Country in large numbers, often for unwarranted reasons, and forced to assimilate into majority culture. Yet the application of ICWA has extended far beyond what Congress ever intended, and is harming countless children as a result.

Cross states that ICWA is based on “political” status, not race. Regardless, this political status is ultimately based on the child's race. A child's membership in a tribe is based on that child's blood connection to the tribe. Calling this racial status “political” is a convenient legal fig leaf concealing race-matching. This “political status benefit” means that Indian children wait longer to find adoptive homes.

Cross says the law is intended to “balance the rights of Indian children, Indian parents and Indian tribes.” Yet children's rights to secure, stable placements are ignored daily as ICWA's placement preferences are invoked. Children are ripped out of homes where they've formed deep attachments, all in the name of tribal sovereignty. Their rights as Americans mustn't be subjugated to their “rights” as Indians.

Cross states: “ICWA ensures that nobody … may infringe on a child's right to access the benefits of being a tribal citizen.” Should culture be forced upon a child who has never been a part of it? Like many children hurt by this law, my sons are multi-racial (6 percent Indian). They have a right to embrace all of their ancestry, not just their Indian ancestry.

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