Opinion: Indian Child Welfare Act places Indian children last

In a recent commentary, attorneys Tobias Rushing and Robert Moddelmog criticized Herald columnist Lloyd Omdahl’s column about the Indian Child Welfare Act.

Omdahl had written that ICWA is “sacrificing children to protect the heritage of the tribes."

Rushing and Moddelmog noted that “the findings of Congress’ Indian Child Welfare Act Commission of 1973 show … the contrary.”

I am sure it is not lost on readers that the commission’s findings are 40 years old. Now let’s discuss today.

I’m appalled that attorneys would make the absolute statement that “an abusive Indian family does not take precedence over a safe non-Indian family, ever.” According to the criminal complaint, a two-year-old girl died after being thrown down an embankment at Spirit Lake just last month. If the police report is accurate, then clearly, an abusive extended family DID take precedence over a safe non-Indian family.