indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court declines petition in Indian Child Welfare Act case

Filed Under: Law | National
More on: choctaw, icwa, supreme court
     
   

A message to the conservative Goldwater Institute, which is challenging the constitutionality of the Indian Child Welfare Act. Photo: Defend ICWA

Tribes can breath a sigh of relief now that the U.S. Supreme Court has refused to hear a high-profile Indian Child Welfare Act case.

Without comment, the justices on Monday declined a petition in R.P. v. LA County Department of Children and Family Services. That means a Choctaw Nation girl will remain with her relatives instead of being displaced by a non-Indian foster couple.

"The only reason there was a media-fueled tragedy is because counsel for the foster family pointed at the act and the Choctaw Nation to incite race-based animosity when the facts and the law were not in their favor," professor Matthew L.M. Fletcher wrote in a letter to the American Bar Association Journal in response to what he said was a biased article about the dispute.

The last ICWA dispute that went before the high court was Adoptive Couple v. Baby Girl. By a 5-4 vote in June 2013, the justices forced a Cherokee Nation citizen to give up his daughter to a non-Indian couple.

Tribes and their advocates were worried about a repeat of the situation because the attorney who represents the couple in R.P. also represented the non-Indian mother in Adoptive Couple. Conservative organizations are also attempting to weaken ICWA through the courts and by influencing public opinion about the law.

Congress passed ICWA in 1978 to prevent Indian children from being taken from their families and their communities. Despite the law's mandate, a number of states and adoption agencies continue to face compliance problems.

Related Stories:
Native Sun News Today: Big decision in Indian Child Welfare Act case in South Dakota (12/27)
Native youth remain hopeful as nation transitions to new president (11/30)
Republicans get behind Donald Trump as new challenges emerge for tribes (11/18)
Shingle Springs Band asserts jurisdiction in child welfare dispute (10/31)
California's highest court won't disrupt placement of Choctaw Nation girl (09/15)
Matthew Fletcher: The Supreme Court and Indian Child Welfare Act (08/24)
Training sessions planned for final Indian Child Welfare Act rule (07/22)
California remains a battleground for Indian Child Welfare Act (07/21)
Delphine Red Shirt: Our children need to be kept close to home (07/21)
Court won't disturb placement of Choctaw Nation girl in ICWA dispute (07/11)
Anti-Indian Child Welfare Act attorney continues to question law (06/10)
Final Indian Child Welfare Act rule goes into effect this December (6/9)
Bureau of Indian Affairs set to finalize Indian Child Welfare Act rule (6/8)
California court won't upset placement of Choctaw Nation child (03/31)
Conservative website urges readers to contact Choctaw Nation (03/24)
Anti-Indian Child Welfare Act lawyer pursues appeal in California (03/23)
Anti-Indian Child Welfare Act attorney takes on another dispute (03/22)
Court in California won't let Choctaw girl be placed with relatives (8/19)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lakota Country Times: New Oglala Sioux leader encourages youth (1/20)
Native Sun News Today: A new leader for Great Plains tribal group (1/20)
Native Sun News Today Editorial: It's a new era for Indian Country (1/20)
Mark Charles: Decoding Trump's bid to 'Make America Great Again' (1/19)
Lakota Country Times: Another year of big news in Lakota territory (1/19)
Native Sun News Today: DefundDAPL billboard goes up in New York (1/19)
Vi Waln: Let's kick our smoking and tobacco habit in Indian Country (1/19)
Terese Mailhot: Native women care what happens to all our sisters (1/19)
Leonard Peltier remains behind bars as Obama rejects clemency (1/19)
Department of the Army takes the lead on Dakota Access Pipeline (1/18)
Dakota Access executive confirms crude already placed in pipeline (1/18)
Bureau of Indian Affairs releases annual listing of recognized tribes (1/18)
Lakota Country Times: Rosebud Sioux Tribe opens homeless shelter (1/18)
Native Sun News Today: Northern Cheyenne focuses on foster care (1/18)
Brandon Ecoffey: Be safe and be prepared as winter hits the plains (1/18)
Disenrollment epidemic affects dozens of tribes across the nation (1/18)
New battle opens as Dakota Access disputes environmental review (1/17)
Judge declines to block publication of Dakota Access Pipeline notice (1/17)
Standing Rock Sioux Tribe responds quickly to Dakota Access threat (1/17)
President Obama names first members of Native youth commission (1/17)
Tim Giago: Discovering a love for food at an Indian boarding school (1/17)
Lakota Country Times: Historic decision for Indian Child Welfare Act (1/17)
Native Sun News Today: Pine Ridge teams fight it out at the buzzer (1/17)
Delphine Red Shirt: Tournament is a testament to our Native youth (1/17)
Native Sun News Today Editorial: News for ranchers in the new year (1/17)
Gyasi Ross: Let's divest from DAPL and support Native owned banks (1/17)
Jeffrey Ostler/Nick Estes: Treaties and the Dakota Access Pipeline (1/17)
Mary Annette Pember: Bad River Band takes stand on oil pipeline (1/17)
Steve Russell: Resolutions for tribal leaders and even the Donald (1/17)
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.