Native child welfare law faces Supreme Court challenge

FLAGSTAFF, Ariz. (AP) — The U.S. Supreme Court is set to hear arguments Wednesday on the most significant challenge to a law that gives preference to Native American families in foster care and adoption proceedings of Native children.

The outcome could undercut the 1978 Indian Child Welfare Act. It was enacted in response to the alarming rate at which Native American and Alaska Native children were taken from their homes by public and private entities. Tribal leaders have long championed the law as a way to preserve Native families, traditions and cultures.

Three white families, Texas and a small number of other states claim the law is race-based and unconstitutional.

November 11, 2022