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Notes from America with Kai Wright

Why the Indian Child Welfare Act is the Gold Standard in Family Law

Notes from America with Kai Wright

WNYC Studios

News Commentary, Politics, History, News

4.41.5K Ratings

🗓️ 26 June 2023

⏱️ 33 minutes

🧾️ Download transcript

Summary

Allison Herrera, the Indigenous affairs reporter at KOSU, returns to the show to introduce us to Hodalee and Jamie Sewell, who are in the process of adopting their great niece– a baby girl. She’s a Cherokee Nation citizen, so that meant her social workers had to follow guidelines set out by the Indian Child Welfare Act (ICWA). Allison walks us through Sewell's adoption journey and what happens when ICWA works the way it’s supposed to.

Later in the show, Claudette Grinnell-Davis, professor of social work at the University of Oklahoma, joins Kai to explain what makes ICWA the gold standard in family law. ICWA was enacted after a congressional investigation found that more than a third of all Native children were removed from their families and placed with non-Native families or institutions without any ties to their tribes. While the federal Indian boarding school program had been phased out in the 1960s, the Bureau of Indian Affairs ran the Indian Adoption program and encouraged white families to adopt Native children. Congress finally acted in 1978 and passed ICWA, which recently survived a high stakes Supreme Court challenge.

Check out Allison Herrera’s reporting on the Indian Child Welfare Act:

'Today our heads are not bowed:' U.S. Supreme Court upholds the Indian Child Welfare Act

Oklahoma tribal leaders, advocates and Biden administration react to SCOTUS decision on ICWA

The Indian Child Welfare Act has been in place for nearly 45 years. Why is it being questioned now?

Companion Listening

Indian Boarding Schools Are Not Ancient History

Tell us what you think. Instagram and Twitter: @noteswithkai. Email us at notes@wnyc.org. Send us a voice message by recording yourself on your phone and emailing us, or going to Instagram and clicking on the link in our bio.

“Notes from America” airs live on Sunday evenings at 6pm ET. The podcast episodes are lightly edited from our live broadcasts. Tune into the show on Sunday nights via the stream on notesfromamerica.org or on WNYC’s YouTube channel.

Transcript

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0:00.0

We want our children and our grandchildren, but we are not allowed to keep them.

0:06.0

We do not get any kind of information from the county welfare.

0:10.0

All we could say is that they tell our Indian parents that they are not fit to raise their children.

0:15.0

These welfare people took me in and they wanted to take the child and ask the girl I can't let him go.

0:21.0

He went out and he grabbed the child.

0:23.0

Well, I was pregnant with Bobby and the welfare kept coming over there and asked me if I'd give him a fair adoption.

0:29.0

What's the difference between an Indian home where there's plenty of love?

0:33.0

If the child is barefoot, a little bit dirty, it's got jam on his nose, so what?

0:38.0

He's happy, I think.

0:40.0

And in white families, I've seen the same thing.

0:42.0

The kids are happy too.

0:44.0

They're barefoot out in the yards and times.

0:46.0

Everybody seems to be alright.

0:48.0

The parents scold them.

0:49.0

I don't see anything wrong.

0:58.0

It's Notes from America.

1:09.0

I'm Kai Wright.

1:11.0

Welcome to the show.

1:12.0

A few weeks ago on the show, we spoke with Alison Herrera, the Indigenous Affairs reporter at KOSU in Oklahoma,

1:19.0

about the federal Indian boarding school program and what reparation could look like for Indigenous families

1:25.0

who are still healing from the abuse of that program.

1:29.0

Alison joined us again this week to talk about the results of a different federal policy.

...

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