American Indian Child Adoption Law Found Unconstitutional

A federal law aimed at giving American Indians greater say over how states handle adoption of minor tribal members was set back, when the en banc Fifth Circuit agreed with Texas and several other states that parts of the Indian Child Welfare Act are unconstitutional.

ICWA was adopted after Congress determined a large number of American Indian families were needlessly broken up and the children placed for adoption with non-Indian families. The states’ child custody proceedings failed to recognize “the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families,” lawmakers said. ...