Brackeen v. Haaland: What Does the Future Hold for the Indian Child Welfare Act?

November is both National Native American Heritage Month and National Adoption Month. Tomorrow, November 9, the U.S. Supreme Court is scheduled to hear a case that has implications related to both, Brackeen v. Haaland, which concerns the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963. The ICWA governs the removal, placement, and return of Native American children in child welfare proceedings for both foster care and adoption. At issue on appeal is the constitutionality of the act’s child placement preferences, as set forth in 25 U.S.C. § 1915. This blog sets forth the ICWA’s child placement preferences and a brief procedural history of the case.

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