Goldwater Institute Says Part Of Indian Child Welfare Act Unconstitutional
A federal judge is weighing the legality of a law governing the placement of Native American children.
The 1978 Indian Child Welfare Act gives tribal courts the right to decide adoption and foster care placement of Native American children. But the Goldwater Institute is challenging that right when it applies to cases where neither the biological parent nor the child has ever lived on the reservation. The only issue is their Indian blood.
Attorney Clint Bolick is asking Judge Neil Wake to declare that part of the law unconstitutional.