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Washington Supreme Court says Indian Child Welfare Act should be more broadly applied
Washington Supreme Court says Indian Child Welfare Act should be more broadly applied
By PAULA WISSEL • SEP 15, 2020
A Washington Supreme Court decision saying the Indian Child Welfare Act should be more broadly applied is being called a big win for Native American rights.
Congress passed the Act in 1978. Washington state has its own version as well, called the Washington Indian Child Welfare Act. What the welfare acts do is require that tribes be notified and allowed to intercede in child custody or loss of parental rights cases if the family has any tribal relationships.
The unanimous opinion was written by Washington’s first Native American justice Raquel Montoya-Lewis, who cited the long history of Native American children being taken from their communities.
The case before the court involved the removal of two toddlers from their Kent home in June 2018. Police cited "neglect and unsanitary conditions" as the reason for placing them in protective custody. During the hearing to see if they would be returned to their parents pending review of the case, both parents mentioned they had tribal heritage. The mother indicated she had a grandmother who was a Tlingit-Haida and the father said he had connections to the Umatilla band in Oregon.
[...]
By PAULA WISSEL • SEP 15, 2020
A Washington Supreme Court decision saying the Indian Child Welfare Act should be more broadly applied is being called a big win for Native American rights.
Congress passed the Act in 1978. Washington state has its own version as well, called the Washington Indian Child Welfare Act. What the welfare acts do is require that tribes be notified and allowed to intercede in child custody or loss of parental rights cases if the family has any tribal relationships.
The unanimous opinion was written by Washington’s first Native American justice Raquel Montoya-Lewis, who cited the long history of Native American children being taken from their communities.
The case before the court involved the removal of two toddlers from their Kent home in June 2018. Police cited "neglect and unsanitary conditions" as the reason for placing them in protective custody. During the hearing to see if they would be returned to their parents pending review of the case, both parents mentioned they had tribal heritage. The mother indicated she had a grandmother who was a Tlingit-Haida and the father said he had connections to the Umatilla band in Oregon.
[...]