Saint Regis Mohawk Tribe Applauds SCOTUS Decision to Uphold Indian Child Welfare Act (ICWA)

Jun 15, 2023

AKWESASNE - On Ohiarí:ha/June 15, 2023, the U.S. Supreme Court upheld the Indian Child Welfare Act (ICWA), affirming the constitutionality of ICWA. ICWA governs out-of-home placements involving Native American children.

Enacted by Congress in 1978, ICWA has served to address the high percentage of Native American children that were removed from their Native families and communities through child custody cases and adoptions. Since its passage, ICWA has been a critical tool to address the historical injustices that have been perpetrated against Indigenous Peoples. It sought to reverse more than a century of termination-era policies that were designed to end tribal sovereignty. Through Indian Boarding Schools and other efforts, the U.S. Government’s goal was to disrupt the strong familial and cultural ties of Indigenous communities by erasing the identity of Native children.

Today, ICWA continues to be an essential resource and much-needed source of support for Native children navigating their way through the traumatic and isolating child welfare process. It prioritizes the best interests of the Native child by serving as a “built-in” family component when a child feels alone. It allows tribal organizations to work in cooperation with outside, and often overextended, social service agencies.

With the backing of the federal law, the Saint Regis Mohawk Tribe’s ICWA Program has provided vital representation and supportive services to Native children. Since 1987, the tribal program has been involved with child welfare systems statewide and nationally in cases involving a Native child who was enrolled or eligible for tribal enrollment.

“It is with profound relief and validation to hear that the United States Supreme Court has upheld ICWA. Not only a gold standard of child welfare practice, but also an essential right for our children and future generations. ICWA has been integral in supporting our commitment to our Mohawk children’s best interests and well-being, and has guided our efforts over the last 45 years. Knowing that we have the support of SCOTUS is momentous. Today serves to validate the work that has been done and leaves us inspired to do the work that is left to do,” noted Social Services Division Director Jade White.

“ICWA is possible and lasting because of our people opening up their homes both short and long-term to our most vulnerable population. When we are able to foster the minds of our children and connect them to our culture and traditions, they’re able to feed their identity and spirit in positive and healthy ways. We know this leads to higher levels of self-esteem, academic achievement, lower rates of suicide and depression, and just a general overall state of well-being. We fight for many reasons, but the safety of our children remains our highest and greatest priority,” stated ICWA Program Manager Sky Timmons.

During the past five (5) years; the ICWA Program has received 2,124 notifications from outside courts seeking to establish a child’s identity. As of September 30, 2022, the tribal program has attended 963 court proceeding and has succeeded in maintaining the tribal connection of 95 Native children through family reunification, custody, kinship guardianship, or adoption.

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The Saint Regis Mohawk Tribal Council is the duly elected and federally recognized government of the Saint Regis Mohawk Tribe.