North Dakota Law

Updates from the University of North Dakota School of Law.

Professor Dan Lewerenz featured on the talk show “All Sides with Ann Fisher”

Indian Child Welfare Act goes before the Supreme Court


The U.S. Supreme Court in November will hear oral arguments in a case challenging the Indian Child Welfare Act (ICWA).

The law was enacted in 1978 to make it more difficult to remove Indian children from their families, tribes and culture. At the time it was passed, 25 to 35% of all American Indian children were being taken from their families to be adopted, typically by non-native families, or placed in foster homes.

ICWA sought to prevent that by prioritizing relatives and other members of federally recognized tribes in child-custody proceedings.

The plaintiffs argue that the law unjustly takes race into account.

Today on All Sides with Ann Fisher, a look at the Indian Child Welfare Act.