Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
8-16-2021
Document Type
Article
Citation
Nebraska Law Bulletin (August 16, 2021)
Abstract
The Indian Child Welfare Act (ICWA) was enacted to curtail the removal of Indian children from their tribes and families by allowing tribes to have jurisdiction over custody proceedings involving Indian children; it ensured the security of tribes by allowing them to pass Indian culture down from one generation to the next. The chances of Indian survival, as noted by Calvin Isaac, are significantly reduced when Indian children are raised in non-Indian homes or denied exposure to their heritage. Although some states have complied with the spirit of the ICWA, other states have created the existing Indian family (EIF) exception to avoid it altogether. The EIF exception runs afoul to the ICWA and risks a return to the pre-ICWA era, where Indian children were intentionally taken from their homes to dimmish tribal nations. To ensure the survival of Indian tribes and compliance with the ICWA, federal and state legislation should be passed to protect Indian children, their families, and tribes. The EIF exception is in direct conflict with the ICWA and threatens the future of Indian tribes everywhere.
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