The Indian Child Welfare Act and Justice

On the heels of a colonial project aimed at breaking apart the family to disassemble Indian Tribes, how does the federal government remedy its own broken promises to those it owes a trust responsibility? In large part this is the story of the Indian Child Welfare Act (“ICWA”) and why it is facing some of its current challenges in cases such as Haaland v. Brackeen, currently before the United States Supreme Court. In this talk, Professor Neoshia R. Roemer will discuss the basics of ICWA, including the historical context that led to ICWA and what it does as a tool of both federal Indian law and family law. Further, Professor Roemer will discuss the challenges that arise in Brackeen and why these challenges stand to damage both federal Indian law and family law—and how some states, Tribes, and organizations are already looking ahead to ensure the ongoing protection of Indian children and families. Please note registration for the webinar is required.