An interesting and often overlooked aspect of the child welfare system is the cultural aspect. How are children from culturally rich backgrounds treated and taught? One way in which the law recognizes culture is with the Indian Child Welfare Act of 1978. This law protects the interest of Native American families and tribal interest in their children. It mandates that Native American children placed in foster care must be placed in a member of the child’s extended family, a foster home approved by the child’s tribe, a Native American foster home, or an institution for children approved by the tribe. As each tribe has unique customs, so do they require unique boundaries in regard to this law. Historically, the United States government has forced a tremendous amount of cultural genocide on Native American people in forms of land seizure, boarding schools, and many other offenses. This law attempts to protect the future of Native American tribes. While I wholeheartedly agree with this law and its motives, I have seen some problems attached to it. I worked with a Native American child, an Eeyore with two siblings, since I began volunteering at Casa de los Niños. They lived at the shelter for at least five months, much longer than the 21 day maximum goal, because there were no available foster parents or adoptive parents from their tribe. Eventually, the court overruled the law and allowed all three siblings to be adopted by a non-tribal family. I understand the importance of this law and the historical precedent, but I feel morally uncertain when this particular situation occurs. Is the preservation of culture a significant enough cause to warrant a detriment to a child’s development?

Sources:

https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/indianchildwelfareact.html

http://www.ncfs.navajo-nsn.gov/icwa.html