North Dakota’s Governor, Doug Burgum, has signed a law aimed at protecting tribal cultures by implementing the federal Indian Child Welfare Act into state legislation, according to a statement released by his office on Monday. The act, which took effect in 1978, calls for Native American families to be given priority in adopting and fostering Native American children. It was created in response to the excessive number of Native American and Alaskan Native children who were being taken from their homes by state and private agencies. Several other states, including Wyoming, Utah, and Montana, have also considered legislation to enact the act this year, as the Supreme Court of the United States has been challenging the federal law.
A small number of Caucasian families have claimed that the act is based on race and infringes upon the equal protection clause, rendering it unconstitutional. They’ve also asserted that it prioritizes the interests of tribes over those of children. The case has caused a split in lower courts, and the decision could undermine federal law. The tribes are also concerned that the justices’ decision will have a far-reaching influence on their ability to govern themselves.
The act’s supporters include Native American leaders who have long viewed it as a means of protecting Native families and preserving their culture. Non-Native families who have attempted to adopt American Indian children in emotionally charged court cases are among the law’s detractors. Mike Nowatzki, the governor’s spokesperson, stated that the new state legislation will safeguard “these critical safeguards for Native American children and families” in North Dakota regardless of the outcome of the federal court system’s ICWA.
