The United States Supreme Court recently issued its opinion in the case of Adoptive Couple v. Baby Girl. This document is designed to: Summarize the decision—what the case held about the Indian Child Welfare Act (ICWA), what it did not hold, and what it implied. • Provide advocates for tribes, birth parents (particularly unwed fathers) and Indian children with possible responses to the decision, including: Legal arguments to address issues raised by the Court’s legal holding. Analysis of the potential for state law (primarily through state ICWAs or the equivalent) to address the issues raised by the United States Supreme Court decision, and minimize its negative impact upon tribes and Indian families and children. Information about tribal-state ICWA agreements and the role of such agreements in mitigating the effects of the Court’s decision.
Date: 2013