Teen Vogue: The Supreme Court and the Indian Child Welfare Act: What’s at Stake in Brackeen Case

Under the ICWA, a child’s tribe is notified and given control over the adoption process; the ICWA also prioritizes placement with a child’s family or, if the former two are unavailable, tribal members and other Native tribes. These preferences don’t mean that a child must be placed in a Native home, but the process does recognize tribal sovereignty and defers to its authority.

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