The Supreme Court sounded split on a federal child custody law that sends Native American children to be adopted by tribal families.
Supreme Court justices sounded sharply split Wednesday on whether to strike down a federal child custody law that seeks to keep Native American children with tribal families.
Last week, the court heard arguments on whether to strike down the use of race as a factor in college admissions, and several of the conservative justices said the issue in Wednesday’s case looked similar. The 1978 law was an effort by Congress to impose minimum federal standards for those adoptions not handled by tribal courts, particularly in cases of governmental removal of children from their families because of safety or social welfare concerns. Among other things, the law requires notifying the tribe if a child of a tribal member is placed for adoption.
More than a third of Native American children were being removed from their families in some states, Congress said at the time. And 90% of those children were placed with non-Native American families. Critics of the law say it has sometimes worked against the best interest of the children by sending them to live with distant relatives they have never known, rather than allowing them to be adopted by their current foster families.
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