CERA's Letter on the ICWA to Congress

The Honorable...

    Citizens Equal Rights Alliance (CERA) supports attempts to revise the Indian Child Welfare Act (ICWA). Federal Indian Policy often gives power to tribal governments at the expense of personal rights. It's difficult to find a more poignant example of the bankruptcy of this policy than the inappropriately named Indian Child Welfare Act. This Act allows the interests of tribal governments to completely preempt any consideration of the needs of the children or wishes of the parents. Three-quarters of those classifying themselves as Indians have chosen to live off reservations. Many children can be enrolled in tribes with only a very small amount of Indian blood. If these children are in court, the ICWA allows the demands of tribal governments to usurp any other consideration for their welfare.
    We should have learned by now that governments make poor parents. In most cases, these children wouldn't be in court if they hadn't experienced very unfortunate circumstances and had special needs. Allowing the interests of any government to preempt the best interests of needy children is morally reprehensible. Allowing a lower standard of care for Indian children is also a form of discrimination against helpless, needy children.
    The ICWA should be amended to require every court to consider the best interests of the children involved. The wishes of and intentions of the parents should be considered. The Act should recognize that in the vast majority of cases the best interests of children is to be with their natural parents. When this is not possible, caring adoptive parents are the second best alternative. Maintaining children for extended periods in foster care has proven to be very damaging to children, and therefore to society.
    Citizen's Equal Rights Alliance is the only national organization composed of Indians and non-Indians dedicated to promoting equal rights and dignity in reservation areas. CERA believes in equal protection of the laws for all citizens. Equal protection requires that Indian children be given the same standard of care in our courts that non-Indian children receive.

    For the children's sake, please support changes in the ICWA that would put the needs of children and the rights of parents above the interests of government.

Sincerely,

Howard B. Hanson