Local tribes react to Supreme Court ruling on Native American children in foster care, adoption system

of all Native children were being removed from their homes, and 85 percent of them were taken outside their communities.Before ICWA was enacted, many of the taken children were placed in non-Native foster care or adoptive homes, leading to the loss of their tribal identity and connection to their communities.

Of the 11,721 children who were removed from homes between 2012 and 2022 in San Diego County and placed in foster care, 178 children were enrolled members of tribal nations, San Diego County Child Welfare Services data shows. Of those tribally enrolled children, 47 were adopted. ICWA requires that tribes be involved in decisions on the placement and care of Indigenous children who are involved in child welfare cases. The law applies only to children who are either enrolled in a federally recognized tribe or are eligible for enrollment.

The law also provides for certain procedural protections to be afforded to Indigenous families, including the right to legal representation and the right to challenge child welfare proceedings in tribal court. Mazzetti said he knows of several tribal members who reconnected to the Rincon Band and moved back to the Valley Center reservation years after being adopted by non-Native families.Ahead of the court’s decision, many Native American advocates worried it could have also put tribal sovereignty at risk.

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