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2023 Annual Supreme Court Review

Live at the National Constitution Center

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The Supreme Court Upheld the Indian Child Welfare Act

The Indian Child Welfare Act says that when placing Native American children in foster care adoption, a preference should be given for Native American families. The Burkines are a white family that took a Native American child into foster care and decided they wanted to adopt the child. Both of the biological parents, both enrolled members of tribes, agreed to the adoption through the child's best interests. But one of the tribes objected, saying that they had a Native American family in another state to adopted the child.

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