This guest post was written by Tarynn Anderson.
Photo by Mark Holm for the New York Times
The article, Focus on Preserving Heritage Can Limit Foster Care for Indians, by Dan Frosch, published on January 26, 2013 in the New York Times, explores the importance of the Indian Child Welfare Act and how challenging it is to find appropriate placements for the disproportionate number of Native children who are in out of home care. The author suggests that there is a “chronic shortage of licensed Indian foster families” as well as an ongoing battle of poverty and substance abuse in the Native community which makes it difficult to find placements for Native children while abiding by ICWA. (Frosch, 2013).
A critical question is raised in this article; what is more important for the child, culture or development? Tribes believe that what is best for the child is to be with their people, raised in their native culture and community. Opponents would argue that a child’s emotional and developmental needs, as well as a safe and stable home take precedence over their cultural needs. Frosch outlined the controversial Baby Veronica case as an example of how ICWA is misinterpreted and unheeded.
Baby Veronica is the heart wrenching story about a native child who was caught in a custody battle between her biological father and her adoptive parents. Her biological mother is Hispanic and her biological father is an enrolled member of the Cherokee Nation. Her biological mother chose to place her for adoption without the consent of the biological father. Misinformation about the spelling of the father’s name and his date of birth was communicated to the tribe and they were initially unable to confirm that the father was enrolled in the Cherokee Nation. Baby Veronica was bounced between her adoptive family’s home and her biological father; no doubt causing extreme confusion and fear in the heart of this child. In the end, the Supreme Court ruled on behalf of the adoptive family. The Supreme Court determined this ruling because
The author addressed the complications that occur with foster care and adoption; especially in regards to ICWA cases. ICWA is a federal legislation that is largely misunderstood, and sadly, regularly disregarded. What the author did not address was the trauma that was inflicted upon Baby Veronica as she was bounced between her adoptive parents and her biological father. Baby Veronica was born in 2009 and the final ruling did not occur until 2013; the fight stretched out over a four year period. This innocent child was shuffled between care providers and homes at a time in her life when attachment bonds are pivotal to her development.