States push to enshrine more protections for tribal children

HELENA, Mont. — Leo Thompson received plenty of love, food and shelter from the non-Native American family who raised them, but missed out on exposure to their culture, heritage, ancestors and community.

“The only time they acknowledged my heritage was when they’d make passive comments like, ‘Oh, you know, you’ve always liked that Native American stuff,’” said Thompson, who lives in Missoula, Montana. “That stuff that they so casually referred to is not casual at all. It’s the practices of my ancestors. It’s the very same culture that’s healed my soul. Reconnecting with my heritage as an adult has been a long and arduous journey.”

Montana is one of a handful U.S. states — along with Wyoming, Utah and North Dakota — considering legislation this year to keep more Native American children from enduring similar experiences by including provisions of the U.S. Indian Child Welfare Act in state law.

The states are driven by concerns that Supreme Court challenges have put the federal law in jeopardy. During a hearing last year, the justices seemed likely to leave in place most of the law that gives preference to Native American families in foster care and adoption proceedings involving Native children. The law also requires child welfare agencies to provide services to help Native families move toward reunification.

Ten other states have similar laws in place, including New Mexico, whose law took effect this year, and they too could be affected, depending on how the justices rule. Most federally recognized tribes want the act upheld, fearing that an adverse ruling could dismantle a whole range of federal laws based on their political relationships with the U.S. government.