APA applauds the Supreme Court for its recent ruling in the Haaland v. Brackeen case. By a 7–2 decision, the court upheld the Indian Child Welfare Actopens in new window (ICWA), the federal law that affirms the rights of tribal nations and keeps Native American children connected to their community. The case was brought by the states of Texas, Louisiana, and Indiana, and individuals who claimed the ICWA was unconstitutional. The case was brought after a Navajo baby boy was placed with a non-Native American family when the Texas state court terminated parental rights of the boy’s biological parents in 2017, and the Navajo Nation subsequently tried to intervene but was not successful in placing the child with a Navajo family.
APA, joined by the Society of Indian Psychologistsopens in new window (SIP) and the Texas, Indiana, and Louisiana Psychological Associations, filed an amicus brief in the case explaining that the ICWA’s placement preferences are in the best interest of the child. APA cited a large body of research showing that placing a Native American child with a Native American family promotes healthy psychological development. In contrast, placing a Native American child with a non-Native American family increases the risks of adverse outcomes for the child. The brief was cited in various news outlets, including The Wall Street Journal, and in Justice Neil Gorsuch’s concurring opinion.
The Supreme Court’s decision affirms the research cited by APA that the process of learning about one’s own cultural heritage results in substantial mental health benefits for Native American children. Research also confirms that Native American children realize these benefits more easily when they are raised by Native American parents. The decision will benefit Native American children and their communities to help ensure that their cultural heritage is preserved. The decision should also set a precedent for cases going forward that seek to preserve the cultural heritage of tribes or remove children from settings that would help them stay in their community.
This is an example of how APA works collaboratively with state, provincial and territorial psychological associations (STPA), SIP, and APA divisions to share psychological science related to decisions and policies impacting society. APA wishes to thank the divisions, the SPTAs, and SIP for their efforts on this issue.
For more information, contact Serena Dávila.
