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Tribes, states seek review of Native child adoptions case

Gavel generic
Posted at 12:53 PM, Sep 08, 2021
and last updated 2021-09-08 15:53:28-04

FLAGSTAFF, Ariz. (AP) — The U.S. Supreme Court has been asked to review a case that centers on whether Native American families should receive preference in adoptions of Native children.

The 5th U.S. Circuit Court of Appeals issued a sharply divided ruling in April over the federal Indian Child Welfare Act. The 1978 law gives Native American families priority in foster care and adoption proceedings involving Native children. The appeals court upheld the law and Congress' authority to enact it.

But the judges invalidated some of its placement preferences and found some provisions unconstitutionally control the duties of state officials in adoption matters. Four petitions seek review from the high court.

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