July 7, 2015, Goldwater Institute becomes the third to file a law suit to challenge the Constitutionality of the Indian Child Welfare Act (ICWA) and similar state laws that give abused and neglected Native American children fewer rights and protections than other American children. Part of this project will be a class action lawsuit. “When an abused child is removed from his or her home and placed in foster care or made available for adoption, judges are required to make a decision about where the child will live based on the child’s best interest. Except for Native American children. Courts are bound by federal law to disregard a Native American child’s best interest and place the child in a home with other Native Americans, even if it is not in his or her best interest,” said Darcy Olsen, president of the Goldwater Institute.
Millions of dollars, including your tax dollars, will be spent because the Bureau of Indian Affairs (BIA) exceeded its legal rule making authority and attempted to circumvent the legislative process in an effort to administratively overturn the 2013 decision of the US Supreme Court in Adoptive Couple v. Baby Girl (Baby Veronica).