Washington — The American Psychological Association and the Society of Indian Psychologists are gratified that the U.S. Supreme Court upheld the Indian Child Welfare Act’s child placement preferences, concluding that it is in the best interests of Native American adoptive or foster children to be raised by Native American families in homes where they can develop a strong cultural identity.
The ruling came in the case of Haaland v. Brackeen, which sought to determine whether state courts should continue to require that preference be given to Native American families when they seek to adopt or foster Native American children. APA and SIP filed an amicus brief in the case.
In a concurring opinion supporting the court’s ruling, Justice Neil Gorsuch cited the APA-SIP brief for the proposition that “considerable research ‘[s]ubsequent to Congress’s enactment of ICWA’ has ‘borne out the statute’s basic premise’—that ‘[i]t is generally in the best interests of Indian children to be raised in Indian homes.’”
“We are pleased that the court’s decision will mean that state courts must continue to prioritize placing Native American children in households that reflect their cultural background and where they will be more likely to thrive,” said APA President Thema Bryant, PhD. “Our stance was based on scientific research showing that Native American children are more successful and resilient when they are raised in households with elders and access to extended family networks who can teach them their history and culture.”
“We appreciate that the court acknowledged that the routine placement of American Indian and Alaska Native children outside our community threatens the continued viability of that community, which psychological science shows may contribute to their impaired physical, spiritual, mental and emotional health,” said SIP President Joseph P. Gone, PhD. “We expect this decision to help keep American Indian and Alaska Native families intact in their communities and to minimize state government placements of such children outside their communities.”
The APA-SIP brief—which was joined by the Indiana, Louisiana and Texas Psychological Associations—noted that researchers have found that “the formation of an Indian identity through enculturation—i.e., the process of learning about and adopting features of one’s cultural heritage—provides Indian children with substantial mental health benefits, including increased self-esteem and resilience.” Enculturation also has been shown to bolster resilience among Indian children and protect against the adverse effects of discrimination.
Research also confirms that Native American children realize these benefits more readily when they are raised by Native American parents. “By contrast, Indian children who lose their traditional cultural identity (or never adequately form such an identity) often suffer worse outcomes, tending to lose resilience, resorting to risk-taking behaviors as coping mechanisms and experiencing significant emotional distress,” according to the APA-SIP brief.