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Sept. 8, 2022
Contact: Jake Sunderland, Communications.DHS@dhsoha.state.or.us
(Salem) – The Oregon Department of Human Services (ODHS) applauds Oregon Attorney General Ellen Rosenblum for her defense of the constitutionality of the federal Indian Child Welfare Act of 1978. Last week, Attorney General Rosenblum and 22 other state Attorneys General submitted a brief before the US Supreme Court in support of the law.
The federal Indian Child Welfare Act was passed by Congress in 1978 to provide statutory protection to Tribal families, keep Tribal children connected to their cultural roots and to preserve the future of Tribal nations. Before the federal act passed in 1978, generations of Tribal children across the country were removed from their families and communities, often placed permanently without connection to their Tribal culture and families.
The constitutionality of the federal act will be challenged before the U.S. Supreme Court in November 2022 during oral arguments for the Haaland v. Brackeen case.
In 2020, the Oregon Legislature passed the Oregon Indian Child Welfare Act, which created a state-based Indian Child Welfare Act that aligned with the federal law while also honoring the unique needs and experiences of Tribal nations in Oregon. The Oregon Indian Child Welfare Act was strengthened during the 2021 Legislative Session.
Statement from Adam Becenti, ODHS Office of Tribal Affairs Director:
“National Child Welfare experts point to the federal Indian Child Welfare Act as the gold standard for child welfare policy that keeps Tribal families intact, preserves Tribal culture and upholds Tribal sovereignty. Oregon is one of a handful of states who have demonstrated an unwavering commitment to these principles by codifying these protections into state law.
Knowing that the U.S. Supreme Court will be hearing arguments against the Indian Child Welfare Act in November, my concern goes beyond the borders of the State of Oregon. If it is ruled unconstitutional, it will be detrimental to Tribal sovereignty with lasting impact to Tribal families and communities across the country.
As the director of the ODHS Office of Tribal Affairs I express gratitude for Attorney General Rosenblum’s position and encourage others to weigh in to help prevent the roll back of 44 years of progress, and to ensure Indian Child Welfare Act protections for all Tribal families living in the United States.”
Statement from Rebecca Jones Gaston, ODHS Child Welfare Division Director:
“In Oregon our Child Welfare Division Vision for Transformation commits us to dismantling the structures, underlying mindsets, and biases that have contributed to and continue to contribute to the oppression of and racialized and disparate outcomes for Tribal children and families.
We honor the sovereignty and self-determination of Tribal nations and are committed to government-to-government collaboration when working with Tribal nations to support the needs of Tribal children and their families.
When we do this, it helps keeps Tribal children in their families and communities who have always had the wisdom of how to raise them. This can be seen in Klamath and Lake Counties where our collaborative work with the Klamath Tribes to keep Tribal families together has decreased the number of Klamath Tribal children with open child welfare cases from 54 in 2017 to 22 in 2021.
The federal Indian Child Welfare Act and the Oregon Indian Child Welfare Act are critical laws that protect Tribal children, families and communities. I am grateful that Attorney General Rosenblum is committed to defending the constitutionality of the federal Indian Child Welfare Act.”
About the ODHS Office Tribal Affairs
The Office of Tribal Affairs within the ODHS Director’s Office is a team committed to all Oregon Tribal communities thriving mentally, physically, spiritually, and emotionally. Tribal Affairs works with all five ODHS programs to create and provide Tribally appropriate programming, services, policies and support. Through Tribal consultation with nine federally recognized Tribes of Oregon, ODHS ensures programming, services, and policies meet the needs of Oregon Tribal communities.
About the ODHS Child Welfare Division
The Oregon Department of Human Services, Child Welfare Division is transforming itself to best support the individual needs of families and to best serve Oregon’s children and young people. Read the Child Welfare Division Vision for Transformation and the Child Welfare Division Vision for Transformation Update to learn more.
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