[Congressional Record Volume 142, Number 59 (Thursday, May 2, 1996)]
[House]
[Page H4400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      COURTS HAVE MISAPPLIED ICWA

  (Ms. PRYCE asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. PRYCE. Mr. Speaker, the Indian Child Welfare Act was intended to 
protect Indian children from being removed from their families and 
their heritage, as well it should. But, unfortunately and tragically, 
this well-intentioned legislation has been misapplied due to a lack of 
definition as to its scope and its application.
  Last year the Minnesota Supreme Court heard a case that involved 3 
little sisters who had lived in 18 different, yes, 18 different foster 
homes. But their tribe argued that permanency was a, quote, Eurocentric 
value, and could not be imposed on the tribe or the Indian children, 
and the court agreed.
  Although the children exhibited many emotional problems, the court 
found that the tribe could still deny their adoption by non-Indian 
parents who wanted to provide the permanency and security of family 
life that children so desperately need. The court ordered them returned 
to yet another foster home.
  Mr. Speaker, child welfare must put the welfare of children first. 
Study after study shows that above all children need permanency and 
security. The Indian Child Welfare Act, as it is being applied today, 
does not do that.
  I urge my colleagues to join me in helping put the needs of children 
at the top of our public policy debate. All children deserve a loving, 
nurturing and permanent home no matter what their race, creed, color or 
religion. Support the adoption legislation next week.

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