In light of the recent California court case which involves the now four year old little Girl Lexi Page, who was recently removed from the care of her non-native foster parents and given to her tribal Choctaw relatives in the state of Utah where they are from. The Indian Child Welfare Act or "ICWA" is under attack again due to this particular case, as well as other cases in the past under different circumstances.
One common theme in these cases has to do with the notion of doing "what is in the best interest of the child" a consistently used legal phrase in most states in the country applied in family law. However, the phrase goes against tribal belief system in that the phrase come from western ideology. This is where these attacks on the ICWA law are stemming from. The belief by a "dominant culture" that Western logic where children and family structure are understood is better than that of a tribal culture and community. Non-native Foster Parents who understandably grow attached to children in their care feel the law does not serve the interest of indian children who they are caring for when it comes time to return the child to the tribe. The ICWA law was created 30 years ago when children were routinely taken from tribal families, and out of their cultural surroundings to " This section of our website is here to serve as a resource for people who want to truly understand the ICWA law, and is also a place to dispel the mistruths that some foster care parents have been saying publicly about the law, confusion over state vs federal application of the ICWA law, and the agenda's of the news media to favor non-native parents over other qualified tribal relatives in their reporting.