A recent ruling by the California Supreme Court has reinforced state protections for Native American families and children, ensuring that tribes have a stronger voice in child welfare cases. The decision, which came in August, places greater responsibility on child welfare agencies to investigate Native American ancestry before placing children in foster care, further bolstering the rights of tribes to keep families together.
For nearly a century, Native American children were forcibly removed from their families and placed in boarding schools or foster care systems designed to erase their cultural identities. These practices, widespread across the United States, caused generational trauma and deep-rooted damage to Native communities. It wasn’t until the 1970s that federal laws began to provide protections, requiring child welfare agencies to consider Native ancestry and prioritize keeping children with their communities.
California’s new ruling strengthens those federal protections, making it clear that social workers must conduct a thorough investigation into a child’s Native American heritage before taking custody actions. The court’s decision is seen as a significant step forward in preventing the separation of Native children from their families and tribal communities.
The case that led to this landmark ruling involved a Los Angeles mother, Angelica A., whose children were removed from her custody in 2019 due to allegations of substance abuse and domestic violence. While Angelica A. did not claim Native American heritage in court documents, she appealed the decision on the grounds that child welfare officials had failed to properly investigate her children’s potential Native American ancestry. Her last name is not listed in court documents for privacy reasons.
By a 5-2 majority, the California Supreme Court agreed with the mother, ruling that the Los Angeles Department of Children and Family Services (DCFS) had not made sufficient efforts to inquire about the children’s Native heritage. Justice Kelli Evans, who wrote the majority opinion, highlighted that the department’s investigation had only extended to the parents, ignoring other relatives, including the children’s grandparents and extended family, who could have provided valuable information about the children’s potential tribal connections.
The court’s decision sends a strong message to child welfare agencies: they must take extra steps to investigate Native American ancestry, especially when there is a possibility that a child may belong to a tribe. The ruling emphasizes the importance of safeguarding tribal rights and keeping Native children connected to their heritage and communities.
This ruling could have far-reaching implications for future child custody cases in California, especially in cases involving Native American families. It calls for a more thorough and inclusive inquiry into a child’s background before any foster care placement is made, ensuring that families and tribes are given the proper consideration.
Advocates for Native American children have long argued that tribes must be given more influence in child welfare proceedings to prevent the historical pattern of forced assimilation and separation. The new ruling is a significant step in strengthening tribal sovereignty and ensuring that Native American children stay connected to their cultural roots.
California’s child welfare system has become a leader in addressing the needs of Native American children, and this ruling serves as a reminder that Native communities should have a central role in decisions about their children’s future.
Shiara Davila-Morales, a spokesperson for the Los Angeles Department of Children and Family Services, commented that the department was unable to provide a statement in time for publication, but the department’s review of the ruling is ongoing.
California’s Supreme Court decision underscores the importance of both federal and state protections for Native American children. By strengthening the requirement for child welfare agencies to investigate Native ancestry thoroughly, the court has helped to correct a long-standing injustice, providing a clearer path to keeping Native children with their families and communities.
The ruling serves as a powerful reminder that cultural preservation and family unity are fundamental rights for all children, especially those in Native American communities.
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