Marcia Zug on Slate Supporting the South Carolina SCT ICWA Decision

Here.

An excerpt:

Veronica’s case is deeply troubling, and our hearts should go out to all involved, but the problems it highlights are not problems with ICWA. Rather, her case reveals the problems with ignoring ICWA. This case agonizingly demonstrates the importance of observing ICWA’s placement and termination procedures in order to prevent impermissible adoptions from occurring and then being invalidated later. Everyone involved in Veronica’s adoption knew she was an American Indian child, and if the ICWA requirements had been followed, Veronica would not have been placed with the Capobiancos in the first place. It was because of this mistake that Veronica was 2 years old rather than an infant when she was reunited with her father. The lesson from Veronica’s case is not that ICWA is some obscure loophole that should be closed. Rather, the ongoing court battle demonstrates that ICWA is a pivotal piece of American Indian legislation that cannot be ignored without traumatic consequences.