Native American children in California’s foster care system are frequently placed in non-relative, non-native homes. Although the U.S. Supreme Court upheld the 1978 Indian Child Welfare Act, ensuring child welfare agencies investigate ancestry, contested cases still emerge. This story explores the long-standing issues and the ongoing fight to protect Native foster care rights in California. Read the full story.
Video Transcript
Over half of Native American youth in California’s foster care system end up in non-relative and non-Native households, a number that has remained relatively steady in the past decade, according to state data analyzed by researchers at UC Berkeley. For over a century, California and other states forced Native American youth into boarding schools and placed them into a foster system that often left them without any ties to their communities.
The issue of child custody in Native Americans has long been a point of painful history in the United States. In June 2023, the U.S. Supreme Court upheld the 1978 Indian Child Welfare Act, which regulates the removal and out-of-home placement of Native children. The California Supreme Court reinforced those rules in a new decision, stressing that child welfare agencies must investigate whether children have Native American ancestry before placing them in foster care.
However, contested cases continue to appear regularly before California courts, where state protections are stronger than federal law. The Los Angeles Department of Children and Family Services, in 2019, accused two children’s parents of substance abuse and domestic violence, eventually getting their custody terminated in court. Their mother has not indicated in court documents that she is Native American, but she appealed the decision on the grounds that officials did not complete a proper inquiry into her children’s heritage.
Two dissenting justices blasted the majority for taking an approach that needlessly condemns these children and others like them to more uncertainty, more instability, and more trauma. The children at the center of the case are now in their grandparents’ custody.
Native Americans have long argued that they have a necessary stake in ensuring the well-being of Native youth and that social workers must make good faith attempts to inquire about ancestry.
For CalMatters, I’m Shaanth Nanguneri.