By Howard Fischer | Capitol Media Services /Arizona Capitol Times
State and federal agencies are asking a judge to throw out legal claims by several Arizonans that a 37-year old federal law harms and illegally discriminates against Native American children.
In court filings Friday, attorneys for the Bureau of Indian Affairs and the state Department of Child Safety acknowledged the Indian Child Welfare Act does require state courts when placing Indian children for adoption to give preference to a member of the child’s extended family. That is followed by priority by other members of the child’s tribe and, ultimately, other Indian families.
But they told U.S. District Court Judge Neil Wake that Congress had a valid reason for approving the law.
Comments by Kaine Fisher, Rose Law Group partner and director of Family Law:
“I am of the mindset that in custody and adoption cases considering what is in a child’s ‘best interest’ is paramount, and further, that not one class, whether politically, racially or otherwise situated, should change that. It may be true that generally placing Native American children within their own tribe may ultimately be in their best interest, however, making this a hard and fast requirement, thus ignoring the possibility of other viable and better options, can be problematic.”
