CNAIS Core faculty and CU Law faculty, Kristen Carpenter published the following article:ÌýIndian Status Is Not Racial: Understanding ICWA as a Matter of Law and PracticeÌýin CATO-Unbound in August, 2016
ICWA was passed by Congress in 1978 to address a national crisis. Surveys by the Association for American Indian Affairs revealed that, in 1969 and 1974, 25-35% of Indian children in the United States were being removed from their homes, and 80-90% were placed in non-Indian homes. In Minnesota, Montana, South Dakota, and Washington, Indian children were placed outside their homes at five to nineteen times than that of the non-Indian rate. In Wisconsin, Indian children were at risk of being separated from their families at a rate 1600 times greater than non-Indian children.
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