-
Essay / ICWA - 859
Case Name: Mississippi Choctaw Indians V. HolyfieldFacts: Large numbers of Indian children were separated from their families and tribes. These children were unfairly placed in non-Indian homes; through the state adoption process. Termination of parental rights was also taken into account. The Child Welfare Act of 1978 (ICWA) gave tribal courts exclusive jurisdiction over custody proceedings involving an Indian child living on a tribal reservation. This case involved illegitimate twin babies. The babies' parents were enrolled members of the appellant tribe. The twins were adopted and placed with a non-Indian family 200 miles from the reservation. According to the court's findings, the parents had never been physically present; therefore, the children were voluntarily abandoned by their parents. Case Background: Mississippi Choctaw Indians V. Holyfield involves the ICWA issue relating to this foster child case. Jennie Bell is a member of the Mississippi Band of Choctaw Indians; which is recognized at the federal level. Jennie Bell was pregnant with twins. The twins' father, however, was a married man and had his own children with his wife. Since she was unemployed, she knew she wouldn't have the economic resources to raise two children on her own, so she turned to her family and the Choctaws on her reservation. Although she asked her family and others on her reserve for help, no one was willing to take in her two children. When one couple, the Holyfields, heard about the children, they immediately considered adoption. This non-Indian couple adopted the children. The court issued a legal order for the adoption in 1986. The Choctaw Tribe said the ...... middle of paper ...... voluntarily. In other words, they were sort of legally abandoned. were affected by the removal of their people from the reservation. What has been done is irreversible, but it is now possible to prevent this from happening again to other families in the United States. To some extent, I can accept the Supreme Court's decision regarding child custody. The mother of the two children effectively abandoned them without thinking of the consequences of her actions. However, ICWA has helped many people with their cases and certain decisions. Even if we can't reverse the past, there are still ways to incorporate our support to fix the way the system works..