Tribal Self-Determination in Child Protection in the United States: Returning to Cultural Foundations

The aim of this paper is to highlight Tribes’ efforts to Indigenize their child welfare systems through the instrument of Tribal law. Since its founding, the United States has strategically focused on Native children in its efforts to assimilate Native Peoples. By the mid-twentieth century, federal and state governments removed nearly one in four Native children from their homes—and permanently placed most in non-Native care. In 1978, Congress recognized Tribes’ inherent authority to protect their children through the Indian Child Welfare Act. Tribal nations responded by creating their own child welfare laws and programs, but at least initially, most were not predicated on their respective Tribes’ cultures, values, and worldviews. This article considers the more recent shift among Tribal nations toward Indigenization of their child welfare systems and points to examples of this shift found in Tribal law. It reviews statements of purpose within the codes, which lay the groundwork for culturally infused child protection; statements about “best interests,” which communicate Tribal concepts about the foundations of children’s wellbeing; and definitions of “family,” which can vary greatly from western views. Reflection on these changes yields several lessons for U.S.-based Tribal nations in their ongoing efforts to promote their own visions of child wellbeing and, more generally, for other governments whose responsibilities include improving child welfare.