Cook reiterates support for Indian Child Welfare Act

With the U.S. Fifth Circuit Court of Appeals’ reconsideration of a case challenging the legality of the Indian Child Welfare Act (ICWA), U.S. Rep. Paul Cook (R-CA) said he stands behind the constitutionality of the law.

“As long as I’m in office I’ll stand behind the legal concepts and traditions that benefit our native peoples and allow them to persist despite tremendous odds,” Rep. Cook said on Tuesday.

The Fifth Circuit on Wednesday in New Orleans held a rehearing of Brackeen v. Bernhardt, a case challenging the constitutionality of the ICWA, which establishes federal standards for the placement of indigenous children in foster or adoptive homes.

The plaintiffs, Chad and Jennifer Brackeen, along with attorneys general from three states and representatives from four Native American tribes, filed the suit last year against David Bernhardt, Secretary of the U.S. Department of the Interior, among others. The parties now await a ruling at an undetermined date.

“The Indian Child Welfare Act is critical for the future of tribes, tribal families, tribal sovereignty and most importantly, tribal children,” said Rep. Cook. “ICWA’s success is undeniable, and it has become the gold standard for child welfare practices by the nation’s most respected child advocacy organizations.”

The congressman recalled that earlier in his career, he authored a bipartisan bill on tribal customary adoption that taught him “firsthand the importance and sensitivity of ICWA within tribal communities.”

Today, as the ranking member of the U.S. House Natural Resources Subcommittee for Indigenous Peoples of the United States, Rep. Cook said he stands for “protecting the best interests of Indian children, and I’m hopeful the Fifth Circuit will again honor the constitutionality of ICWA.”