Work Continues to Protect Native American Children

DeCora Hawk

As the Supreme Court considers whether to gut the Indian Child Welfare Act (ICWA), two Native legislators in South Dakota are doing everything they can to preserve that critical law’s protections for our children at the state level. Predictably, though, it’s been a tough go. Just a week ago, the legislature failed to pass House Bills 1229 and 1168, both authored by Rep. Peri Pourier (from my home district of Oglala Lakota).

SB 1229 would have provided a set of instructions for placing any child, once removed from their home, within their community. SB 1168 would have increased the requirements for the state’s Department of Social Services (DSS) to keep Native children with their families and tribes. Those losses are hard to swallow, but I am happy to say that — thanks to another powerful, Native woman, State Sen. Red Dawn Foster — hope remains.

On Feb.15, South Dakota’s Senate Health and Human Services Committee will hold a hearing on SB 191, a bill championed by Sen. Foster which would establish a task force to address the welfare of Indian children in South Dakota. It would require the DSS to act in culturally responsive and socially supportive ways in cases of removal involving Native American children and make every effort to keep them with other relatives.

Our young ones deserve to be supported by the Oyate (people) and enveloped in their cultural identity through kinship care.

We’re rooting for a better outcome this time! We also remain hopeful that the High Court will uphold all or a significant part of ICWA, but can we rely on justices who have already rolled back our civil rights in astonishing ways over the past year? The smart move is to ensure ICWA’s mandates using all available methods, and that’s why these efforts by Sen. Foster and Rep. Pourier matter. They’re valiantly fighting an uphill — but essential — battle.

As you know, it’s important that we augment their work in the Capitol with on-the-ground organizing in our communities to provide Indigenous-led programming centered around healing and restoration of family services. It’s our obligation to be well informed on all the issues that affect our children, and we must lead from the grassroots on their behalf. Our young ones deserve to be supported by the Oyate (people) and enveloped in their cultural identity through kinship care.

Please stay with us as we work to make that happen. With these rulings, it’s time to raise another battle cry for our children. We offer gratitude to Rep. Pourier and Sen. Foster, and we pledge to keep working hard, every day, with the same goal of a better future for the next generations.

Wopila tanka — thank you for standing with us!

DeCora Hawk is a Field Organizer for The Lakota People’s Law Project.