In the Supreme Court of the United States: Adoptive Couple, Petitioners, v. Baby Girl, a Minor Under the Age of Fourteen Years, Et. Al., Respondents, on Writ of Certiorari to the South Carolina Supreme Court: Brief of Casey Family Programs, Child Welfare League of America, Children's Defense Fund, Donaldson Adoption Institute, North American Council on Adoptable Children, Voice for Adoption, and Twelve Other National Child Welfare Organizations as Amici Curiae in Support of Respondent Birth Father.
Casey Family Programs. Child Welfare League of America. Children's Defense Fund. Donaldson Adoption Institute. North American Council on Adoptable Children. Voice for Adoption.
xii, 38, 1a-11a p.
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In this amici curiae brief to the U.S. Supreme Court in support of the respondent father, 18 national child welfare organizations explain that in the Indian Child Welfare Act (ICWA), Congress adopted the gold standard for child welfare policies and practices that should be afforded to all children, and that it would work serious harm to child welfare programs nationwide for the court to curtail the Act's protections and standards. It discusses three main arguments for upholding the requirements of the ICWA in the case of the Adoptive Couple, Petitioners, v. Baby Girl, A Minor Under the Age of Fourteen Years Et. Al., Respondents. The three arguments include: ICWA embodies and enforces the best practices for child custody decisions that should be afforded to all children and in all the varied contexts in which child custody determinations must be made, including prospective adoptions; ICWA's statutory requirement that active efforts be made to support and develop the bonds between a child and her fit birth parents, implements that principle and reflects the gold standard for child welfare practice that should be aspired to for all children; and petitioners' invitation to the court to rewrite the rules in the context of infant adoptions or to allow court-by-court, case-by-case judgments that refashion the governing legal standards and procedures threatens to bring about the very harms, instabilities, and inconsistencies against which the amici child welfare organizations have long labored. It concludes that the U.S. Supreme Court should affirm the judgment of the Supreme Court of South Carolina.
court litigation; federal adoption laws; icwa; native americans; birth fathers; parental rights; child custody; us supreme court; state supreme courts; south carolina; adoption laws; state laws