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Name: Adoptive Couple v. Baby Girl (Participatory Democracy (Rule of Law,…
Name: Adoptive Couple v. Baby Girl
Participatory Democracy (Rule of Law, Separation of Powers, Federalism)
Branches of Govt? Department/s & Agencies? State govt?
Executive Branch. The branch that makes sure laws are being obeyed.
BIA or the Department of the Interior Indian Affairs. They are required to provide health care services to Native Americans.
Association of American Indian Affairs (AAIA). In charge of drafting laws like the ICWA act.
Applicable Constitutional Amendments & Justifications
6th Amendment. The 6th Amendment guarantees the right to a speedy and public trial.
14th amendment. This grants equal protection and equal treatment.
ICWA & its History
Before ICWA around 75-80% of families lost at least one child to the foster care system
ICWA was passed to protect the best interest of Indian children and to promote stability and security among Indian tribes and families
It was said that Child Welfare was often "ignorant, indifferent or insensitive" to cultural difference.
https://dphhs.mt.gov/CFSD/ICWA/icwahistory
Mixed Economy :
Explore the public, private and non-profit dimensions of the economic life of a Native American reservation
American Indian Business Leaders (AIBL) they run a non-profit organization that supports the future for Native Americans.
Association of American Indian Affairs (AAIA). The AAIA is in charge of drafting laws such as the ICWA act.
National Indian Child Care Association. This organization helps provide children with what they need to help themselves, their family and community around Indian Country
Cultural
Family Values
Dustin would be seen as a bad father due to the situation he is in, a single father with horrible communication with the child's mother. While the adoptive parents are seen to have a stable relationship and a healthy environment fit for a child.
Media Depiction; Framing & Imagery
The media makes Dustin seem like a heartless person because he is taking the baby away from the adoptive parents, when in reality he never knew he was signing her up for adoption. It shows that he isn't the person he seemed to be in the beginning of the case.
Attitudes about race, gender and/or social class
This case makes it seem like he shouldn't be able to use the ICWA act because he is only 2% Native American, which is a low percent.
Case Precedent
Locate relevant cases that lead to this one throughout the 19th, 20th & 21st centuries
Mississippi Band of Choctaw Indians v. Holyfield (1989). In the case, two twins were separated by their families.They were demanding to get their children back by using ICWA
Elk v. Wilkins, 112 U.S. 94 (1884). In this case, it seemed that Elk was not registered as a legalized voter despite leaving his tribe.