Golden State Today

Sarah Deer, a citizen of the Muscogee (Creek) Nation of Oklahoma and a University Distinguished Professor at the University of Kansas, recently spoke at UC Berkeley about the Indian Child Welfare Act (ICWA). Reflecting on the tragic history that led to the passing of ICWA in 1978, Deer highlighted the importance of the law in keeping Native children within their families and communities.

Deer emphasized the historical context behind ICWA, stating, “I want to begin by just talking about why ICWA was passed, and it has to do with a very tragic history in the United States of removing children from Native homes.” She pointed out the damaging impact of the boarding school era, where Native children were forcibly taken from their homes and sent to institutions with the aim of erasing their cultural identities.

Speaking about the ongoing relevance of ICWA, Deer noted, “We still see a need for ICWA because we still see a higher percentage of Native children being placed in out-of-home care.” She highlighted the importance of preserving the connection between Native children and their communities, which had been severely disrupted over the past century.

The discussion took place at a UC Berkeley event in December 2023, sponsored by the Joseph A. Myers Center for Research on Native American Issues, in collaboration with the Center for Race and Gender, Native American Student Development, and the Native American Law Student Association.

Deer's insights shed light on the significance of ICWA in addressing the historical injustices faced by Native communities and ensuring the well-being of Native children in the present day.