NACC Supports Legislation for Youth and Families
NACC signed on to federal legislation to improve access to food and nutrition for youth experiencing homelessness or the foster care system, to prevent trafficking, and to end family separation for parents facing potential incarceration.
Amicus Update
NACC recently filed an amicus brief before the Supreme Court of Utah.
NACC Advocates for Policies to Support Children and Families
NACC urged Congress to reduce child poverty, strengthen families, make the children’s health insurance program permanent, fund programs that prevent delinquency, and feed children and families through the WIC program. NACC also joined coalitions that urged Secretary of Health and Human Services Xavier Becerra to continue supporting the Children’s Interagency Coordinating Council, and responded to proposed HHS rulemaking to ensure non-discriminations protections for LGBTQI+ people.
Coming soon: Did you hear about the proposed federal regulations to fund legal representation for children and parents? Learn more during an upcoming webinar and be on the lookout for materials from NACC to offer feedback before the November 27 deadline.
In August, NACC’s Board of Directors approved a new policy framework for NACC. The updated policy framework reaffirms NACC’s founding beliefs in high-quality legal representation and access to justice in child protection court proceedings. It also reflects our ongoing commitments to youth voice, race equity, and family integrity, and the urgent need for change in a system that has too often caused harm in the name of protection.
NACC Supports Legislation for Youth and Families
NACC endorsed the Support the Homeless Children and Youth Act and joined a coalition of organizations to comment on federal policies that affect children experiencing homelessness.
NACC Policy Statement on the Indian Child Welfare Act
NACC strongly supports the rights and sovereignty of Indigenous children, parents, and tribes – including through the Indian Child Welfare Act, and its state counterparts. Read more.
Adopted by NACC’s Board of Directors on August 12, 2023
The National Association of Counsel for Children strongly supports the rights and sovereignty of Indigenous children, parents, and tribes – including through the Indian Child Welfare Act (ICWA), and its state counterparts.
In the 1970s, Congress properly exercised its legislative authority to confront and redress harms against Indigenous families. These injustices were long-standing and deeply rooted, originating in America’s history of colonialism and genocide and continuing into the modern era, when boarding schools and later foster care systems were used as mechanisms for family separation and forced cultural assimilation.
During a four-year study period prior to ICWA’s enactment, federal lawmakers faced a “crisis of national proportions.”[1] Congressional testimony demonstrated the “systematic, automatic, and across-the-board removal of Indian children from Indian families and into non-Indian families and communities.” When Congress passed ICWA in 1978, data revealed that states collectively removed a startling one in three Native American children from their homes and placed them in foster care.[2] Congress passed the law to increase scrutiny of state and county child protection agency decisions and the courts that oversee them. Through ICWA, “Congress reaffirmed the importance of children to ‘the continued existence and integrity of Indian tribes’ and the need to protect Native families from coercive intervention and placement outside of their community and tribe.”[3]
Today, disproportionality and disparity persist, with Indigenous children represented in foster care at a rate 2.7 times their representation in the general population.[4] Attorneys for children, parents, agencies, and tribes, as well as judicial officers, depend on ICWA to ensure government agencies do not unnecessarily remove Indigenous children from their homes, families, and tribes. When state and county agencies do separate children and families, ICWA holds them responsible for making active efforts toward reunification and prioritizes placements with kin or tribes. ICWA alone may not resolve the deep inequities that exist for Indigenous families experiencing the child protection system. However, when accompanied by resources, training, culturally humble approaches, and other best practices, ICWA helps address inequities and repair harm.
As a national membership association dedicated to high-quality legal representation in child protection court proceedings, NACC knows that ICWA is an important advocacy tool for child, parent, agency, and tribal counsel. Like other federal laws that shape state-level proceedings,[5] ICWA provides the legal underpinnings to ensure due process, hold the state accountable, and promote adherence to best practices—such as family preservation and culturally responsive placement.[6] Similarly, judicial officers who oversee these matters benefit from the law’s application: “ICWA assists state courts by ensuring that they have the information and guidance needed to make sound, individualized determinations in Indian children’s best interests.”[7]
NACC’s vision is that every child, parent, and family is well-supported in their community and has equitable access to justice through culturally responsive, client-centered legal representation. That is why we filed an amicus brief urging the U.S. Supreme Court to uphold ICWA and celebrate the Court’s recent decision in the matter of Haaland v. Brackeen. NACC will continue to support ICWA – by including it in our trainings and certification exam, participating in federal policy work that supports tribes, and urging lawmakers to protect enact mirroring legislation at the state level. We will also continue our work to elevate ICWA’s fundamental principles – such as family integrity, the right to kin, and the importance of cultural connections – for all children.
[1] Gupta-Kagan, J., Adams, L., Carter, M., Pisani-Jacques, K., Sankaran, V. (Eds.). (2022), Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases (4th Edition) (p. 167). National Association of Counsel for Children.
[2] 25 U.S.C. §§ 1901(4)–(5); see also Holyfield, 490 U.S. at 32–33.
[3] Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-63.
[4] Gupta-Kagan, J., Adams, L., Carter, M., Pisani-Jacques, K., Sankaran, V. (Eds.). (2022), Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases (4th Edition) (p. 164). National Association of Counsel for Children.
[5] See, e.g., Servicemembers Civil Relief Act (50 USC § 3911), Hague Convention.
[6] Child Welfare Information Gateway (2021). Cultural Responsiveness: Out-of-Home Care. ChildWelfare.gov. https://www.childwelfare.gov/topics/systemwide/cultural/outofhome/
[7] National Association of Counsel for Children, Public Counsel. (2022). Brief of National Association of Counsel for Children and Thirty Other Children’s Rights Organizations as Amici Curiae in Support of Federal and Tribal Defendants. Public Counsel. https://publiccounsel.org/wp-content/uploads/2022/08/NACC-Amicus-Br.-filed-8.18.22.pdf
NACC Advocates for Children and Families
NACC signed letters urging members of Congress to restore funding for Full-Service Community Schools, allow people to save more of their Supplemental Security Income benefits, increase funding to help young people access education and employment, and increase funding for Title IV-B of the Social Security Act to strengthen family and kin supports, and invest in reunification, Tribal child welfare protections, Court Improvement Programs, and more.
The National Association of Counsel for Children honors the champions who raise the bar and set the standard for excellence in child welfare legal advocacy. NACC presents the Promoting Excellence Awards annually to individuals and organizations making significant contributions to the rights and well-being of children and families through excellence in legal representation.
NACC is pleased to announce the 2023 Promoting Excellence Award Honorees. Thank you for all you do to advance justice for children and families.
| Outstanding Legal Advocate | Shereen White |
| Outstanding New Lawyer | Kaveh Landsverk |
| Outstanding Law Student | Rose Wehrman |
| Distinguished Achievement | Frank Cervone |
| Outstanding Children’s Law Office/Agency | Colorado Office of the Child Representative |
| Outstanding Pro Bono Partner | Robert Gutierrez, Of Counsel Ballard Spahr LLP |
NACC Backs Policies Supporting Children and Families
NACC signed on in support of federal policy initiatives to improve health care access for young people who are immigrants, protect the rights of LGBTQ+ people, help young people experiencing homelessness get food, create a permanent child allowance program to fight poverty, and establish a Children’s Week. NACC also signed on to a letter urging Congress to pass the No Kids in Cuffs Act, to restrict the use of restraints on children.
Counsel for Kids Mid-Year Update
From new resources to legislative victory, it has been a busy time for the Counsel for Kids campaign. Read the mid-year update.
Amicus Update
Rockett v. Eighmy: The Eighth Circuit Court of Appeals ruled on judicial immunity for a judge who unlawfully detained siblings in a custody matter.
Haaland v. Brackeen: NACC and children’s rights organizations applaud the Supreme Court’s decision to uphold the Indian Child Welfare Act.
Contacts: Amory Zschach [email protected]; Katy Otto, [email protected]; Evan Molinari, [email protected], 339-707-0406
FOR IMMEDIATE RELEASE:
Amici who joined effort to defend the Indian Child Welfare Act respond to Supreme Court ruling
Washington, DC – In a victory for Native youth, families and Tribal Nations, the Supreme Court today upheld the constitutionality of the Indian Child Welfare Act (ICWA) in a 7-2 decision. The Court issued its ruling in Haaland v. Brackeen, affirming that ICWA safeguards children’s rights, supports family integrity for Indian families, and properly protects the rights of Tribal Nations to be involved in child welfare matters involving their members.
“The children’s rights community celebrates the Supreme Court decision upholding the Indian Child Welfare Act,” said Allison Green, Legal Director of the National Association of Counsel for Children. “This decision protects children’s rights, helps judges make informed decisions, and respects tribal self-determination.”
Justice Barrett delivered the majority opinion. Justice Gorsuch delivered a concurring opinion contextualizing ICWA as a response to the brutal history of mass removal of Native families by state officials and private parties and the devastating effects that the dissolution of the Native family has on parents and children alike.
Last year, the National Association of Counsel for Children and 31 children’s rights organizations across the United States joined an amicus brief in this case. The brief argued that ICWA safeguards the constitutional rights at stake in child welfare proceedings for Native American/Alaska Native children, including protecting families from unwarranted state intervention and preserving the constitutional right to family integrity. The brief further argued that ICWA aligns with state courts’ efforts to serve the best interests of Native American/Alaska Native children and to gather critical information to support sound judicial decisions.
The Protect ICWA Campaign, made up of the National Indian Child Welfare Association, the National Congress of American Indians, Native American Rights Fund, and the Association on American Indian Affairs—released the following statement in response to the Supreme Court’s decision in the Haaland v. Brackeen case:
“We are overcome with joy that the Supreme Court has upheld the Indian Child Welfare Act (ICWA), which is widely regarded as the gold standard of child welfare. To fully understand the implications of this decision, we are conducting a thorough legal review and will provide in-depth analysis this afternoon.
One thing is certain: ICWA is crucial for the safety and well-being of Native children and families and the future of Native peoples and Tribal Nations. The positive impact of today’s decision will be felt across generations.”
We applaud the decision today, and are available for interview or comment.
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National Indian Child Welfare Association (NICWA) works to support the safety, health, and spiritual strength of American Indian and Alaska Native children along the broad continuum of their lives. We support tribes in building the capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal levels. We are the most comprehensive source of information on American Indian and Alaska Native child welfare.
Founded in 1977, the National Association of Counsel for Children is a non-profit professional membership and advocacy organization dedicated to advancing justice for children, youth, and families. NACC provides programs, training, certification, and resources that improve the quality of legal representation for children, parents, and agencies; supports a community of dedicated professionals and helps attract and retain diverse talent in the children’s legal advocacy profession; and advocates for policies that advance children’s rights, including the right to counsel. https://www.naccchildlaw.org/ and on social media @NACCchildlaw
Juvenile Law Center fights for rights, dignity, equity, and opportunity for youth. We work to reduce the harm of the child welfare and justice systems, limit their reach, and ultimately abolish them so all young people can thrive. For more information about Juvenile Law Center’s work, visit www.JLC.org.
Public Counsel has worked with communities and clients for over fifty years to create a more just society through legal services, advocacy, and civil rights litigation. Public Counsel is committed to removing legal barriers for children, youth, families and communities of color most impacted by racism and economic injustice. In our work with children and families, we see how the long reach of the child welfare system separates children, both formally and informally, from their families, communities, and culture–creating trauma that reverberates through generations. For more information about Public Counsel’s work, visit Public Counsel | Pro Bono Law
The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, visit www.youthlaw.org.
Youth Law Center is a national civil rights firm that works for and in collaboration with young people to transform youth serving systems so that every child and youth can thrive. For more information, visit ylc.org.
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, education, and healthcare systems. We use civil rights impact litigation, advocacy, and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.