Here’s some information on the newest case before the Supreme Court: Brackeen Vs. Haaland, on the Indian Child Welfare Act (ICWA). Use these links to learn more about the case.
Understanding the pending ICWA class action lawsuit as an attack on Tribal Sovereignty.pdf Download Understanding the pending ICWA class action lawsuit as an attack on Tribal Sovereignty.pdf
https://www.narf.org/icwa-brackeen/Links to an external site.
https://www.desertsun.com/story/opinion/contributors/valley-voice/2022/08/07/brackeen-v-haaland-supreme-court-may-overturn-indian-child-welfare-act/10240103002/Links to an external site.
Here’s a pod cast that will give you the background of this case: This Land Podcast Season 2 Episodes 1-8 (yes, that’s a lot).
https://crooked.com/podcast/this-land-season-2-coming-august-23rd/Links to an external site.
Make sure you listen to the correct season within the This Land Podcast, Season 2 is about the Brackeen case.
This paper will require that you do individual research on the Brackeen case and individual writing. You should decide what aspect of the case you would like to explore see the possible directions you could take this exploration of the Brackeen case.
1) Does Christianity require that followers of Christ adopt children to raise in the faith? What are the biblical sources and/or scholarly interpretations of the bible to support that? Does the bible/scholorly interetations mean the child’s birth culture must be cut out of the Native child’s life? What are the ramifications for Native children adopted by non-Native Christian families? How should ICWA support a child’s right to their Native culture?
2) What about the rights of Grandparents in the US Child Welfare System; should grand parents get special consideration? Should grandparents be allowed to petition for custody in cases where a grandchild is being placed into the childwelfare system? Should the grandparent get placement priority over others within the family or non-Native adoptive parents who have adopted siblings of the child in question? What role do grandparents play in a Native child’s life? How should ICWA support that role?
3) Should non-Native adoptive parents have priority in cases where a Native sibling comes into the child welfare system? For example in the Brackeen case the non-Native adoptive parents are suing for adoption of their son’s sister because they have already successfully adopted their Native born son. You must address the rights of siblings vs the Native American family or Tribe. How should ICWA support sibling bonds?
4) Lastly, should ICWA be amended to create a Native born child’s right to participate in their tribal culture? Why or why not? What happens to a child who grows up with no knowledge of their Native American birth culture? Is a Native child’s birth culture so important that it should be made part of a Native child’s child welfare placement plan at every stage of their custody (emergency removal, foster care placement, preadoptive and adoption)?
5) Submit a different topic of your choosing that is important to the Brackeen decision; your topic must be about the Brackeen case and it must answer different set of questions not already proposed here.
You must include sources that address the questions that you are addressing in your version of this Brackeen paper. You must use peer-reviewed articles, newspapers, government or tribal websites or reports, not-for-profit websites, or other reputable sources. All of your sources must be less than 20 years old. In this paper, you must use at least three reputable sources to 1) summarize the Brackeen case and the questions you will address in the paper 2) discuss how the topic is related to historical issues among Native American people (Navajo or Dine specifically even better); 3) make sure you address all or most of the questions in your version of the Brackeen paper ; 4) write a conclusion to your paper and 5) include a reference page or works cited page.
You must use MLALinks to an external site. or APALinks to an external site. guidelines for your paper. If you are most familiar with the Chicago styleLinks to an external site., that is okay too. This paper is 7-10 pages long and that length requirement will be strictly enforced (don’t go over or under). Do not include a cover or title sheet or your reference page in the page count. You do not need to include an abstract or a cover sheet, but you must include a reference or works cited sheet. If you are not using a title page, you must include your name, the name of this course, and the date or the submission date in the top left-hand corner of the first page of your paper (this is called a heading). You must include page numbers in your paper. Do Not Use block-style paragraphs, those are only appropriate in business letters. Please, please, please review the guidelines for citation in the text and on your reference page for MLA, APA, or Chicago Style. This paper is due on TBD.
Using paper styles https://www.scribbr.com/research-paper/research-paper-format/Links to an external site.
Another guide on APA, MLA, Chicago Styles https://owl.purdue.edu/owl/avoiding_plagiarism/guide_overview%20.htmlLinks to an external site.
Rubric
Contemporary Issues Paper
Contemporary Issues Paper
Criteria Ratings Pts
This criterion is linked to a Learning OutcomeTopic within Brackeen
You should be addressing one of the sub-areas of this case as outlined in the directions: Christian values v. culture of Native Children; Sibling bonds in child welfare and Native communities; Grandparent rights in child welfare and ICWA; the right to culture in adoption, etc.
This is the body of your paper. I have this criterion in the wrong order. I am new at this, so please bare with me.
25 pts
This criterion is linked to a Learning OutcomeSummarize the case and the topic questions
Summarize the Brackeen v. Haaland case and how your topic questions are related to this case.
You should use this area as an introduction to your paper.
25 pts
This criterion is linked to a Learning OutcomeConclusion
The conclusion of your paper should summarize what you found in the body of your paper.
10 pts
This criterion is linked to a Learning OutcomeWork Cited page/ Reference page
You should include a list of the sources you used in the paper at the end of your work. This list is not included in the required length page count. You must use MLA, APA or Chicago style for this page.
10 pts
This criterion is linked to a Learning OutcomeCitations within the text
MLA, APA, and Chicago style require citations within the body of your paper for any summarization you use of another source and for direct quotes from a source.
10 pts
This criterion is linked to a Learning OutcomeSpelling, grammar, word choice, block style
Check spelling, grammar, and word choice. Word choice means you are using words that don’t make sense within the sentence or are not defined in the way that you are using them. Do not use block-style paragraphs in your paper.
10 pts
This criterion is linked to a Learning OutcomeReputable sources
Please use reputable sources that are less than 20 years old.
5 pts
This criterion is linked to a Learning Outcome7 – 10 pages
Your paper must be double-spaced and 7 – 10 pages long; that page count does not include any title pages, or abstract, or reference pages.
5 pts
Total Points: 100
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