For nearly a century, California and other states forced Native American youth into boarding schools, aiming to erase their cultural practices while separating children from parents, placing them in a foster system that often left them without any ties to their communities.
It was only in the late 1970s that the federal government passed a law to protect families from separation, ensuring that child welfare agencies inquire about Native ancestry and work to keep tribes, relatives and communities together. Decades later, contested cases continue to appear regularly before California courts, where state protections are stronger than federal law.
The California Supreme Court on Monday reinforced those rules in a new decision, stressing that child welfare agencies must investigate whether children have Native American ancestry before placing them in foster care. It’s a decision that could strengthen tribes’ hand in disputes over separating families by compelling social workers to go a step further before removing a child…