Tribe sues Trump HHS for tampering with ICWA on data in foster care cases
The Cherokee Nation is among a group that filed suit against the U.S. Department of Health and Human Services and the Administration for Children and Families Thursday, in a federal district court in California, regarding data collected on children in foster care.
“The Adoption and Foster Care Analysis and Reporting System is used by HHS to track foster children through foster care,” said Cherokee Nation Attorney General Sara Hill in the tribe’s Rules committee meeting on August 27, 2020. “For decades, HHS did not track any statistics that relate to the Indian Child Welfare Act with Indian children. So if children were placed in non-ICWA compliant placements in the state, the proportion of children in foster care in the United States – none of that data was being tracked by HHS.”
In 2016, HHS changed it rules to mandate reporting of how child welfare agencies track American Indian children and included data related to the ICWA. The rule also required reporting the voluntary disclosure of the sexual orientation of foster youth ages 14 and older, and of foster and adoptive parents and legal guardians.
The plaintiffs argue President Donald Trump’s administration and the ACF violated the Administrative Procedure Act by revoking the 2016 rule. The group believes the data would assist welfare agencies and organizations serving foster children, and avoid bad outcomes for children and youth.
The plaintiffs argue President Donald Trump’s administration and the ACF violated the Administrative Procedure Act by revoking the 2016 rule. The group believes the data would assist welfare agencies and organizations serving foster children, and avoid bad outcomes for children and youth.
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