Indian Self-Determination and Self-Governance Era 1968-present
2013
ICWA is deemed not applicable to Native biological fathers who are not custodians
In a landmark anti-ICWA ruling (Adoptive Couple vs. Baby Girl), the U.S. Supreme Court determines that several sections of ICWA do not apply to biological fathers who are not custodial parents. They also rule that the ICWA requirement to make extra efforts to preserve the Indian family does not apply, nor does preferred placement into Native families apply if no Native party has formally sought to adopt the child.