THE OKLAHOMA BAR JOURNAL 20 | APRIL 2024 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. both families continued to have a relationship with him. Following the hearing, the judge in the state court action dismissed the suit on the grounds that the state lacked jurisdiction.33 CONCLUSION This summary of the history of the ICWA barely touches on the painful history leading up to the ICWA. The purpose of the ICWA is “to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture.”34 Edward Walksnice’s story is just one example of how the ICWA can work in the best interests of children, families and tribes. The ICWA was designed to allow state and tribal officials to work together.35 ABOUT THE AUTHOR A member of the Choctaw Nation, J. Renley Dennis received his J.D. and master’s degree in Native American studies from OU in 2017. Mr. Dennis has been an attorney at Whitten Burrage since 2017 and works closely with tribal governments. He also works in the areas of insurance bad faith, personal injury, breach of contract, wrongful death and represents sovereign entities and arms of the state in litigation, including OU. ENDNOTES 1. For example, see https://bit.ly/49DNKgm. 2. Haaland v. Brackeen, 599 U.S. 255, 299, 143 S. Ct. 1609, 1642, 216 L. Ed. 2d 254 (2023) (Gorsuch, J. concurring). 3. Id. at 299. 4. Id. 5. Id. at 300. 6. Id. 7. Id. 8. Id. 9. Id. 10. Id. at 301. 11. Id. 12. Id. at 301-302. 13. Id. 14. Id. 15. Id. 16. Id. at 304. 17. Marc Mannes, “Factors and Events leading to the Passage of the Indian Child Welfare Act,” in A History of Child Welfare, 257 (1996). 18. Id. 19. Id. 20. Id. 21. Id. 22. Id. 23. Indian Child Welfare Program, Committee on Interior and Insular Affairs, Senate Hearing April 8-9, 1974, pp. 477-480, Statement on Indian Child Welfare, Oneida Tribe of Indians of Wisconsin Inc. (April 3, 1974). 24. Indian Child Welfare Program, Committee on Interior and Insular Affairs, Senate Hearing April 8-9, 1974, pp. 14-22, Statement of William Byler (April 8, 1974). 25. Id. at 18-19. 26. Id. at 19-20. (William Byler goes on to provide, “Ironically, tribes that were forced onto reservations at gunpoint and prohibited from leaving without a permit, are now being told that they live in a place unfit for raising children.”). 27. Id. at 22. 28. Id. at 22-23. 29. Id. at 23. 30. The Native America Rights Fund (NARF) has compiled the legislative history of the ICWA, including transcripts of various reports and Senate committee hearings, which are available at https://bit.ly/49CA3xX. 31. Indian Child Welfare Program, Committee on Interior and Insular Affairs, Senate Hearing April 8-9, 1974, pp. 14-22, Statement of William Byler (April 8, 1974). 32. See 25 U.S.C.A. §1901 et seq. 33. Full article available at https://bit.ly/3V5hvSF. 34. 25 U.S. C. §1902. 35. For additional information, please see Haaland v. Brackeen, 599 U.S. 255, 297-333 (2023) (Gorsuch, J., concurring). Also, visit https://bit.ly/49CA3xX.
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