‘Native children belong in Native communities’: tribes decry New Mexico drug-exposed newborn rule
Groups say new directive fails to respect Native sovereignty amid complicated history of Indigenous child removals
TL;DR
- New Mexico's governor issued a directive allowing the state to take custody of newborns exposed to drugs or alcohol in utero.
- Native tribes and advocates argue the directive violates tribal sovereignty and federal laws like the Indian Child Welfare Act (ICWA).
- The directive contradicts a state law passed months prior, which directed the healthcare authority, not child welfare, to develop rules for treating drug use during pregnancy.
- Advocates highlight the history of forced removals of Native children and emphasize that these children belong in Native communities.
- Despite legal challenges and concerns raised by tribal leaders, the directive remains in effect, leading to Native children being placed in state custody.
- The article notes that states often struggle with the proper implementation of laws like ICWA and Cara, particularly concerning Native families and adequate funding for support services.