MDHHS lauds U.S. Supreme Court decision that preserves rights of American Indian Tribal families

LANSING, Mich. – The Michigan Department of Health and Human Services (MDHHS) is pleased that the U.S. Supreme Court has issued a ruling that protects the interests of Native American Tribal children and families in its decision to uphold the Indian Child Welfare Act today in the Haaland v. Brackeen case.

“MDHHS’s top priority is to keep children safe and together with their families whenever possible,” said MDHHS Director Elizabeth Hertel. “The department fully supports the Indian Child Welfare Act. We are also proud that our state has the Michigan Indian Family Preservation Act in state law to guide us in our work.”

The Michigan Indian Family Preservation Act strengthened the Indian Child Welfare Act, which was codified into state law.

The case decided by the Supreme Court involved a challenge of the Indian Child Welfare Act. That law dictates how Tribal American Indian child protection cases are handled by states and courts. MDHHS is pleased that the U.S. Supreme Court has issued a ruling that protects the interests of Tribal children and families.

MDHHS will continue to work closely with the state’s 12 tribes on all facets of child welfare work. Today’s decision will be reviewed carefully in close collaboration with the offices of Gov. Gretchen Whitmer and Attorney General Dana Nessel to make sure all elements of this decision are thoroughly understood. The department also will work closely in consultation with Michigan’s federally recognized Tribal governments to review any provisions that might have an impact on tribes or MDHHS services.

“Our work with our Michigan Tribal partners is very important to us here and we will continue to commit to work with them in order to do our best to protect their families and children,” said Demetrius Starling, senior deputy director of MDHHS Children’s Services Administration. “We congratulate Michigan’s 12 federally recognized tribes and all of the advocates that worked successfully to protect this important law. MDHHS values its partnerships with Michigan’s sovereign tribes and looks forward to continuing to work with them as partners to ensure the unique needs of Tribal children are protected and met.”                  

Wenona Singel, associate professor at Michigan State University College of Law and director of the Indigenous Law & Policy Center, said, “The Supreme Court’s decision today in Haaland v. Brackeen is a triumph for Tribal nations and Native children. Since its passage in 1978, the Indian Child Welfare Act has provided the gold standard of legal protections to protect Native children from their wholesale removal from their families and Tribal communities. Today’s decision affirms the need for the Indian Child Welfare Act and rightfully respects Congress’ authority to pass laws such as this act in Indian affairs.”

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