The Texas DFPS is wrong…but this just illustrates what our families will continue to be up against.
The story –
Just recently, the Brackeen family learned that their adopted daughter has a newborn sister in need of care – so their attorney contacted Texas DFPS about the Brackeens fostering and/or adopting her and keeping the girls together.
DFPS responded that they would take it under consideration, but that “such placement” would be “subject to any requirements of the Indian Child Welfare Act, which as you know, remains in effect.”
The attorney for the Brackeens responded “…on October 4, the U.S. District Court for the North District of Texas declared all relevant provisions of the Indian Child Welfare Act to be unconstitutional and also set aside the legislative regulations that the Department of Interior issued with respect to ICWA in 2016…Texas and its agency, DFPS, is bound by that judgment and its declaration of ICWA’a unconstitutionality. DFPS, therefore, cannot apply ICWA or Interior’s 2016 regulations with respect to the placement…”
Read the communications between them here…