Tribes challenge New Mexico policy on substance-exposed newborns
Native leaders say directive raises concerns about tribal sovereignty and child welfare protections
Tribal leaders and advocates are challenging a New Mexico directive that requires the state’s child welfare agency to seek custody of newborns exposed to drugs or alcohol in utero, arguing the policy conflicts with protections for Native families and tribal sovereignty, according to reporting from The Guardian. Nine tribes joined an emergency petition filed by the American Civil Liberties Union, which argues the directive does not address safeguards required for Indian families established in state and federal law.
At least 25 Native children have been flagged by child welfare authorities since the directive took effect, with tribes taking jurisdiction in 10 cases, according to The Guardian’s reporting. Navajo Nation President Buu Nygren wrote in an April letter that the proposed rule raises concerns about tribal sovereignty, jurisdiction and unnecessary involvement in the child welfare system. Donalyn Lorenzo, a former New Mexico child welfare official, also questioned whether tribes were adequately consulted before the policy was implemented.
- 1.The Guardian.
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