Colorado advocates of Indian Child Welfare Act say not having it in place would be 'terrifying'

For Katie Correll, passing down her Native American traditions to her children is vital.

"If we don't have our children, our language, our songs, and our culture dies," Correll said. "It's a very powerful way of life and I wanted my children to have that opportunity."

But soon other native children in the country may not have the same opportunity, specifically those going through adoption and foster care.

"Thinking of not having the protection of ICWA is terrifying," said Correll.  

Currently ICWA, also known as the Indian Child Welfare Act, is being contested in the U.S. Supreme Court. Arguments in the case started on Wednesday, and if it's overturned, tribal jurisdictions would have no say in placement matters of native children, a right granted by ICWA. The goal of ICWA is to keep the children as close to their cultures, traditions and tribes as possible.

"The challenges are a little bit different because they're seeing this as an attack on their rights, when it's not about that. ICWA is about sovereignty rights," said Tallerita Tunney Rogers, the Denver Indian Family Resource Center executive director.

But the families challenging ICWA said it's based on race, and therefore its unconstitutional under the equal protection clause. They also said it puts non-native families last in line when trying to adopt a native child. While ICWA was codified into Colorado law this would still impact native children and families in the state.

"With ICWA being overturned, it would actually impact children who are placed here in Colorado, or could potentially be placed here in Colorado with Colorado families, especially if there's a family who doesn't feel the same support for a child to be placed with its relatives," said Tunney Rogers.

Advocates said overturning ICWA could also mean fewer ICWA courts in Colorado and native parents losing faith in the judicial system. Currently there are two courts: one in Denver, another in Adams County. Jefferson County has an ICWA docket and is pushing to open a court.

A decision in the case is expected by next summer.

"Without our children we are in grave danger of losing our tradition, our songs, our language," Correll. "It could be very detrimental to lose that."