Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act

The Indian Child Welfare Act of 1978 (ICWA) sought to end the forced removal of Native children from their tribes. Decades later, American Indian children are still placed in foster and adoptive care at disproportionately high rates. Drawing on forty years of archival data, this study examines the r...

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Main Author: Hana E. Brown
Format: Article
Language:English
Published: Russell Sage Foundation 2023-09-01
Series:RSF: The Russell Sage Foundation Journal of the Social Sciences
Subjects:
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author Hana E. Brown
author_facet Hana E. Brown
author_sort Hana E. Brown
collection DOAJ
description The Indian Child Welfare Act of 1978 (ICWA) sought to end the forced removal of Native children from their tribes. Decades later, American Indian children are still placed in foster and adoptive care at disproportionately high rates. Drawing on forty years of archival data, this study examines the role of administrative burden in reproducing these inequalities and the system of domination from which they arise: settler colonialism. Focusing on three arenas—notice, meeting and hearing involvement, and foster family certification—this article illuminates the burdens imposed on tribal governments that serve as mediating institutions in ICWA implementation. Findings suggest that burdens have particularly strong consequences for inequality when they fall on third-party organizations. They also demonstrate how administrative burden operates as a mechanism for the reproduction of settler-colonial domination.
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spelling doaj.art-af971ec96b8541d8b8bc5752309663c52023-08-21T16:09:30ZengRussell Sage FoundationRSF: The Russell Sage Foundation Journal of the Social Sciences2377-82532377-82612023-09-0195232251https://doi.org/10.7758/RSF.2023.9.5.10Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare ActHana E. Brown0https://orcid.org/0000-0001-6887-6664Wake Forest UniversityThe Indian Child Welfare Act of 1978 (ICWA) sought to end the forced removal of Native children from their tribes. Decades later, American Indian children are still placed in foster and adoptive care at disproportionately high rates. Drawing on forty years of archival data, this study examines the role of administrative burden in reproducing these inequalities and the system of domination from which they arise: settler colonialism. Focusing on three arenas—notice, meeting and hearing involvement, and foster family certification—this article illuminates the burdens imposed on tribal governments that serve as mediating institutions in ICWA implementation. Findings suggest that burdens have particularly strong consequences for inequality when they fall on third-party organizations. They also demonstrate how administrative burden operates as a mechanism for the reproduction of settler-colonial domination.administrative burdensettler colonialismindigenousamerican indiannative americanchild welfare
spellingShingle Hana E. Brown
Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
RSF: The Russell Sage Foundation Journal of the Social Sciences
administrative burden
settler colonialism
indigenous
american indian
native american
child welfare
title Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
title_full Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
title_fullStr Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
title_full_unstemmed Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
title_short Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act
title_sort administrative burden and the reproduction of settler colonialism a case study of the indian child welfare act
topic administrative burden
settler colonialism
indigenous
american indian
native american
child welfare
work_keys_str_mv AT hanaebrown administrativeburdenandthereproductionofsettlercolonialismacasestudyoftheindianchildwelfareact