The COVID-19 pandemic has disproportionately impacted Tribal communities, in part, due to the historical inequities that Tribes have faced for centuries. As sovereign nations, Tribes have the authority to self-govern their people and land. However, the federal government has a special trust responsibility and treaty obligations to Tribes that it often has failed to fulfill. As a result, many Tribal communities live in inferior living conditions as compared to their non-Native counterparts. This paper explores the historical inequities Tribes experience and how they have been compounded by the pandemic. More specifically, it identifies persistent challenges with infrastructure in Indian Country. It also provides a legislative update on laws directly related to the pandemic as well as laws that have the potential to address some of the issues underlying the pandemic. It concludes by identifying additional recommendations to right these historic wrongs and build on the resiliency shown by Tribes during the pandemic. This paper was prepared as part of the COVID-19 Policy Playbook: Legal Recommendations for a Safer, More Equitable Future, a comprehensive report published by Public Health Law Watch in partnership with the de Beaumont Foundation and the American Public Health Association.

The Indian Child Welfare Act and its foundations -- Applicability of the ICWA -- Jurisdictional provisions of the ICWA -- Procedural requirements of the ICWA -- Placement provisions of the ICWA -- Collateral challenges to ICWA determinations -- Funding of ICWA programs -- ICWA : 40 years later -- Appendix A. The Indian Child Welfare Act -- Appendix B. Code of Federal Regulations, Title 25 (Indians), Part 23 -- Appendix C. Guidelines for implementing the Indian Child Welfare Act, December 2016 -- Appendix D. State codes and court rules addressing Indian child welfare -- Appendix E. Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs -- Forms.

Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial.

On one hand, Atwood agrees that many state courts still resist ICWA's jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children's cases but also prolong the children's stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child's individual needs. The book explores alternative placements that may conform to the culture of a child's tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children's well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity.