We believe that South Dakota’s DSS has created a conception of neglect that is severely biased

We believe that South Dakota’s DSS has created a conception of neglect that is severely biased against Native American families, especially those living on reservation. First, this conception inappropriately conflates poverty with neglect. Second, it fails to understand the tribes’ kinship system of extended family care, a tradition that ICWA was designed to protect. Under this bias, South Dakota referenced neglect as the primary justification for 95.8% of its cases that resulted in the removal of children. The national average is 78.3. This inflated statistic represents South Dakota’s clear discrimination against Native American families.

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