Taking the Children
to Take the Land

Indian Child Welfare and the Enduring Epidemic of Family Separation

Abstract

This chapter theorizes poverty governance as a tool of settler colonialism, with Indian child welfare as the site of analysis. Drawing on historical data, legal and policy analysis, case studies, and contemporary child welfare data, I argue that child separation has operated as an enduring method for controlling Native communities and, by extension, Native land. The chapter addresses a limitation in poverty governance scholarship by showing that Native family regulation cannot be understood only through frameworks of racialized inequality, but must also be analyzed through tribal sovereignty, political status, and settler-colonial control. By analyzing the contemporary legal movement to dismantle Indian child welfare protections, I demonstrate that Native child removal remains embedded in a longer settler-colonial history, while also revealing a neoliberal shift in which colonial governance is increasingly reproduced through privatized institutions and market-oriented forms of family regulation. In doing so, the chapter advances sociological theories of settler colonialism by expanding accounts of colonial power beyond state-centered frameworks.

Published In

Policing Not Protecting Families:
The Child Welfare System as Poverty Governance

New York University Press · 2025

In a typical year, one in five US children have some interaction with the child welfare system. Countless other families, particularly those who struggle to care for their children due to poverty or economic insecurity, fear child welfare system involvement. Though imagined as a system that protects children from caregivers’ maltreatment, contributors to Policing Not Protecting Families argue that the child welfare system polices and punishes poor parents who are unable to meet white, middle class parenting standards due to structural inequalities.

Bringing together scholars from anthropology, sociology, law, and social work, this collection is the first to critically examine the child welfare system’s role in governing poor, disproportionately Black and Native families. It shows that the child welfare system is a key site of poverty governance, or state control and management of poor families. Chapters bring together empirical research from diverse settings across the US, highlighting the system’s interactions with other state systems and its wide impact on marginalized families. Together the chapters illustrate the failure of the child welfare system to protect children and families from the structural inequalities that shape the lives of poor and other marginalized families.

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Reviews and Praise

Policing Not Protecting Families is an eye-opening and uniquely interdisciplinary interrogation of this country’s child welfare system. [...] Captivating, capacious, and empirically rich, these deeply researched case studies [...] issue a vivid indictment of the systems supposedly in place to protect families.

Hana E. Brown

This volume offers a crucial and timely contribution to scholarly and policy debates about child welfare, poverty, and state governance.

Destany Schafer-Morgan, American Indian Culture and Research Journal
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This volume will serve as an essential introduction for students and as a source of critical inquiry and imagination for researchers or practitioners.

Gillian Slee, Contemporary Sociology
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Presentations

Legal Activism Against ICWA: Settler Colonialism as Social Movement

Pacific Sociological Association · San Francisco, CA

Taking the Children to Take the Land: Indian Child Welfare and Brackeen v. Haaland, and the Future of Tribal Sovereignty

Sociologists for Women in Society · Los Angeles, CA

Positionality Statement

This chapter is based on my experience as a caseworker for the Washoe Tribe of Nevada and California, as well as my experience teaching American Indian history and federal Indian policy. I have received an overwhelming amount of support from Native colleagues and community members as I endeavor to leverage my privilege to provide a platform for voices and experiences that are often marginalized. Yet, as a non-Native scholar, I recognize my positionality as someone who has benefited from the historical and continued colonization of Native people. As part of my commitment to serving the community, I am pleased to donate my time to Native organizations that believe they can benefit from my background and experience. All personal proceeds from this chapter will be donated to the Native American Rights Fund and the National Indian Child Welfare Association.

Full Citation

Casselman-Hontalas, Amy. 2025. “Taking the Children to Take the Land: Indian Child Welfare and the Enduring Epidemic of Family Separation.” Pp. 53–72 in Policing Not Protecting Families: The Child Welfare System as Poverty Governance, edited by Kerry Woodward and Jennifer Randles. New York: New York University Press.