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Introduction . I. Enactment of the ICWA . A. Historical Background. B. Congressional Intent . 1. Congressional Findings. 2. Congressional Declaration of Policy. II. The Indian Child Welfare Act. A. Definitions . 1. Who is an Indian?. 2. Who is an Indian Child? . 3. What is an Indian Tribe? . B. When Does the Act Apply?. C. Who Has Jurisdiction?. III. "Existing Indian Family" Exception . A. Introduction. B. Definition . IV. Application of the "Existing Indian Family" Exception-California as a Model . A. Who Has Applied It? . 1. Constitutional Arguments. 2. ICWA Purpose. B. Who Refused to Apply It?. V. Why is It Flawed? . A. Ignoring Tribal Interests. B. Ignoring the Plain Language. 1. What is the Plain Language?. 2. Statutory Interpretation and Construction. C. Perpetuating a Stereoty...
The application of the Indian Child Welfare Act in a case regarding the placing of three American Indian children under foster care would have prevented angry discussions and would have facilitated the process. The children would have been sent to the right foster homes and the parents and the children would have been provided with essential services. The courts would have taken into account tribal laws and Indian authorities would have been consulted.
Appeal, waiver of issue; Custody, permanent; Indian Child Welfare Act, notice, proof; Ineffective Assistance of Counsel; Termination of Parental Rights
Concluding the facts before the court were insufficient to determine whether an Indian tribe's motion to intervene in an adoption proceeding under the Indian Child Welfare Act has standing, a family court judge adjourned the case for a hearing. New York County Family Court Judge Mary Bednar was asked to address the applicability of the Indian Child Welfare Act to a private adoption proceeding, In the Matter of the Adoption of Baby Boy C. A New York City couple seeks to adopt a child whose mother is a registered member of an Arizona Indian tribe.
...PART 23: INDIAN CHILD WELFARE ACT. Subpart A: Purpose, Definitions, and ...
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