The Indian Child Welfare Act (ICWA), the author argues, was designed to prevent the removal of Indian children from their tribal culture. This was accomplished by providing minimum standards for removing Indian children from their homes, and by placing removal decisions within tribal jurisdiction. Courts, however, have applied an existing Indian family exception to the ICWA. This exception limits the application of the ICWA to cases where the Indian child is to be removed from an existing Indian family, which excludes many removal cases, such as those where the child does not have a sufficient bond with an Indian parent. The author argues that this exception is flawed and defeats the purpose of the IWCA by removing jurisdiction over the...
Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 197...
Although removal of any child from his or her family is traumatic, too frequently Indian child remov...
State courts have historically exercised jurisdiction over family law cases. However, under the Indi...
The Indian Child Welfare Act (ICWA), the author argues, was designed to prevent the removal of India...
There has been historical abuse of Native American children in the U.S. which began in the late 19th...
This article describes the profound changes to American Indian kinship and social structures caused ...
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutio...
"Indigeneity at the Crossroads of American Studies." Published as a special joint issue with America...
In the 1970s, state authorities began removing Indian children from their homes by the thousands and...
Family separation is a defining feature of the U.S. government’s policy to forcibly assimilate and d...
Family separation is a defining feature of the U.S. government’s policy to forcibly assimilate and d...
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child ...
An increasing trend has been the enactment of state laws that supplement the federal Indian Child We...
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutio...
In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a d...
Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 197...
Although removal of any child from his or her family is traumatic, too frequently Indian child remov...
State courts have historically exercised jurisdiction over family law cases. However, under the Indi...
The Indian Child Welfare Act (ICWA), the author argues, was designed to prevent the removal of India...
There has been historical abuse of Native American children in the U.S. which began in the late 19th...
This article describes the profound changes to American Indian kinship and social structures caused ...
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutio...
"Indigeneity at the Crossroads of American Studies." Published as a special joint issue with America...
In the 1970s, state authorities began removing Indian children from their homes by the thousands and...
Family separation is a defining feature of the U.S. government’s policy to forcibly assimilate and d...
Family separation is a defining feature of the U.S. government’s policy to forcibly assimilate and d...
The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child ...
An increasing trend has been the enactment of state laws that supplement the federal Indian Child We...
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutio...
In 2013, the United States Supreme Court handed down a decision in Adoptive Couple v. Baby Girl, a d...
Congress passed and the president signed the Indian Child Welfare Act (ICWA) into federal law in 197...
Although removal of any child from his or her family is traumatic, too frequently Indian child remov...
State courts have historically exercised jurisdiction over family law cases. However, under the Indi...