The U.S. Department of Interior, Bureau of Indian Affairs, recently published new guidelines regarding the Indian Child Welfare Act (ICWA). The updated guidelines, available here, are the first to be issued since 1979.
According to an in-depth news article available here on Native News Online.Net, the new guidelines:
"... clarify the procedures for determining whether a child is
an Indian child, identifying the child’s tribe, and notifying its
parent and tribe as early as possible before determining placement..."
"... provide comprehensive guidance on the
application of active efforts to prevent the breakup of the Indian
family..."
and "... provide clarification that ICWA’s provisions carry
the presumption that ICWA’s placement preferences are in the best
interests of Indian children."
The article also provides details on the history of ICWA and remarks by Assistant Secretary of the Interior Kevin K. Washburn. The release of the guidelines was also featured in a recent post on Turtle Talk, the Indigenous Law and Policy Center Blog of the Michigan State University College of Law.
Interested in learning more about the Indian Child Welfare Act? Consider some of the following resources available in the Law Library's collection:
Children, Tribes, and States: Adoption and Custody Conflicts over American Indian Children / Barbara Ann Atwood
Facing the Future: The Indian Child Welfare Act at 30 / edited by Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort
A Practical Guide to the Indian Child Welfare Act / Native American Rights Fund
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