Authors: B. J. Jones, Mark Tilden, Kelly Gaines-Stoner
ISBN-13: 9781590318584, ISBN-10: 1590318587
Format: Hardcover
Publisher: American Bar Association
Date Published: October 2008
Edition: 2nd Edition
Book Synopsis
Table of Contents
Acknowledgments v
Introduction to the Second Edition vii
About the Author ix
About the Contributors xi
The Indian Child Welfare Act and Its Foundations 1
Displacement of Indian Children 2
Placement of Indian Children Outside of Their Culture 4
Indian Law as a Foundation for the ICWA 13
Constitutional Challenges to the ICWA 15
Applicability of the ICWA 27
Proceedings Not Covered 27
Proceedings Covered by the ICWA 32
Jurisdictional Provisions of the ICWA 53
Exclusive Jurisdiction 53
Transfer Jurisdiction 59
Reassumption of Jurisdiction 69
Procedural Requirements of the ICWA 83
Notice Requirements 84
Right to Intervene 88
Right to Counsel 89
Standards of Proof 90
Voluntary Proceedings 104
Full Faith and Credit 111
Placement Provisions of the ICWA 133
Foster Care Placements 134
Adoptive Placements 141
Post-Placement Issues 142
CollateralChallenges to the ICWA Determinations 153
Funding of ICWA Programs 159
ICWA: 30 Years Later 165
Table of Cases 169
Selected Bibliography 183
Indian Child Welfare Act of 1978 (25 U.S.C. [sects] 1901-63) 191
Department of the Interior Bureau of Indian Affairs Guidelines for State Courts; Indian Child Custody Proceedings 211
Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs 243
Tribal Addresses of Federally Recognized Tribes 257
Bureau of Indian Affairs Division of Social Services Areas 309
Listing of Tribal Courts and/or ICWA Contacts 315
Checklist for Adoption Clearance Voluntary Termination Record 335
Form Motions 339
Index 349
Subjects