Revised and updated, The Indian Child Welfare Act Handbook
is a one-of-a-kind guide to the Indian Child Welfare Act of 1978, which was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions. It examines case law from courts around the country -- it is not an issue confined to reservations and their border towns.
Since its original publication in 1995, case law in both the state and federal courts discussing the correct application of the Indian Child Welfare Act has burgeoned tremendously. Despite increasing discrepancies in court rulings regarding ICWA, its applicability, and indeed its constitutionality, Congress has opted not to amend or clarify the law despite several proposed bills to do so. However, other federal laws, such as the Adoption and Safe Families Act, have changed the legal landscape in the area of child welfare practices involving Indian children, and many States have enacted their own laws to govern child custody proceedings involving Indian children in their courts. In this much needed new edition, The Indian Child Welfare Act Handbook
examines these developments and also incorporates over 500 court decisions released since the original Handbook.
The Indian Child Welfare Act Handbook
is a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. This guide is intended to provide a comprehensive resource to:
- The history and foundation of ICWA
- How the act is applied and what provisions are covered
- Jurisdictional provisions
- Procedural requirements
- Placement provisions
- The successes and failures of ICWA