American Indian Children And The Law
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American Indian Children And The Law
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Author : Kathryn E. Fort
language : en
Publisher:
Release Date : 2019-06-26
American Indian Children And The Law written by Kathryn E. Fort and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with categories.
American Indian Children And The Law Paperback
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Author : Kathryn Fort
language : en
Publisher:
Release Date : 2019
American Indian Children And The Law Paperback written by Kathryn Fort and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This is the 2023 paperback printing of the casebook published in 2019. To see the hardcover version, please click here. There are more than 500 American Indian tribes in the United States, and the health and welfare of American Indian children is the primary focus of those tribal nations. Federal and state law and policies are deeply entwined with the lives of American Indian families and have been since treaty times. The disruption to American Indian families by state and federal governments families was, and is, epidemic. These disruptions included attempts to destroy traditional child-rearing practices, tribal judicial systems, and tribal political systems. The federal government's mass removal of Indian children from their families to boarding schools resulted in the deaths and abuse of children, as well as the destruction of Native languages, culture, and religion. When state governments stepped in, the state child welfare systems became tools of mass removal of Native children from their families. In an attempt to address some of those abuses and in response to considerable organizing and pressure of American Indian activists, Congress passed the Indian Child Welfare Act (ICWA) in 1978. ICWA applies to all American Indian children subject to state child welfare cases, no matter where the child is located. Today there are, on average, 300 appealed cases on the basis of ICWA in state courts annually. Educating jurists, prosecutors, family attorneys, and legal guardian ad litems on ICWA, tribal jurisdiction, and tribal family law is one of the largest child welfare projects for states, tribes, and non-profit organizations across the country. Teaching lawyers ICWA, and the innovative practices of tribal family law, is vital to the health and welfare of American Indian children everywhere. Law schools have the unique opportunity to reach those lawyers when they are students. With this casebook, they can. Currently, there is no casebook in the field of American Indian child welfare despite steadily increasing attention to the subject. American Indian Children and the Law describes the current state of the law and teaches the cultural, historical, and current legal theories behind it through cases and other primary source materials. The book can be used by both federal Indian law professors to teach the Indian Child Welfare Act and by family law practitioners to teach Indian law and child welfare law. The book also provides in-depth explanation for the federal constitutional basis of ICWA and American Indian child welfare law in general, as well as issues of juvenile justice as it applies to American Indian children, including why those children are the only ones who regularly find themselves in federal prisons. Additionally, the text includes family tribal court decisions, with appropriate context, and contrasts them to U.S. family law decisions.
Indian Family Law And Child Welfare
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Author : National American Indian Court Judges Association
language : en
Publisher: Albuquerque, N.M. : The Center
Release Date : 1982
Indian Family Law And Child Welfare written by National American Indian Court Judges Association and has been published by Albuquerque, N.M. : The Center this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Child Welfare categories.
The Indian Child Welfare Act Handbook
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Author : Billy Joe Jones
language : en
Publisher: American Bar Association
Release Date : 2008
The Indian Child Welfare Act Handbook written by Billy Joe Jones and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Previous edition, 1st, published in 1995.
Child Protection Handbook
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Author :
language : en
Publisher:
Release Date : 1998
Child Protection Handbook written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Abused Alaska Native children categories.
Special Report
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Author : Lucy Alf Younes
language : en
Publisher:
Release Date : 1986
Special Report written by Lucy Alf Younes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Abused children categories.
American Indian Law
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Author : Marion E. Baurley
language : en
Publisher:
Release Date : 1981
American Indian Law written by Marion E. Baurley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Child abuse categories.
Children Tribes And States
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Author : Barbara Ann Atwood
language : en
Publisher:
Release Date : 2010
Children Tribes And States written by Barbara Ann Atwood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Family & Relationships categories.
Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, Atwood agrees that many state courts still resist ICWA's jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children's cases but also prolong the children's stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child's individual needs. The book explores alternative placements that may conform to the culture of a child's tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children's well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity. "Atwood's book is a well-written and concise overview of adoption and custody issues involving American Indian and Alaska Native children, and its footnotes are an excellent starting point for further research. Children, Tribes, and States would be an asset to any library. . . ." Law Library Journal "Children, Tribes, and States is a thoroughly researched and extremely thoughtful examination of the potentially conflicting roles of states and Indian tribes when it comes to the placement of Indian children. Although the issues involve complicated jusidictional and sovereignty claims, Professor Atwood makes the voice and identity of the child central to the book. The result is a fascinating account of how to promote the interests of Indian children." Professor Naomi Cahn, John Theodore Fey Research Professor of Law, George Washington University Law School, co-author of Contemporary Family Law "Resolving Indian child custody disputes is not a science. It's a process. Factors to consider in that process include the best interests of the child, the parents, and the child's tribe, as well as relevant statutes, policies, tribal traditions, and court decisions. Professor Atwood's book reviews all of these potential factors. While I may not agree with some of her conclusions, this book is exceptional, provocative, and thoughtful and it will make the process easier and far more informed." Stephen L. Pevar, author of The Rights of Indians and Tribes "Children, Tribes, and States: Adoption Conflicts over American Indian Children is a 'must-read' family law scholars seeking an in-depth discussion of the laws effecting and affecting American Indian children." Law & Politics Book Review "...she provides practical examples of how overarching Indian law issues can factor into the day-to-day caseload of family law practitioners--issues that are implicated by something as basic as the identity of the children involved. At first glance, Indian law issues can appear rather remote, with limited applicability to the numerous family law attorneys who do not specialize in this area. However, Atwood notes a number of factors that have lead to an increased need for understanding of the intersection of tribal, state, and federal law." The Colorado Lawyer
A Sourcebook In Child Welfare
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Author :
language : en
Publisher:
Release Date : 1984
A Sourcebook In Child Welfare written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Child welfare categories.
The Indian Child Welfare Act Handbook
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Author : Kelly Gaines-Stoner
language : en
Publisher: American Bar Association
Release Date : 2018
The Indian Child Welfare Act Handbook written by Kelly Gaines-Stoner and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Now fully revised and updated, The Indian Child Welfare Act Handbook is a one-of-a-kind guide to the Indian Child Welfare Act of 1978. The ICWA 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. This guide examines case law from courts around the country -- it is an issue not confined to reservations and their border towns. There have been many legal changes since publication of the Second Edition, including what is arguably the most important development since ICWA was enacted 40 years ago. In 2016, the Department of the Interior issued ICWA regulations, the first time that regulations were issued pursuant to the Administrative Procedures Act. This updated edition incorporates the provisions of those regulations and their impact on the various procedural and substantive requirements of the ICWA. The Indian Child Welfare Act Handbook continues to provide a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. Offering much-needed practical guidance, topics covered in this Third Edition includes: - The history and foundation of ICWA- How the act is applied and what provisions are covered- Jurisdictional provisions- Procedural requirements- Placement provisions- Collateral challenges to ICWA determinations- Funding of ICWA programs, and moreAppendices include implementation guidelines, state codes and court rules addressing Indian child welfare, a listing of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs, and sample forms, which are also available as an online resource.