The Indian Child Welfare Act Handbook

The Indian Child Welfare Act Handbook
Author: Kelly Gaines-Stoner
Publisher: American Bar Association
Total Pages: 0
Release: 2018
Genre: Law
ISBN: 9781641052153

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.

The Children's Bureau Legacy

The Children's Bureau Legacy
Author: Administration on Children, Youth and Families
Publisher: Government Printing Office
Total Pages: 276
Release: 2013-04-01
Genre: Family & Relationships
ISBN: 0160917220

Comprehensive history of the Children’s Bureau from 1912-2012 in eBook form that shares the legacy of this landmark agency that established the first Federal Government programs, research and social reform initiatives aimed to improve the safety, permanency and well-being of children, youth and families. In addition to bios of agency heads and review of legislation and publications, this important book provides a critical look at the evolution of the Nation and its treatment of children as it covers often inspiring and sometimes heart-wrenching topics such as: child labor; the Orphan Trains, adoption and foster care; infant and maternal mortality and childhood diseases; parenting, infant and child care education; the role of women's clubs and reformers; child welfare standards; Aid to Dependent Children; Depression relief; children of migrants and minorities (African Americans, Hispanics, Native Americans), including Indian Boarding Schools and Indian Adoption Program; disabled children care; children in wartime including support of military families and World War II refugee children; Juvenile delinquency; early childhood education Head Start; family planning; child abuse and neglect; natural disaster recovery; and much more. Child welfare and related professionals, legislators, educators, researchers and advocates, university school of social work faculty and staff, libraries, and others interested in social work related to children, youth and families, particularly topics such as preventing child abuse and neglect, foster care, and adoption will be interested in this comprehensive history of the Children's Bureau that has been funded by the U.S. Federal Government since 1912.

Children, Tribes, and States

Children, Tribes, and States
Author: Barbara Ann Atwood
Publisher:
Total Pages: 0
Release: 2010
Genre: Family & Relationships
ISBN: 9781594605222

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