Первый слайд презентации: The Indian Child Welfare Act
Name-Patel Dimpal Group-17ll1a
Слайд 2: The Indian Child Welfare Act of 1978
The Indian Child Welfare Act of 1978 (ICWA) ( enacted November 8, 1978), codified at 25 U.S.C. 1901–1963) is a Federal law that governs jurisdiction over the removal of Native American (Indian) children from their families in custody, foster care and adoption cases. It gives tribal governments exclusive jurisdiction over children who reside on, or are domiciled on a reservation. It gives concurrent, but presumptive jurisdiction over foster care placement proceedings for Native American children who do not live on the reservation.
Слайд 3: History
ICWA was enacted in 1978 because of the disproportionately high rate of forced removal of Indian children from their traditional homes and essentially from American Indian cultures as a whole. Before enactment, as many as 25 to 35 percent of all Indian children were being forcibly removed, mostly from intact American Indian families with extended family networks, and placed in predominantly non-Indian homes, which had no relation to American Indian cultures. In some cases, the Bureau of Indian Affairs (BIA) paid the states to remove Indian children and to place them with non-Indian families and religious groups
Слайд 4: Jurisdiction
ICWA sets the minimal Federal standards for nearly all Indian child custody proceedings, including adoption, voluntary and involuntary termination of parental rights, and removal and foster care placement of Indian children, but excluding divorce and child delinquency proceedings. ICWA provides that state courts have no jurisdiction over the adoption or custody of Indian children residing within their own tribal reservation. An "Indian child" is "any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe”.
Слайд 5: Goals
The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... ". ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
Слайд 6: Indian Child Welfare Act Work Issues and Needs
Development of tribal ICWA policies and procedures Resources for more tribal workers dedicated to ICWA cases Timely receipt of ICWA notifications from states and counties Need for training of state and county workers on ICWA legal and practice aspects Increasing state and county workers understanding of why ICWA is needed Increasing understanding and awareness of tribes and reservation contexts on the part of state and county workers
Слайд 7: Indian Child Welfare Act Work Issues and Needs
Increased compliance with ICWA placement preferences, especially placement with extended family and other tribal kin Widely differing perceptions on the parts of tribal and state/county child welfare staff regarding the quality and level of state/tribal collaboration and state ICWA compliance Continuing adoption of tribal children by non-Indians in state and county courts
Слайд 8: Good cause
A state court may decline to transfer a case for "good cause," but that term is not defined in the ICWA. The BIA has issued an advisory set of guidelines for state courts to use in determining "good cause.”While these guidelines are not mandatory, many states have adopted them, and they include: No tribal court as defined by the ICWA, The proceeding was at an advanced stage when the transfer request was made, and the party asking for the transfer did not request the transfer promptly after receiving notice of the proceeding, The Indian child is over the age of 12 and objects to the transfer,