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.
Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including only the second US Supreme Court case interpreting the ICWA, as well as new state versions of the ICWA that expand upon some of the protections of the federal law.
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. To provide this much-needed practical guidance, information 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
Appendices 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.
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ISBN-13
978-1-64105-216-0 (9781641052160)
Schweitzer Klassifikation
Kelly Stoner graduated from the University of Oklahoma College of Law in December 1988. Kelly was in private practice in Cherokee, Oklahoma for several years prior to moving to New York, where she practiced for several years for the Department of Human Services working on child abuse/neglect cases. Kelly then relocated to North Dakota where she directed the Native American Law Project and taught at the University of North Dakota School of Law for over eight years. The Project served clients of the Spirit Lake Reservation. She represented clients and tribal agencies in tribal and state courts. Kelly serves as a tribal consultant for the Spirit Lake Tribe specializing in domestic violence issues, children's issues and elder issues. For the past six years, Kelly has been the Director of the Native American Legal Resource Center at Oklahoma City University School of Law and is also the Director of Clinical Programs. The Native American Legal Resource Center provides capacity building services to tribal communities and creates opportunities for students, faculty, staff and the broader University Community to utilize knowledge and resources to serve the needs of Oklahoma's 37 federally recognized Indian Tribes in a culturally appropriate and efficient manner. Kelly teaches in the areas of Indian Law, Tribal Law, Family Law and Domestic Violence, and speaks nationally on issues affecting Indian Country and has published in the areas of Family Law, Indian Law, and Domestic Violence Law.
