Overview

Now fully revised and updated, The Indian Child Welfare Act Handbook, Fourth Edition 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 Third Edition, which have significantly strengthened the ICWA and have led to an increased focus on the ICWA as an essential tool to protect Indian children, families, and tribes. These include the U.S. Supreme Court upholding the constitutionality of the ICWA in the case of Haaland v. Brackeen and a new total of 18 states enacting comprehensive state ICWA legislation. Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations and 2016. 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. Table of Contents: The Indian Child Welfare Act and Its Foundations Applicability of the ICWA Jurisdictional Provisions of the ICWA Procedural Requirements of the ICWA Placement Provisions of the ICWA Collateral Challenges to ICWA Determinations Funding of ICWA Programs ICWA: 40 Years Later Appendix A: The Indian Child Welfare Act Appendix B: Code of Federal Regulations, Title 25 (Indians), Part 23 Appendix C: Guidelines for Implementing the Indian Child Welfare Act, December 2016 Table of Contents Appendix D: State Codes and Court Rules Addressing Indian Child Welfare Appendix E: Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs Appendix F: Forms Bibliography Table of Cases Index

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9781639057009

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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. Jack F. Trope is a Senior Director in Indian Child Welfare Programs at Casey Family Programs where he works on national and local initiatives aimed at promoting compliance with the Indian Child Welfare Act, increasing tribal access to the Title IV-E Foster Care and Adoption Assistance Program and improving child welfare outcomes for children and families in state and tribal systems through training and systems improvement. Previously, Jack served as the Executive Director of the Association on American Indian Affairs (AAIA) for more than 13 years (and as Staff Attorney earlier in his career) where he worked on a variety of legal and policy matters, with a heavy emphasis on issues related to youth and the protection and preservation of Native American Indian tribal cultures, particularly the protection of sacred places and the repatriation of human remains and cultural items to Indian tribes. He has also served as Director of the Albuquerque-based Western Area Office for the Save the Children Federation, was a partner with the law firm of Sant'Angelo & Trope, an Assistant Counsel to two New Jersey governors, and clerked for a New Jersey Supreme Court Justice. He is a graduate of Rutgers College and Harvard Law School. Mr. Trope has worked on Indian child welfare matters since 1985 including litigation, amicus briefs in a number of cases including the two ICWA cases decided by the United States Supreme Court, training for tribal, state and local judges, attorneys, social workers and government leaders, and advocacy involving both the legislative and executive branches of government. He has authored articles on the ICWA for the Federal Lawyer magazine and the American Indian Law Journal, was a contributing author for A Practical Guide to the Indian Child Welfare Act published by the Native American Rights Fund, and has written a number of papers and pamphlets on Title IV-E as it pertains to Indian tribes.

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