Law Outlines Federal Indian Law Outlines
Federal Indian Law outline explains statutory, common, and treatise law that impacts the limits to tribal self governance. Outline topics include: Constitutional and Canonical limits of interpretation, determining tribal and individual status, jurisdictional issues, federal takings, inherent sovereignty, land claims, and ICWA. Outline includes charts on jurisdiction to make navigating through the many tricky issues of criminal and civil jurisdiction easy. Also includes an attack outline and case ...
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The Problem:
Huge amounts (25-35%) of Indian children were being taken from their parents and placed in foster homes or adopted – often by white families
neglect was found in cases as simple as NAs not having modern conveniences or where misunderstandings of NA culture existed
The solution
The Indian Child Welfare Act
The Court sought to address the problem in four ways:
where possible giving tribal courts jurisdiction of child custody cases, where not possible, involving tribes in the proceedings
providing parents with added procedural protections and raising substantive standards before involuntary removal
creating placement preferences for children
encourage placement with child’s extended family, tribe or other Indian families and only if none of these then others
but if a tribe passes a different preference order the court has to follow this
provide assistance to tribes to manage their own child welfare services and facilitating cooperation between tribes and states
The basics
Tribal court has jurisdiction over any custody proceedings
involving an Indian Child who resides or is domiciled on the reservation
unless another federal law says it doesn’t
and over any Indian child that is a ward of a tribal court regardless of residence
Any removal or termination proceedings for an Indian child that does not live on the reservation should be transferred to the jurisdiction of the tribe unless there is good cause not to
good cause is defined narrowly?
In any state court proceedings over foster care placement etc the child’s tribe shall have the right to intervene at any point in the proceedings
All jurisdictions have to give full faith and credit as they would to any other jurisdiction to Indian tribe public acts, records etc applicable to Indian child custody proceedings
Where a court knows or should know that an Indian child is involved, they must give notice to the parent/guardian and the tribe and the parent or custodian shall have right to counsel
Before parental termination etc the party seeking the termination etc must satisfy court that remedial...
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Federal Indian Law outline explains statutory, common, and treatise law that impacts the limits to tribal self governance. Outline topics include: Constitutional and Canonical limits of interpretation, determining tribal and individual status, jurisdictional issues, federal takings, inherent sovereignty, land claims, and ICWA. Outline includes charts on jurisdiction to make navigating through the many tricky issues of criminal and civil jurisdiction easy. Also includes an attack outline and case ...
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