Indian Child Welfare Act – Fair Representation of American Indian Children

| April 7, 2015

Indian Child Welfare Act

The Indian Child Welfare Act was enacted by the U.S. Congress in 1978.  It was a landmark legislation necessary due to the alarming rate of Native American children being placed outside their communities and families. The Bureau of Indian Affairs is pushing to enact federal regulations regarding the Indian Child Welfare act that will essentially have the effect of overturning 37 years of state court appellate decisions protecting children and families. Section F.4 of the proposed federal regulations states that in determining a placement for an “Indian Child” (the term used in federal law) a state court shall not conduct and independent evaluation as to the best interest of the Indian Child.  Additional, this section states that in considering the placement of an Indian Child, the court shall not consider the length of time the child has been in prior placement nor can the court consider the child’s bonding and attachment with any adult in deciding to relocate the child from their current placement.  This impacts foster children tremendously and, without a Best Interest Attorney to represent the child fairly and independently, it leaves children vulnerable.

There will not be a congressional vote on this issue and if voices aren’t heard, this will go into effect May 18,  2015.   More information can also be provided by Jay McCarthy, McCarthy Weston, P.L.L.C. Attorney at Law. Flagstaff, Arizona. 928-779-4252


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Category: Child Welfare, Health, Resources

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