American Indian Children and the Law PDF Download

Author: Kathryn E. Fort
Publisher:
ISBN: 9781611637953
Category :
Languages : en
Pages : 672

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Author: Kathryn Fort
Publisher:
ISBN: 9781531028268
Category :
Languages : en
Pages : 0

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Book Description
This is the 2023 paperback printing of the casebook published in 2019. To see the hardcover version, please click here. There are more than 500 American Indian tribes in the United States, and the health and welfare of American Indian children is the primary focus of those tribal nations. Federal and state law and policies are deeply entwined with the lives of American Indian families and have been since treaty times. The disruption to American Indian families by state and federal governments families was, and is, epidemic. These disruptions included attempts to destroy traditional child-rearing practices, tribal judicial systems, and tribal political systems. The federal government's mass removal of Indian children from their families to boarding schools resulted in the deaths and abuse of children, as well as the destruction of Native languages, culture, and religion. When state governments stepped in, the state child welfare systems became tools of mass removal of Native children from their families. In an attempt to address some of those abuses and in response to considerable organizing and pressure of American Indian activists, Congress passed the Indian Child Welfare Act (ICWA) in 1978. ICWA applies to all American Indian children subject to state child welfare cases, no matter where the child is located. Today there are, on average, 300 appealed cases on the basis of ICWA in state courts annually. Educating jurists, prosecutors, family attorneys, and legal guardian ad litems on ICWA, tribal jurisdiction, and tribal family law is one of the largest child welfare projects for states, tribes, and non-profit organizations across the country. Teaching lawyers ICWA, and the innovative practices of tribal family law, is vital to the health and welfare of American Indian children everywhere. Law schools have the unique opportunity to reach those lawyers when they are students. With this casebook, they can. Currently, there is no casebook in the field of American Indian child welfare despite steadily increasing attention to the subject. American Indian Children and the Law describes the current state of the law and teaches the cultural, historical, and current legal theories behind it through cases and other primary source materials. The book can be used by both federal Indian law professors to teach the Indian Child Welfare Act and by family law practitioners to teach Indian law and child welfare law. The book also provides in-depth explanation for the federal constitutional basis of ICWA and American Indian child welfare law in general, as well as issues of juvenile justice as it applies to American Indian children, including why those children are the only ones who regularly find themselves in federal prisons. Additionally, the text includes family tribal court decisions, with appropriate context, and contrasts them to U.S. family law decisions.

Author: Billy Joe Jones
Publisher: American Bar Association
ISBN: 9781590318584
Category : Law
Languages : en
Pages : 372

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Previous edition, 1st, published in 1995.

Author: National American Indian Court Judges Association
Publisher: Albuquerque, N.M. : The Center
ISBN:
Category : Child Welfare
Languages : en
Pages : 326

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Author:
Publisher:
ISBN:
Category : Abused Alaska Native children
Languages : en
Pages : 46

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Author: Felix S. Cohen
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 662

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Author: Lucy Alf Younes
Publisher:
ISBN:
Category : Abused children
Languages : en
Pages : 104

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Author: Monroe E. Price
Publisher: Indianapolis : Bobbs-Merrill
ISBN:
Category : Indians of North America
Languages : en
Pages : 850

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Author: Marion E. Baurley
Publisher:
ISBN:
Category : Child abuse
Languages : en
Pages : 64

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Author: Barbara Ann Atwood
Publisher:
ISBN: 9781594605222
Category : Family & Relationships
Languages : en
Pages : 0

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Book Description
Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, Atwood agrees that many state courts still resist ICWA's jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children's cases but also prolong the children's stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child's individual needs. The book explores alternative placements that may conform to the culture of a child's tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children's well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity. "Atwood's book is a well-written and concise overview of adoption and custody issues involving American Indian and Alaska Native children, and its footnotes are an excellent starting point for further research. Children, Tribes, and States would be an asset to any library. . . ." Law Library Journal "Children, Tribes, and States is a thoroughly researched and extremely thoughtful examination of the potentially conflicting roles of states and Indian tribes when it comes to the placement of Indian children. Although the issues involve complicated jusidictional and sovereignty claims, Professor Atwood makes the voice and identity of the child central to the book. The result is a fascinating account of how to promote the interests of Indian children." Professor Naomi Cahn, John Theodore Fey Research Professor of Law, George Washington University Law School, co-author of Contemporary Family Law "Resolving Indian child custody disputes is not a science. It's a process. Factors to consider in that process include the best interests of the child, the parents, and the child's tribe, as well as relevant statutes, policies, tribal traditions, and court decisions. Professor Atwood's book reviews all of these potential factors. While I may not agree with some of her conclusions, this book is exceptional, provocative, and thoughtful and it will make the process easier and far more informed." Stephen L. Pevar, author of The Rights of Indians and Tribes "Children, Tribes, and States: Adoption Conflicts over American Indian Children is a 'must-read' family law scholars seeking an in-depth discussion of the laws effecting and affecting American Indian children." Law & Politics Book Review "...she provides practical examples of how overarching Indian law issues can factor into the day-to-day caseload of family law practitioners--issues that are implicated by something as basic as the identity of the children involved. At first glance, Indian law issues can appear rather remote, with limited applicability to the numerous family law attorneys who do not specialize in this area. However, Atwood notes a number of factors that have lead to an increased need for understanding of the intersection of tribal, state, and federal law." The Colorado Lawyer