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The most recent one Brackeen v. Haaland challenged ICWA on constitutional grounds, alleging that the 1978 law discriminated against non-Native people.
The goal of ICWA is to protect the best interests of Indian children while promoting stability and security of Indian tribes and families by establishing minimum standards for removal and placement of Indian children that reflect the unique values of the Indian culture. 25 U.S.C. 1902.
Form FL-300, Request for Order, is the basic form you need to file with the court. Depending on your request, you may need these additional forms: When specific Judicial Council forms must be used to ask the court for orders. For example, to ask: If you and the other party have an agreement.
The main governing statue for child welfare is Chapter 39, Florida Statutes (F.S.). Child welfare also uses Chapter 435, F.S., and portions of Chapter 402, F.S., as follows: 402.04 Award of scholarships and stipends: disbursement of funds; administration.
ICWA only protects American Indian and Alaska Native children who are: 1. unmarried, 2. under 18, and 3. a tribal member, or are eligible for tribal membership in a federally recognized tribe and have a biological parent who is a tribal member.
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It establishes minimum Federal standards for the removal of AI/AN children from their families, delineates the roles of State and Tribal governments in child welfare cases, establishes preference for placement with family and Tribal members, and institutes protections for parents regarding the termination of parental

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