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In Brackeen, the most prominent, ICWA was upheld by the U.S. Supreme Court in June 2023. Haaland v. Brackeen is the lawsuit brought by Texas (and previously Indiana and Louisiana) and several individual plaintiffs, who alleged ICWA is unconstitutional.
The Indian Child Welfare Act (ICWA) is a federal law that seeks to keep Indian children with Indian families. It was passed in 1978 in response to compelling evidence of the high number of Indian children that were being removed from their families by public and private agencies and placed in non-Indian families.
If the child is a teenager, the judge may be willing to consider the childs wishes as to residence and the childs reasons. There is no specific age when a child gets to decide where they live, but normally, the older the child, the more weight that childs desires are given by the court.
For Kansas orders, current support lasts until the child is emancipated (docHubes adulthood). For most children, that is their 18th birthday. If a child turns eighteen while still attending high school, the childs current support order automatically continues until the end of that school year.
ICWA presents unique, heightened requirements for adopting a Native American child. Its stricter standards are a response to centuries of non-indigenous people merely taking Native American children with little regard for the parents, the tribes sovereignty, or the childrens culture.
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