Information Sheet on Indian Child Inquiry Attachments and 2025

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The core child protection legislation for children is enshrined in four main laws: The Juvenile Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child Marriage Act (2006); The Protection of Children from Sexual Offences Act (2012), and The Child Labour (Prohibition and Regulation) Act (1986
An Indian child is an unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe . . . . 25 U.S.C. 1903(4).
The intent of Congress under ICWA was to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families (25 U.S.C. 1902).
The Indian Child Welfare Act has many positive impacts, including the promotion of strong Native-American identity, but there are also drawbacks, such as the lack of concern for the childrens safety and how theyre used as pawns to keep the tribes intact, no matter what the cost is for the kids.
Overview. In 2023, the U.S. Supreme Court upheld the Indian Child Welfare Act of 1978. The ICWA is a federal law that governs the removal and out-of-home placement of Native American children.
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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
NAGLE: So the Brackeens are saying that ICWA discriminated against them based on race because they arent Native, and they were joined by the state of Texas. And Texas is saying that ICWA is a violation of states rights. Theyre basically just making a states rights argument.
ICWA and corresponding California laws give an Indian childs tribe the right to participate in and provide input on numerous key issues in child welfare cases, certain juvenile delinquency cases, family law cases, and probate guardianship cases, that could result in either someone other than the childs parent being

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