Judges' Page - Update on Indian Child Welfare Act

October 18, 2016

The Summer 2015 edition of The Judges’ Page addressed Tribal Issues in Dependency Court. At that time, we advised readers that the Bureau of Indian Affairs (BIA) had issued Guidelines for State Courts and Agencies in Indian Child Custody Proceedings that went into effect February 25, 2015. While advisory in nature, the Guidelines have since been cited in court cases and have assisted in appropriate implementation of the Indian Child Welfare Act (ICWA), a Federal law that impacts child welfare cases involving American Indian and Alaska Native children, families, and Tribes.

Since publication of the Summer 2015 issue, the Department of The Interior, Bureau of Indian Affairs issued a new subpart to its regulations for implementing the Indian Child Welfare Act (ICWA) published in the Federal Register at Vol. 81 No. 114.This Rule becomes effective on December 12, 2016. The introduction notes that an Indian child and parents in different states have received different rights and protections under the same Federal law due to inconsistencies in both implementation and interpretation of ICWA by state courts. The introduction further states that the final rule promotes nationwide uniformity and compliance with the ICWA from the earliest stages of a child welfare proceeding.

To assist in making sure that your court is in full compliance with the ICWA and new regulations, readers are advised that NCJFCJ has published Enhanced Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases. This publication includes informative chapters and bench cards that instruct as to best practices that should be implemented at every hearing including the Preliminary Protective Hearing, Adjudication, Disposition, Review Hearings, the Permanency Hearing and Termination of Parental Rights. ICWA requirements and suggested hearing questions are incorporated for easy reference.

Articles in This Issue

The National Indian Child Welfare Association and the Native American Rights Fund have published an overview of the ICWA rule that becomes effective December 12, 2016.

Judge Leonard Edwards (ret.) addresses the question “Why Should Indian Children Be Treated Differently?” by providing historical context that explains the need for the Indian Child Welfare Act. National CASA Association Reprint Policy

If an article published in The Judges' Page is reproduced, credit shall be given to the author(s) of the article, the National CASA Association and the National Council of Juvenile and Family Court Judges.

The views, beliefs and opinions expressed by the various article authors are solely those of the original authors and do not necessarily reflect the policies, viewpoints or positions of the National CASA Association or the National Council of Juvenile and Family Court Judges.