The Indian Child Welfare ACT Handbook: A Legal Guide to the Custody and Adoption of Native American Children, Fourth Edition (Paperback) (ISBN-13: 9781639057009)

Now fully revised and updated, The Indian Child Welfare Act Handbook, Fourth Edition is a one-of-a-kind guide to the Indian Child Welfare Act of 1978. The ICWA was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions. This guide examines case law from courts around the country -- it is an issue not confined to reservations and their border towns.

There have been many legal changes since publication of the Third Edition, which have significantly strengthened the ICWA and have led to an increased focus on the ICWA as an essential tool to protect Indian children, families, and tribes. These include the U.S. Supreme Court upholding the constitutionality of the ICWA in the case of Haaland v. Brackeen and a new total of 18 states enacting comprehensive state ICWA legislation. Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations and 2016.

The Indian Child Welfare Act Handbook continues to provide a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children.

Table of Contents:

1. The Indian Child Welfare Act and Its Foundations
2. Applicability of the ICWA
3. Jurisdictional Provisions of the ICWA
4. Procedural Requirements of the ICWA
5. Placement Provisions of the ICWA
6. Collateral Challenges to ICWA Determinations
7. Funding of ICWA Programs
8. ICWA: 40 Years Later

• Appendix A: The Indian Child Welfare Act
• Appendix B: Code of Federal Regulations, Title 25 (Indians), Part 23
• Appendix C: Guidelines for Implementing the Indian Child Welfare Act, December 2016 Table of Contents
• Appendix D: State Codes and Court Rules Addressing Indian Child Welfare
• Appendix E: Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs
• Appendix F: Forms
• Bibliography
• Table of Cases
• Index