The American Bar Association Family Law Section has released, “The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children, Fourth Edition,” a comprehensive resource.
Now fully revised and updated, the handbook 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 continue to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations in 2016.
The authors are Kelly Gaines-Stoner and Jack F. Trope. Gaines-Stoner serves as the Tribal Law and Policy Institute’s victim advocacy legal specialist.
Trope is currently an independent legal consultant working primarily with tribes and Indian organizations. He also serves as an associate justice on the High Court of the Upper Mattaponi Tribe.
“Indian Child Welfare Act Handbook, Fourth Edition” is available now for $99.95 from major retailers, including ABA (800-285-2221 or ShopABA.org and Amazon.
Now fully revised and updated, the handbook 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 continue to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations in 2016.
The authors are Kelly Gaines-Stoner and Jack F. Trope. Gaines-Stoner serves as the Tribal Law and Policy Institute’s victim advocacy legal specialist.
Trope is currently an independent legal consultant working primarily with tribes and Indian organizations. He also serves as an associate justice on the High Court of the Upper Mattaponi Tribe.
“Indian Child Welfare Act Handbook, Fourth Edition” is available now for $99.95 from major retailers, including ABA (800-285-2221 or ShopABA.org and Amazon.
