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NCJ Number: 251263 Find in a Library
Title: Indian Child Welfare Act Judicial Benchbook
Corporate Author: National Council of Juvenile and Family Court Judges
United States of America
Date Published: 2017
Page Count: 66
Sponsoring Agency: National Council of Juvenile and Family Court Judges
Reno, NV 89507
Office of Juvenile Justice and Delinquency Prevention
Washington, DC 20531
Grant Number: 2015-CT-BX-K001
Sale Source: Office of Juvenile Justice and Delinquency Prevention
US Dept of Justice
810 Seventh Street NW
Washington, DC 20531
United States of America
Document: PDF
Type: Instructional Material; Legislation/Policy Analysis; Legislation/Policy Description; Report (Grant Sponsored); Report (Technical Assistance)
Format: Document; Document (Online)
Language: English
Country: United States of America
Annotation: This benchbook provides guidance for family court judges in complying with the federal Indian Child Welfare Act (ICWA), which was enacted in 1978 in response to the high percentage of Indian children being removed from their families, often unwarranted, to be placed by non-tribal public and private agencies in non-Indian foster homes and institutions.
Abstract: The rationale for this federal legislation was that states were often failing to recognize the essential tribal relations of Indian people and the cultural and social standards that prevail in Indian communities and families. In 2003, the National Council of Juvenile and Family Court Judges (NCJFCJ) published checklists to guide judges and judicial officers in implementing ICWA. The checklists have been used by courts across the nation. The Department of Interior, Bureau of Indian Affairs (BJA) promulgated federal regulations governing ICWA in 2016. These binding regulations provide additional definitions, timelines, and required judicial findings that must be made on the record. The statute and regulations together create the minimum federal requirements for Indian families. States may increase protections and requirements, but may not decrease them. This bench book is designed for a national audience, only addressing federal requirements under the ICWA. Judges should become familiar with higher protections for Indian children and families in their particular jurisdiction. Following a presentation of the basic provisions of the ICWA, the benchbook addresses ICWA minimum requirements for the preliminary protective hearing, the adjudication hearing, the disposition hearing, the review hearing, the permanency planning hearing, the termination of parental rights, and the adoption hearing.
Main Term(s): Juvenile case disposition
Index Term(s): American Indians; Child placement services; Court procedures; Cultural influences; Family courts; Federal legislation; Hearings; Indian affairs; Judges; Judicial decisions; Judicial educational programs; Judicial process; National Council of Juvenile and Family Court Judges; OJJDP grant-related documents; OJJDP Resources; Tribal Courts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=273443

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