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NCJ Number: 153548 Find in a Library
Title: Factors and Events Leading to the Passage of the Indian Child Welfare Act
Journal: Child Welfare  Volume:79  Issue:1  Dated:(January/February 1995)  Pages:264-282
Author(s): M Mannes
Date Published: 1995
Page Count: 19
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Indian child welfare legislation is explored.
Abstract: The Indian Child Welfare Act, Public Law 95-608 (Act), became law on November 8, 1978. This article examines the historical and contemporary forces and events, paying particular attention to the actions of key organizations and individuals, that led to the passage of this landmark piece of American Indian child welfare legislation. Also included is a description of the contents of the Act. The article states that prior to the passage of this law, American Indian children were routinely removed from their families and placed in foster homes and for adoption with non-Indian couples. All of these actions were carried out without consultation with either tribal officials or the Indian community. The Devils Lake Sioux Community challenged these actions, leading to the passage of this Act. Title I of the Act affirmed tribal governments' authority to assume jurisdiction over child custody placement proceedings involving reservation children and also required State courts to transfer jurisdiction for Indian children living off-reservation to tribal courts. Title II appropriated funds to the Bureau of Indian Affairs for grants to tribal governments and off-reservation Indian organizations for child welfare programs that would protect children, serve families, and preserve tribal culture. The other two titles set forth record-keeping and information procedures and called for a study to determine how the lack of local day schools might be contributing to the breakup of Indian families. References
Main Term(s): Tribal court system
Index Term(s): Indian affairs; Juveniles
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