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NCJ Number: 168522 Find in a Library
Title: Indian Child Welfare Act: Its Impact on Unknowing Adoptive Parents
Journal: Journal of Juvenile Law  Volume:17  Dated:(1996)  Pages:32-44
Author(s): A J DeGarmo
Date Published: 1996
Page Count: 13
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses litigation following the California courtsĀ¦ application of the Indian Child Welfare Act in one specific case.
Abstract: The Indian Child Welfare Act (ICWA) of 1978 gives members of Native American tribes the right to adopt their members' children before those children can be placed in non-Indian homes. A California non-Indian couple adopted twin girls in 1993 when the girls' one-quarter-American Indian father relinquished custody. He subsequently changed his mind and sought to rescind the relinquishment. In January 1996, the Second District of the California Court of Appeal handed down a ruling that the twins could stay with their adoptive parents, but remanded the matter to the lower court with further instructions. The article discusses the ensuing court battles and how the California courts have applied the ICWA in this case. The article addresses the likely outcome of the litigation and its ramifications, showing a clear need for legislative modification of the Act or a final word from the Supreme Court. The article also discusses: the history and legislative intent of the ICWA; sections of the Act relevant to this article; how the Act has been applied historically; the appellate court's decision in this case, including the issues presented and the rationale behind the court's ruling; and the future of this litigation, the future of the ICWA itself and whether the outcome of this case is likely to substantially affect the Act's applicability. (Author's Note: On January 6, 1997, the United States Supreme Court denied review of this case.) Notes
Main Term(s): Juveniles
Index Term(s): American Indians; Appellate courts; California; Child protection laws; Court procedures; Courts; Indian affairs; Laws and Statutes; State courts; Tribal community relations
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