skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66975 Find in a Library
Title: INDIAN CHILD WELFARE - A JURISDICTIONAL APPROACH
Journal: ARIZONA LAW REVIEW  Volume:21  Issue:4  Dated:(1979)  Pages:1123-1145
Author(s): M T JONES
Corporate Author: University of Arizona
College of Law
United States of America
Date Published: 1979
Page Count: 23
Sponsoring Agency: University of Arizona
Tucson, AZ 85721
Format: Article
Language: English
Country: United States of America
Annotation: THIS ESSAY DISCUSSES THE INDIAN CHILD WELFARE PROBLEM AND ALSO THE PROBLEMS CONFRONTED BY STATE AND TRIBAL COURTS IN DETERMINING AND ENFORCING JUDICIAL DECISIONS CONCERNING AMERICAN INDIAN CHILD CUSTODY.
Abstract: MOST INDIAN CHILDREN SEPARATED FROM THEIR NATURAL PARENTS ARE PLACED INTO THE CARE OF NON-INDIANS. TRIBAL COURTS HAVE TRIED TO ASSERT JURISDICTION OVER CHILD CUSTODY PROCEDURES, BUT IN SOME INSTANCES STATE COURTS HAVE ASSERTED JURISDICTION OVER INDIAN CHILDREN. STATE COURTS HAVE OFTEN FAILED TO RECOGNIZE THE ESSENTIAL TRIBAL RELATIONS OF INDIAN PEOPLE AND THE CULTURAL AND SOCIAL STANDARDS PREVAILING IN INDIAN COMMUNITIES AND FAMILIES. BECAUSE OF TRIBAL SOVEREIGNTY, THE JUDGMENTS OF THE STATE COURTS HAVE NOT ALWAYS BEEN ENFORCEABLE ON THE RESERVATIONS, WHILE TRIBAL COURT JUDGMENTS, UNTIL RECENTLY, HAVE NOT BEEN ENFORCEABLE IN STATE COURTS BECAUSE THE FULL FAITH AND CREDIT CLAUSE WAS DETERMINED TO BE INAPPLICABLE TO INDIAN TRIBES. THE INDIAN CHILD WELFARE ACT OF 1978 ESTABLISHED THAT JURISDICTION WILL NO LONGER BE PREDICATED ON GEOGRAPHICAL FACTORS BUT ON THE ETHNIC IDENTITY AND TRIBAL TIES OF THE CHILD. TRIBAL COURTS NOW HAVE EQUAL STANDING WITH STATE COURTS AND HAVE REAL AUTHORITY TO ADJUDICATE CHILD CUSTODY ISSUES. THE ACT HAS THREE LIMITATIONS CONCERNING THE TRIBE'S EXTRATERRITORIAL JURISDICTION: (1) ONLY THOSE CASES INVOLVING THE SEVERANCE OF THE PARENT-CHILD RELATIONSHIP MAY BE TRANSFERRED FROM STATE TO TRIBAL COURT; (2) AN INDIAN PARENT MAY VETO THE TRANSFER; AND (3) THE STATE COURT MAY DETERMINE THAT THERE IS GOOD CAUSE TO RETAIN JURISDICTION IN ORDER TO PROVIDE A MORE CONVENIENT FORUM OR TO PROTECT THE RIGHTS OF THE INDIAN PARENTS, CHILD, AND TRIBE. FOOTNOTES ARE INCLUDED. (JLF)
Index Term(s): American Indians; Child custody; Child welfare; Indian justice; Laws and Statutes; Tribal court system; United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66975

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.