group of omaha boys in cadet uniforms, carlisle indian school
prior adoption of icwa in 1978, indian children forcibly removed homes , placed in either native american boarding schools or in non-indian foster , adoptive homes. studies conducted in 1969 , in 1974 indicated many 25 35 percent of tribal children being removed homes, , consequently tribal culture. testimony in house committee interior , insular affairs showed in states, per capita rate of indian children in foster care 16 times higher rate non-indians. in cases, bureau of indian affairs (bia) paid states remove tribal children , place them non-indian families , religious groups. congress determined if indian children continued removed indian homes @ rate, tribal survival threatened , stated tribal stability important best interests of child. 1 of factors in judgment that, because of differences in culture, in best interest of non-indian child not in best interest of indian child, due influence of extended families , tribal relationships. indian child welfare act (icwa) enacted in 1978 protect indian tribes , children.
the icwa applies indian children , defined unmarried person under age eighteen , either (a) member of indian tribe or (b) eligible membership in indian tribe , biological child of member of indian tribe. additionally, in case of voluntary adoption of indian child, courts must follow specific guidelines indian birth parents waive parental rights or have them terminated. icwa provides relinquish parental rights, indian parent must:
the indian parent may withdraw consent adoption @ time prior final order, or within 2 years of final order if consent obtained through fraud or under duress. if involuntary termination occurs, must supported evidence beyond reasonable doubt. when consent withdrawn or if icwa procedures not followed, indian child returned indian parent.
tribal rights covered act. tribal courts have exclusive jurisdiction cases arising on indian reservations , concurrent jurisdiction elsewhere. case may removed state court tribal court @ request of tribe unless 1 of indian child s parents object. in case, tribe has right intervene in proceeding , act protect tribal rights of child.
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