Minnesota Adopts an ICWA Best Practice in its Comments to Court Rules

Here is text from the 2014 Advisory Committee regarding ICWA from the Turtle Talk blog.

“With respect to [Rule 34.03] subdivision 1(j) and (l), in cases where the application of the Indian Child Welfare Act (ICWA) is unclear, such as when it is not yet known whether the child is or is not an Indian child, it is advisable to proceed pursuant to the requirements of the ICWA unless or until a determination is otherwise made in order to fulfill the Congressional purposes of the ICWA, to ensure that the child’s Indian tribe is involved, and to avoid invalidation of the action pursuant to 25 U.S.C. § 1914 and Rule 46.03.”

Read the complete copy of the Order Promulgating Amendments to the Rules of Juvenile Procedure and the Rules of Adoption Procedure.