NARF, NICWA, NCAI, and AAIA submit comments to the BIA on its Guidelines for state courts in Indian child custody proceedings

Last week NARF joined the National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), and the Association on American Indian Affairs (AAIA) in submitting written comments to the Bureau of Indian Affairs (BIA) regarding its Guidelines for state courts in Indian child custody proceedings.
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BIA’s Guidelines were first published in 1979 to provide guidance to state courts about ICWA’s important requirements.  The BIA currently is receiving feedback on whether its Guidelines need to be revised.

Read more and download the text of the comment at the NARF news blog.

A Guide to the Supreme Court Decision in “Adoptive Couple v. Baby Girl” (NICWA, AAIA)

The United States Supreme Court recently issued its opinion in the case of Adoptive Couple v. Baby Girl. This document is designed to:
  • Summarize the decision — what the case held about the Indian Child Welfare Act (ICWA), what it did not hold, and what it implied.
  • Provide advocates for tribes, birth parents (particularly unwed fathers) and Indian children with possible responses to the decision, including:
    • Legal arguments to address issues raised by the Court’s legal holding.
    • Analysis of the potential for state law (primarily through state ICWAs or the equivalent) to address the issues raised by the United States Supreme Court decision, and minimize its negative impact upon tribes and Indian families and children.
    • Information about tribal-state ICWA agreements and the role of such agreements in mitigating the effects of the Court’s decision.

See the full legal analysis document at the Turtle Talk website.