2016 BIA ICWA Guidelines Released

Here are the 2016 Guidelines. For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this means: 25 USC 1901 et seq (ICWA) has not changed in …

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Sixth Commentary on TNToT — Chapter 5: “Taking Indian Kids Away from Their Homes and Families”

This is the sixth full commentary on “The New Trail of Tears” (TNToT), a book written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying …

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Fletcher: “The Next Justice’s Impact On The Indian Child Welfare Act” (law360.com)

Justice Antonin Scalia’s death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. The court declined certiorari in a pair of tribal labor relations cases where there was a gaping circuit split, possibly …

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Fletcher on ICWA at Cato Unbound

Fletcher on ICWA at Cato Unbound | Turtle Talk Here is “Limit Government Intrusion in Indian Families’ Lives.” This essay is part of a series of online essays at Cato Unbound on the Indian Child Welfare Act. Excerpts: The Indian Child Welfare Act (ICWA) restricts government intervention in Indian families’ lives, imposes important obligations on …

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