Get Existing Indian Family Doctrine

The final rule provides that the qualified expert witness should have knowledge of the prevailing social and cultural standards of the Indian child's Tribe by being qualified to testify as to the prevailing social and cultural standards of the Indian child's Tribe.

Supreme Court Upheld ICWA, But Challenges Could Loom in State Courts. Although the U.S. Supreme Court upheld ICWA in June, challenges have continued in state courts.

ICWA was upheld by the U.S. Supreme Court on June 15, 2023. Indian Child Welfare Act (ICWA) (Haaland v. Brackeen) narf.org https://narf.org › cases › brackeen-v-bernhardt narf.org https://narf.org › cases › brackeen-v-bernhardt

16, 2022. In a major victory for Native American rights, the U.S. Supreme Court on Thursday upheld key provisions of the Indian Child Welfare Act, a law enacted 45 years ago to remedy decades of past government abuse.

In fact, research found that 25%–35% of all Native children were being removed; of these, 85% were placed outside of their families and communities—even when fit and willing relatives were available. Congressional testimony documented the devastating impact this was having upon Native children, families, and tribes. About ICWA - NICWA nicwa.org https://.nicwa.org › about-icwa nicwa.org https://.nicwa.org › about-icwa

Passed House (09/18/2023) This bill revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. 118th Congress (2023-2024): Native American Child Protection Act congress.gov https://.congress.gov › bill › house-bill congress.gov https://.congress.gov › bill › house-bill

The Petitioners in Brackeen challenged the constitutionality of these and other related provisions on multiple grounds. Their primary claim was that Congress lacked the authority to enact ICWA and that several provisions of the Act violate the anticommandeering principle of the Tenth Amendment. Brackeen: Indian Child Welfare Act withstands challenge - Emory Law emory.edu https://law.emory.edu › releases › 2023/07 › carter-scotu... emory.edu https://law.emory.edu › releases › 2023/07 › carter-scotu...