The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children - 4th Edition - Kelly Gaines-Stoner

The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children 4th Edition Kelly Gaines-Stoner ISBN 9781639057009

Now fully revised and updated, the Fourth Edition of The Indian Child Welfare Act Handbook is the definitive guide to the Indian Child Welfare Act of 1978 (ICWA). Enacted to address the widespread removal of Native American children from their families by state and private agencies, the ICWA ensures that children placed outside their homes are situated in environments that reflect and preserve their cultural heritage and tribal traditions. This handbook examines case law from courts nationwide, highlighting that ICWA issues extend far beyond reservations and their surrounding communities.

Since the Third Edition, significant legal developments have strengthened ICWA protections and increased its prominence as a critical tool for safeguarding Indian children, families, and tribes. Key updates include the U.S. Supreme Court’s affirmation of ICWA’s constitutionality in Haaland v. Brackeen and the adoption of comprehensive state ICWA legislation in 18 states. This edition analyzes hundreds of new decisions, including the first rulings following the 2016 ICWA regulations.

The Indian Child Welfare Act Handbook remains an indispensable resource for attorneys, social workers, counselors, and others involved in cases affecting Native American children, providing practical guidance and comprehensive analysis of ICWA’s evolving landscape.

Table of Contents

• The Indian Child Welfare Act and Its Foundations

• Applicability of the ICWA

• Jurisdictional Provisions of the ICWA

• Procedural Requirements of the ICWA

• Placement Provisions of the ICWA

• Collateral Challenges to ICWA Determinations

• Funding of ICWA Programs

• ICWA: 40 Years Later

• Appendices

  • A: The Indian Child Welfare Act

  • B: Code of Federal Regulations, Title 25 (Indians), Part 23

  • C: Guidelines for Implementing the Indian Child Welfare Act, December 2016

  • D: State Codes and Court Rules Addressing Indian Child Welfare

  • E: Indian Entities Recognized and Eligible to Receive Services from the U.S. Bureau of Indian Affairs

  • F: Forms

• Bibliography

• Table of Cases

• Index

The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children 4th Edition Kelly Gaines-Stoner ISBN 9781639057009, 978-1639057009 & 9781639057016

Authors
Kelly Gaines-Stoner
Jack Frederick Trope