The Oncoming Storm: State Indian Child Welfare Act Laws and the Clash of Tribal, Parental, and Child Rights
AbstractAn increasing trend has been the enactment of state laws that supplement the federal Indian Child Welfare Act of of 1978 (ICWA).1 These state laws grant Indian tribes significant statutory rights that jeopardize the constitutional rights of both children and parents. Two particular examples where such state legislation infringes upon the constitutional rights of parents and children are: (1) mandating that notice be provided to Indian tribes in voluntary adoptions that do not involve state agencies, and (2) restricting the good-cause exception of the ICWA (regarding the grounds to deviate from the placement preferences or to deny a request to transfer jurisdiction from state court to tribal court).2 Indian tribes have increased their lobbying efforts for passage of state Indian child welfare (ICW) laws due, in part, to their increased political clout in many states, which the author believes is a result of Indian gaming revenue. In the past several years, state ICW legislation has been fast-tracked through many state legislatures.3
How to Cite
. The Oncoming Storm: State Indian Child Welfare Act Laws and the Clash of Tribal, Parental, and Child Rights. Journal of Law and Family Studies, [S.l.], v. 15, n. 1, apr. 2014. Available at: <https://epubs.utah.edu/index.php/jlfs/article/view/1208>. Date accessed: 10 dec. 2023.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).