Annotated ICWA Case Law - ICWA Law Center Minneapolis Minnesota, Indian Child Welfare Act (ICWA) of 1978. United States Code Title 25, Indians Chapter 21, Indian Child Welfare 1901

Acknowledgements

This legal reference material was developed by the Indian Child Welfare Law Center and was funded in part by a grant to Loyola University-Chicago from the U.S. Department of Health and Human Services Administration for Children and Families (Award No. 90CT0057/01). The initial project was co-authored by the Indian Child Welfare Law Center and Loyola University; work on that project was completed in 2001. The Indian Child Welfare Law Center built upon and updated that project in Summer 2002.

The author from the Indian Child Welfare Law Center is its Executive Director, Heidi A. Drobnick, J.D. Attorney at Law and Adjunct Professor at the University of Minnesota Law School. Attorney Drobnick is an enrolled member of the Minnesota Chippewa Tribe, Nett Lake Band of Lake Superior Chippewa. Researchers from the Indian Child Welfare Law Center were Jennifer Beck, J.D., and Catherine LaRoque, J.D., both of whom were law students at the time. Attorney Beck’s family is from the Turtle Mountain Band of Chippewa Indians. Attorney LaRoque is an enrolled member of the Sisseton Wahpeton Sioux Tribe of South Dakota. Ben Felcher, J.D. and Jessica Ryan, J.D. both offered valuable editorial comments on the work in progress. The Indian Child Welfare Law Center would like to recognize the Minnesota Justice Foundation and William Mitchell School of Law for providing financial support.

The project Administrator was Maria Vidal de Haynes, Ph.D., Associate Professor, Graduate School of Social Work, Loyola University-Chicago. The project was entitled Culturally Responsive Child Welfare Practice with Urban Indian Children and Families. Justine van Straaten, J.D., M.S.W., and Wendi Page Liss, J.D., M.S.W., provided the initial research for the project. At the time, they were both students at the combined law and social work dual degree at Loyola University-Chicago.

Disclaimer

Nothing contained in this Indian Child Welfare Act Source book (hereinafter Source Book) should be considered the rendering of legal advice. Readers should obtain their own legal advice. The Source Book is intended for educational purposes only. Many of the case quotes are taken directly from the court and are not intended to be relied upon as a substitute for legal advice or research

Organization of the Source Book

The Source Book is organized by section of the Indian Child Welfare Act of 1978. 25 U.S.C. 1901 et seq. (1978)(hereinafter “Act” or “ICWA”). First, the Source Book provides the applicable section of the Act. Second are comments and portions of the BIA Guidelines for State Courts, Indian Child Custody Proceedings, 44 Fed. Reg. 67584-67595 (November 26, 1979). Third are cases relevant to the section. U.S. Supreme Court cases are listed first, when there are any. Remaining cases, mostly state court cases, are organized by the federal circuit within which the state is located.

The Source Book contains all relevant ICWA cases in both federal and state courts in the United States through June 2002. The Source Book does not contain: California cases (discussed below); cases overturned by a higher court (except if noted); or state or local legislation or laws affecting Indian families.

California

California law on the ICWA is not included in this Source Book. The six appellate district courts within the State of California are in disagreement about the application of ICWA. The California Supreme Court has yet to rule on a number of disagreements to settle the interpretation and application of the Act in California. Until then, it is impossible to reach a conclusion in determining California’s application of the Indian Child Welfare Act.