The new Guidelines, not updated since 1979, look really good. For example, there are fifteen examples of active efforts, which are explicitly separated out from ASFA findings. There is some clear language around determining putative fathers. They clarified 1922’s emergency removal provisions. They took out the “advanced stage of the proceedings” exception for transfer to tribal court. And quoting now,
There is no exception to the application of ICWA based on the so-called “existing Indian family doctrine.”
Thank you to everyone for all of the work on this. This is huge.
Also, thanks to C.N. for the heads up.