Indian Child Welfare Act – Page 17

Resolutions Favoring Indian Child Welfare Act

July 25, 2013Matthew L.M. Fletcher

Here is the resolution adopted unanimously by the National Council of Juvenile and Family Court Judges board:

NCJFCJ ICWA Resolution 2013

And here is a draft resolution up for consideration at the American Bar Association later this summer:

ICWA Resolution and Rpt Amended 7-3-13 Revised

Intersections of the ICWA and Reproductive Freedom Movement

July 19, 2013Matthew L.M. Fletcher

Here.

An article on an intersectional analysis about the Baby Veronica case from Coya White Hat-Artichoker, a Queer Native Woman who is a Social Justice & Reproductive Justice Advocate – who was also adopted.

Emily Bazelon: “Send Baby Veronica Back”

July 18, 2013July 18, 2013Matthew L.M. Fletcher

Here.

Pro Se ICWA Cert Petition Filed with Supreme Court

July 12, 2013August 1, 2013Matthew L.M. Fletcher2 Comments

The case is captioned James L. v. Devin H.

Petition here.

Docket here.

~~We will post the entire petition once we get it.~~

Questions presented:

The Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63 applies, with two express exceptions, “In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved”. Despite that fact, many state courts of last resort, and countless state appellate courts in this country have been called upon, year after year, throughout the 35 year history of the Act, to decide a single question of Federal law. That question has involved hundreds of custody disputes to date and a significant number of Indian children each and every year. It is one of the most important questions which this Honorable Court will ever decide regarding the ICWA, and one which all Indian children, families, and tribes have needed a conclusive answer from this Court on for the past 35 years:

(1) Does the Indian Child Welfare Act apply to an involuntary child custody proceeding involving an Indian child, between biological parents and a third party non-parent?

As a separate issue, Petitioner also presents the following question:

(2) Does awarding conservatorship of a child to a third-party non-parent, over the objections of a biological parent and without a finding of parental unfitness, unconstitutionally infringe upon “the interest of parents in the care, custody and control of their children”?