What to do if your child is taken: contact NARF

I have been asked what can an Indian parent do to protect their child if the state has taken them into custody. Obviously on reservations, poverty is often cited as a reason. Well, the Indian Child Welfare Act of 1978 is a federal law supposed to prevent the state from removing children to non-Indian homes.

If you are a parent, contact the Native American Rights Fund and their lawyers - first!

The Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide.  NARF's practice is concentrated in five key areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues. 

The online edition of "A Practical Guide to the Indian Child Welfare Act" is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA). 

Those unfamiliar with ICWA are encouraged to first read the introduction to the Guide
While the topical sections are identical to the print version, the electronic copy has links to thousands of state and federal resources (cases, laws, etc.), updated through September 2011, not found in the print copy.

Introduction

Application Jurisdiction Who has rights under the Act Notice Intervention Emergency removal Transfer Role of tribal courts Recognition of tribal law Tribal-state agreements Foster care placement and removal Active efforts requirement Termination of parental rights

Expert witnesses Access to records for tribal enrollment purposes Placement Voluntary proceedings Adoption Application of other federal laws Enforcement of ICWA requirements Application of standards higher than ICWA requirements Resources

To obtain a print copy of the Guide you may either download a PDF copy for research or educational use or purchase one for a nominal fee.

Appendices
Federal resources State resources Case index A to Z	Tribal Resources Contacts Flow charts	Forms Bibliography NICWA Training

Additional Content:
DHS Title IV-E Policy Sample Title IV-E Agreement
Brochure Copyright

NARF Publications

 

Also read: Fort, Kathryn, Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act (April 6, 2012). Tulsa Law Review, Forthcoming; MSU Legal Studies Research Paper No. 10-06. Available at SSRN: http://ssrn.com/abstract=2035451

http://www.narf.org/icwa/print.htm