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The Indian Child Welfare Act of 1978 provides for tribal jurisdiction in adoption and custody cases of Indian children who are domiciled in Indian country. Children ultimately take the domicile of their parents, and children born to unwed parents take the domicile of their mother. [39] Tribal courts also exercise jurisdiction in adoption and ...
The history of independent tribal courts is complex and has been shaped by the federal government's policies towards Native American tribes. [5] The establishment of independent tribal courts was a result of the Indian Reorganization Act of 1934, which aimed to promote tribal self-government and to preserve Native American culture and traditions. [6]
The Indian Child Welfare Act of 1978 (ICWA, enacted November 8, 1978 and codified at 25 U.S.C. §§ 1901–1963 [1]) is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
The Parental Kidnapping Prevention Act was supposed to prevent parents from taking custody battles across state lines. But Congress did not specifically mention tribal nations.
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Editor's note: This is the seventh piece in a six-installment series about Native American children in South Dakota's foster care system, produced in partnership between the Argus Leader and South ...
NBC News wrote "Tribal courts can hear custody cases involving their citizens — even if there are existing orders in place from another court, the U.S. Court of Appeals for the 8th Circuit ruled." This appeal was won after kidnapping conviction, when a mother - a member of Cheyenne River Sioux, took her children to the South Dakota ...
The New Mexico Supreme Court on Tuesday ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that ...