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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. It gives tribal governments exclusive jurisdiction over ...
e. Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy ...
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]
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.
Inside a jail cell at Laguna Pueblo in New Mexico, Albertyn Pino’s only plan was to finish the six-month sentence for public intoxication, along with other charges, and to return to her abusive ...
Nygaard filed appeals in tribal and federal courts, and the case wound its way through the legal system for nine years before making its way to the 8th Circuit Court of Appeals, which affirmed the ...
Tribal rights are also covered by the act. [14] Tribal courts have exclusive jurisdiction for cases arising on Indian reservations [15] and concurrent jurisdiction elsewhere. The case may be removed from a state court to a tribal court at the request of the tribe [fn 2] unless one of the Indian child's parents object. [17]
The lack of staff in the Oglala Sioux ICWA office and CPS office has been noticed by state officials. Matt Althoff, the DSS secretary, said transfer rates for Native children from state court to ...