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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 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.
Haaland v. Brackeen, 599 U.S. 255 (2023), was a Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that sought to declare the Indian Child Welfare Act (ICWA) unconstitutional.
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.
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]
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