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    The Changing Legal Environment and ICWA in Alaska: A Regional Study

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    Author
    Rieger, Lisa
    Brown, Caroline
    Metadata
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    URI
    http://hdl.handle.net/11122/4205
    Other identifiers
    JC 0012.01
    Abstract
    By 1974, according to the Association of American Indian Affairs, approximately 25 to 35 percent of all Indian children were separated from their families and placed in foster homes, adoptive homes, or institutions.The Indian Child Welfare Act (ICWA) was passed in 1978 in response to this overwhelming evidence that Native children were being adopted out of tribes at alarming rates. ICWA mandates that tribes and Alaska Native villages have jurisdiction over their child welfare cases, and mandates certain rules when Native children's cases are heard in state courts, including permitting the tribe to intervene in the state case at any time, higher levels of proof, and special evidentiary requirements. This report describes the current implementation status of ICWA in Interior and Southcentral Alaska, with an analysis of the changing legal environment and its significance for Alaska Native villages. In Alaska, recent changes in state law and state court acceptance of the tribal role in ICWA proceedings has legally eliminated state resistance to tribes transferring cases from state court to their own forums, and may lead to a change in the numbers of cases heard in tribal courts in Alaska.
    Table of Contents
    Acknowledgements / Introduction / Historical Analysis of ICWA Implementation in Alaska / Ethnographic analysis of ICWA implementation in Alaska / Conclusion / Recommendations / Bibliography / Appendix: Eklutna Questionnaire
    Date
    2001-11
    Publisher
    University of Alaska Anchorage Justice Center
    Type
    Report
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    Reports

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