Strengthening Tribal Families: Better State Implementation of Indian Child Welfare Law
This law aims to improve how state authorities implement the federal Indian Child Welfare Act (ICWA). It mandates the development of a support plan and technical assistance for states to ensure the rights of Native American tribes and families are respected in child custody cases. Citizens from tribal families will gain greater assurance that procedures for foster care placement or adoption adhere to required federal standards.
Key points
Federal authorities must create a plan and provide technical assistance to states for correctly applying the law protecting Native American families in child welfare cases.
A system will be implemented to monitor states, checking if they timely identify Indian children and notify tribes of court proceedings.
In cases involving foster care or termination of parental rights, states must prove they made 'active efforts' to prevent the breakup of the family.
Regular reports must be submitted to Congress detailing state compliance with these regulations.
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