Children, tribes, and states : adoption and custody conflicts over American Indian children / Barbara Ann Atwood.
2010
KIE1355 .A89 2010 (Mapit)
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Author
Atwood, Barbara Ann, 1947-
Title
Children, tribes, and states : adoption and custody conflicts over American Indian children / Barbara Ann Atwood.
Imprint
Durham, N.C. : Carolina Academic Press, [2010]
Copyright
©2010
Description
xii, 323 pages ; 23 cm
Formatted Contents Note
A child's Indian identity
Tribal courts, tribal jurisdiction
Tribal family law
The Indian Child Welfare Act: Policies and controversies
Flashpoints under ICWA
Permanency alternatives for Indian children
The voice of the Indian child.
Tribal courts, tribal jurisdiction
Tribal family law
The Indian Child Welfare Act: Policies and controversies
Flashpoints under ICWA
Permanency alternatives for Indian children
The voice of the Indian child.
Summary
Children, Tribes, and States offers a multi-layered critique of Indian child welfare law. The Indian Child Welfare Act of 1978 (ICWA) provides the governing law and reflects the prevailing federal policy. Three decades after its enactment, the law remains controversial. On one hand, author Atwood agrees that many state courts still resist ICWA's jurisdictional provisions because of distrust of tribes and tribal courts. These jurisdictional battles not only deter the courts from addressing the merits of the children's cases but also prolong the children's stay in temporary care. On the other hand, she argues that when a state court decides the placement of an Indian child, it must take into account the child's individual needs. The book explores alternative placements that may conform to the culture of a child's tribe, such as customary adoption and kinship guardianships. Atwood proposes reforms that aim to protect the children's well-being while fitting with contemporary understandings of tribal sovereignty and the promotion of cultural identity.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KIE1355 .A89 2010
Language
English
ISBN
9781594605222 (paperback ; alkaline paper)
159460522X (paperback ; alkaline paper)
159460522X (paperback ; alkaline paper)
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