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Support Info: If you are a Survivor and need emotional support, a national crisis line is available 24 hours a day, seven days a week: Residential School Survivor Support Line: 1-866-925-4419. Additional Health Support Information: Emotional, cultural, and professional support services are also available to Survivors and their families through the Indian Residential Schools Resolution Health Support Program. Services can be accessed on an individual, family, or group basis.” These & regional support phone numbers are found at https://nctr.ca/contact/survivors/ .

Canada's Residential Schools

The religious organizations that operated the schools — the Anglican Church of Canada, Presbyterian Church in Canada, United Church of Canada, Jesuits of English Canada and some Catholic groups — in 2015 expressed regret for the “well-documented” abuses. The Catholic Church has never offered an official apology, something that Trudeau and others have repeatedly called for.

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Monday, July 2, 2012

What to do if your child is taken: contact NARF

I have been asked what can an Indian parent do to protect their child if the state has taken them into custody. Obviously on reservations, poverty is often cited as a reason. Well, the Indian Child Welfare Act of 1978 is a federal law supposed to prevent the state from removing children to non-Indian homes.

If you are a parent, contact the Native American Rights Fund and their lawyers - first!

The Native American Rights Fund (NARF) is the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide.  NARF's practice is concentrated in five key areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues. 

The online edition of "A Practical Guide to the Indian Child Welfare Act" is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA). 

Those unfamiliar with ICWA are encouraged to first read the introduction to the Guide
While the topical sections are identical to the print version, the electronic copy has links to thousands of state and federal resources (cases, laws, etc.), updated through September 2011, not found in the print copy.

  1. Application
  2. Jurisdiction
  3. Who has rights under the Act
  4. Notice
  5. Intervention
  6. Emergency removal
  7. Transfer
  8. Role of tribal courts
  9. Recognition of tribal law
  10. Tribal-state agreements
  11. Foster care placement and removal
  12. Active efforts requirement
  13. Termination of parental rights
  1. Expert witnesses
  2. Access to records for tribal enrollment purposes
  3. Placement
  4. Voluntary proceedings
  5. Adoption
  6. Application of other federal laws
  7. Enforcement of ICWA requirements
  8. Application of standards higher than ICWA requirements
  9. Resources
To obtain a print copy of the Guide you may either download a PDF copy for research or educational use or purchase one for a nominal fee.
Appendices
Federal resources
State resources
Case index A to Z
Tribal Resources
Contacts
Flow charts
Forms
Bibliography
NICWA Training
Additional Content:
DHS Title IV-E Policy Sample Title IV-E Agreement
Brochure Copyright
NARF Publications
Practical Guide to the Indian Child Welfare Act 
Also read: Fort, Kathryn, Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act (April 6, 2012). Tulsa Law Review, Forthcoming; MSU Legal Studies Research Paper No. 10-06. Available at SSRN: http://ssrn.com/abstract=2035451
http://www.narf.org/icwa/print.htm

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