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RESOLUTION IN
SUPPORT OF FULL IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
WHEREAS, with the
passage of the Indian Child Welfare Act (ICWA) of 1978, Congress declared that
there is no resource that is more vital to the continued existence and
integrity of Indian tribes than their children and that the United States has a
direct interest, as trustee, in protecting Indian children who are members of
or are eligible for membership in an Indian tribe;
and
WHEREAS, Congress found
that an alarmingly high percentage of Indian families are broken up by the
removal, often unwarranted, of their children from them by nontribal public and
private agencies and that an alarmingly high percentage of such children are
placed in non-Indian foster and adoptive homes and institutions; and
WHEREAS, Indian
children are over represented in the foster care system; and
WHEREAS, Congress noted
that the States, exercising their recognized jurisdiction over Indian child
custody proceedings through administrative and judicial bodies, have often
failed to recognize the essential tribal relations of Indian people and the
cultural and social standards prevailing in Indian communities and families;
and
WHEREAS, a renewed
commitment to full implementation of the Indian Child Welfare Act will result
in the preservation of the rights, culture, connections, and traditions of
Indian children and
their families.
WHEREAS, full
implementation of the Indian Child Welfare Act requires inquiry into the child’s
Indian ancestry, notice to tribes, active efforts to provide remedial
services and rehabilitative programs designed to prevent the breakup of the
Indian family, a
high standard of proof based on testimony of a
qualified expert witness before removal or termination of parental rights, and
placement preferences with Indian families or other tribal families, and
provisions for exclusive tribal jurisdiction and
intervention.
BE IT THEREFORE
RESOLVED AS FOLLOWS:
That the National Council of
Juvenile and Family Court Judges (NCJFCJ) believes that full implementation of
the Indian Child Welfare Act should be a priority for all state courts;
That NCJFCJ encourages states to
adopt ICWA in its entirety in state law;
That NCJFCJ encourages all judges
to receive training on the ICWA, including the effects of historical trauma,
and the effects of separation from family, culture and tradition;
That NCJFCJ encourages state
Court Improvement Programs to work in meaningful collaboration with tribes to
develop strategic plans to effect full implementation of the Act,including data
collection to track progress;
That NCJFCJ encourages courts to
develop statutes and court rules to enable and welcome tribal attorneys and
qualified expert witnesses in other states to appear in court on behalf of the
tribe, allowing and providing for telephonic appearance when needed;
That NCJFCJ commits to working
closely with state courts, Indian tribes, and tribal organizations to achieve
full implementation of the Act and track progress of that implementation.
And here is a draft resolution up for consideration at the American Bar Association later this summer:
Source: http://turtletalk.wordpress.com/
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