From the website here. Press release here.
The new Guidelines, not updated since 1979, look really good. For example, there are fifteen examples of active efforts, which are explicitly separated out from ASFA findings. There is some clear language around determining putative fathers. They clarified 1922’s emergency removal provisions. They took out the “advanced stage of the proceedings” exception for transfer to tribal court. And quoting now,
There is no exception to the application of ICWA based on the so-called “existing Indian family doctrine.”Thank you to everyone for all of the work on this. This is huge.
Measuring Compliance with the Indian Child Welfare Act: An Assessment ToolkitThe NCJFCJ is committed to helping state courts achieve full ICWA compliance. A new resource is now available to the courts (or Court Improvement Programs) to help achieve this goal. Measuring Compliance with the Indian Child Welfare Act: An Assessment Toolkit, provides concrete tools and recommendations for the state courts to assess their current compliance with ICWA. The Toolkit identifies strengths and weaknesses of different data collection approaches, provides sample tools or questions for the sites, and identifies resources and examples of putting this into practice. If you have any questions or would like additional information about measuring ICWA compliance in your jurisdiction, you can e-mail the research team at firstname.lastname@example.org.
Measuring Compliance with the Indian Child Welfare Act: An Assessment Toolkit - February 28, 2014
We can thank a little girl named Veronica Brown for these changes... she is in our prayers...Trace