Indian Child Welfare Act

Indian Child Welfare Act August 2013

RESOLVED, that the American Bar Association urges the full implementation of, and compliance with, the Indian Child Welfare Act (25 U.S.C. §§1901-63).

FURTHER RESOLVED, That the ABA encourages federal, state and tribal governments to provide the training and resources necessary to fully implement and enforce compliance with the Indian Child Welfare Act.

FURTHER RESOLVED, That the American Bar Association urges:
(a) state court collaborations with tribal courts, tribal court improvement programs, tribal governing bodies, and other tribal authorities to protect American Indian and Alaska Native children and to ensure appropriate treatment of, and resources for, American Indian and Alaska Native families and children at all levels of government;

(b) increased use of federal Title IV-E cooperative agreements and memoranda of understanding between states and Tribes to enable Tribes to operate their own child protection programs;
(c) assistance to Tribes and tribal courts in enhancing legal services, case management, and child welfare services functions;
(d) efforts to reduce the disproportionate number of American Indian and Alaska Native children removed from their homes; and
(e) significant increases in the financial support provided Tribes and tribal courts by the U.S. Departments of Interior, Justice, and Health and Human Services that enhance services to American Indian and Alaska Native children and their families, and to the legal and judicial systems that serve them. 

FURTHER RESOLVED, That the American Bar Association encourages and supports efforts of state and local bar associations, legal services organizations, law schools , child welfare and adoption agency legal counsel, and other legal assistance providers to develop training and materials that educate the legal profession on requirements of the Indian Child Welfare Act and improvement of its implementation.


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