Understanding
the Indian Child
Welfare Act
(ICWA)
Social Services
July 30 - 31, 2009 |
San Diego, CA | Days Hotel
543 Hotel Circle South, San Diego, CA
1-619-297-8800 |
$755 |
**Approved by
the National
Association of Social
Workers (NASW)
for CEUs.**
The federal government created the
Indian Child Welfare Act (ICWA) to
strengthen tribal authority over the adoption
of Native American children. This class
covers the nuts and bolts of the legislation
and its applications to key issues, such as
custody, adoption and divorce.
Through interactive exercises, you’ll have
the opportunity to evaluate a case for application
of the law. You’ll examine the legal,
practical and moral considerations in court
cases. You’ll also learn what happens when
the law requires that a child be returned to
an unhealthy family
situation, what
happens when parents
change their
minds in “giving
up” their children
and options available
when dealing
with teen pregnancy
and adoption.
Topics that will be covered include:
Indian Child Welfare Act
- Overview and purpose
- Legal duty of the U.S. to preserve tribal families
- States and use of one-size-fits-all approaches to child protection
- ICWA concept of the “best interest of the child”
ICWA and Its Application
- Enrollment — Who is an Indian child?
- Federal recognition requirement
- Defining “Indian Country” for purposes of the Act
State Duty
- Jurisdiction
- Intervention
- New case law pertinent to P.L. 280 states
Application
- Notice and time to prepare
- The right to counsel and to examine all reports and documents
- Level of tribal control
- Placement priorities
- Preliminary proceedings
- Assessing the appropriate placement of an Indian child during preliminary procedures
Custody and Adoption
- Return of custody
- Safety issues
- State’s obligation to the tribe
- Tribe’s obligation to the child and family
- Foster care
- Improper removal
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Termination of Parental Rights
- Standard of proof
- Why BARD?
- Burden of proof
- Qualified expert witness
- Active efforts to reunify the Indian family
- Holding the state accountable
- Holding the tribe accountable
Voluntary Termination of Parental Rights and Guardianship
- Comparing state adoption laws to ICWA
- Placement evaluation
- Certifying qualifications for adoption of Indian children — factors to consider
- Teen pregnancy and adoption options
- Special needs children
- Preserving the child’s Indian identity
- Conflict of laws — parents’ right to change their minds
- Role of the tribe
- Familial placement
- Divorce
Is ICWA the Model for Child Welfare?
- Solutions ICWA creates
- ICWA pitfalls
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