This Essay argues that the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes.
This article explains the importance of the Supreme Court decision in Haaland v. Brackeen. The Court rejected all of the constitutional challenges to the Indian Child Welfare Act (ICWA) — some on the merits and others for lack of standing.
The Maine Wabanaki-State Child Welfare Truth & Reconciliation Commission Mandate signed by the five Wabanaki Chiefs and Governor LePage June 29, 2012.
On May 24, 2011, Wabanaki Chiefs, Governor Paul LePage and MITSC Commissioner Denise Yarmal signed a Declaration of Intent committing the entities to conduct a collaborative Truth and Reconciliation Process examining what has happened, what is happening, and what needs to happen regarding Maine child welfare practices with Wabanaki people.
On May 24, 2011, Wabanaki leaders and Governor Paul LePage gathered at Indian Island to sign a Declaration of Intent committing the six governments to undertake a truth and reconciliation process to examine what happened to Wabanaki People who had contact with the State of Maine child welfare system, to promote healing, and to suggest possible system reform.
This article analyzes claims made by opponents of the Indian Child Welfare Act in the Haaland v. Brackeen case.
Maine Supreme Judicial Court decision on transfer of jurisdiction from a Maine state court to a tribal court.
Maine Supreme Judicial Court decision on whether the state child welfare agency adequately investigated a parent's alleged Indian status and applicability of the ICWA to the case prior to terminating parental rights.
Maine Supreme Judicial Court decision on whether the state child welfare agency made "active efforts" to prevent the breakup of an Indian family, as required by the ICWA.
Maine Supreme Judicial Court decision on whether state court removal of non-Indian children from the Tribe's territory is impermissible state regulation of an "internal tribal matter" under the Maine Implementing Act.
Maine Supreme Judicial Court decision on whether children were "Indian Children" within the meaning of the ICWA.
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