| I. Involuntary Proceedings |
| 25 U.S.C. § 1912 B.H. v. People in Interest of X.H., 138 P.3d 299 ( |
The ICWA does
not prevent the removal of children from parental care in D&N proceedings,
the termination of parental rights, or the placement of children in adoptive
homes. It provides strict procedural and
jurisdictional requirements, however, before removal or termination may occur.
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| Reference |
The ICWA
protects the best interests of Indian children and promotes the stability and
security of Indian tribes and families.
|
| Reference | Indian
tribes have a separate interest in Indian children, distinct from, but equivalent
to, parental interests.
|
| Reference |
The ICWA
applies even if the child is not in, and has never been in, an existing Indian
family. The ICWA presumes that the
protection of an Indian child’s relationship with the tribe is in the child’s
best interests.
The protection of the tribal interest is
at the core of the ICWA.
|
| People
in Interest of S.R.M., 153 P.3d 438 ( |
The ICWA must be liberally construed in favor of Indian interests. |