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Indian Child Welfare Act in Custody Cases Involving Domestic Violence  


Author:  Anne L. Perry.


Source: Volume 11, Number 03, Winter 2019 , pp.53-56(4)




Family & Intimate Partner Violence Quarterly

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Abstract: 

In this piece by expert attorney and frequent contributor Anne L. Perry, we learn about the application of the Indian Child Welfare Act (ICWA) to a DV case involving a Native American father who, without an appropriate hearing, would have had his parental rights unjustly terminated. The ICWA rightly recognizes the detrimental impacts of removing Native American children from their homes, and the children’s transfer to non-Native households, that has occurred routinely in the past.

Keywords: Indian Child Welfare Act (ICWA); In the Matter of J.C.; Mississippi Band of Choctaw Indians v. Holyfield

Affiliations:  1: Contributing Editor.

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