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WSLG173 – Group Proposes Changes to Indian Child Welfare Act in the Wake of State Court Decision to Place Child Adopted by a Non-Indian Family with Her Indian Father – 8/16/2012

WSLG173 – Group Proposes Changes to Indian Child Welfare Act in the Wake of State Court Decision to Place Child Adopted by a Non-Indian Family with Her Indian Father – 8/16/2012 published on No Comments on WSLG173 – Group Proposes Changes to Indian Child Welfare Act in the Wake of State Court Decision to Place Child Adopted by a Non-Indian Family with Her Indian Father – 8/16/2012

Author: Jane M. Smith

Pages: 2

A group calling itself the Coalition for the Protection of Indian Children & Families is calling for changes to the Indian Child Welfare Act (ICWA) in the wake a decision by a South Carolina state court. In this instance, a child of Cherokee descent had originally been placed for adoption immediately after her birth by her non-Indian mother with a non-Indian couple. However, upon learning of her adoption, her father ? a member of the Cherokee Nation of Oklahoma ? challenged the adoption under ICWA, which establishes placement preferences for Indian children with Indian families or Indian institutions before non-Indian placements. The South Carolina Supreme Court upheld the lower state court decision awarding custody to the father in late July 2012 in Adoptive Couple v. Cherokee Nation.

 

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