Brackeen v. Haaland: What Does the Future Hold for the Indian Child Welfare Act?

November is both National Native American Heritage Month and National Adoption Month. Tomorrow, November 9, the U.S. Supreme Court is scheduled to hear a case that has implications related to both, Brackeen v. Haaland, which concerns the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963. The ICWA governs the removal, placement, and return of Native American children in child welfare proceedings for both foster care and adoption. At issue on appeal is the constitutionality of the act’s child placement preferences, as set forth in 25 U.S.C. § 1915. This blog sets forth the ICWA’s child placement preferences and a brief procedural history of the case.

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Latest & Greatest - The Adoption Law Handbook: Practice, Resources, and Forms for Family Law Professionals

Adoption can be a tricky process and generally requires the assistance of an experienced adoption professional to ensure that the adoption is done correctly within the proper jurisdiction and in conformance with applicable state laws. To shed some light on this often complicated process, attorney and author Jennifer Fairfax has prepared The Adoption Law Handbook: Practice, Resources, and Forms for Family Law Professionals.

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