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Article: Indian Family Exception Doctrine: Still Losing Children Despite the Indian Child Welfare Act
- Article from:
- Child Welfare
- Article date:
- July 1, 2006
- Author:
CopyrightCopyright Child Welfare League of America, Inc. Jul/Aug 2006. Provided by ProQuest LLC. (Hide copyright information)
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Since 1982, the Indian Family Exception Doctrine has been circumventing the Indian Child Welfare Act of 1978. Although not clearly defined, the doctrine has been pivotal in several American Indian child welfare cases in the United States. Over time, the doctrine continues to evolve and self-define. Several phrases have become part of the definition, such as Indian family and culture. This doctrine presents major concerns and implications in the field of child welfare.
The Indian Child Welfare Act (ICWA) (RL. 95-6078), which Congress passed in 1978, was designed to stop the child welfare practices that resulted in the break-up of American Indian families. Before the ICWA, many courts and ...