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Applicability of the Indian Child Welfare Act

A Primer for District Court Judges on Determining the Applicability of the Indian Child Welfare Act (ICWA)

On February 19, 2015, Judge Anne McKeig, Presiding Judge in Family Court, 4th Judicial District, presented a primer regarding determining the applicability of the Indian Child Welfare Act (ICWA).  The presentation covered:
  • Why making a determination that the ICWA applies is important
  • Timing of the determination
  • Important definitions and distinctions under ICWA
  • What judges should do if they think the child may be an Indian child
  • How to ensure parties to the case fulfill notification responsibilities under ICWA
NOTE:  The February 19th WebEx discussed ICWA and the 1979 Bureau of Indian Affairs (BIA) Guidelines for State Courts; Indian Child Custody Proceedings. Following the WebEx, the Department of the Interior released updated Guidelines. The Bureau of Indian Affairs Guidelines for State Courts and Agencies in Indian Child Custody Proceedings became effective February 25, 2015.

Click on the links below to access the webex recording, powerpoint, and other materials: