Analysis

​​​​​​​At 40, ICWA May Be Facing Its Biggest Legal Hurdle

Law360 (February 9, 2018, 9:28 PM EST) -- The Indian Child Welfare Act has proved to be a powerful tool to keep Native American children with tribal families since it was enacted in 1978, but a recent suit by Texas, Louisiana and Indiana might be the sternest challenge yet to the constitutionality of the law.  

The law, commonly known as ICWA, seeks to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” by imposing federal standards for state child custody cases involving Indian children, such as adoption and foster care placement.

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