Times have certainly changed since the original Guidelines were issued. Administrative law and the power of the federal government have shifted considerably in the past forty years. In addition, there was no way the federal government could foresee the dramatically different applications of ICWA across the fifty states. These new regulations are necessary because without them the application of the law is arbitrary, with Indian children treated differently depending on which state’s courtroom they are in. Having disparate interpretations of ICWA was certainly not the intent of Congress in passing a federal law, and conflicts with the rationale of the Supreme Court’s decision in Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 45-46 (1989) (describing the need for uniformity in defining ‘‘domicile’’ under ICWA). These regulations will provide a stronger measure of consistency in the implementation of ICWA and prevent the application of different minimum standards across the United States, contrary to Congress’ intent.Here is a selection of a few of the major groups in support (as available from Regulations.gov or sent directly to us at fort [at] law [dot] msu [dot] edu):
American Bar Association
Association on American Indian Affairs
Michigan Tribal-State Judicial Forum
National Indian Child Welfare Association
National American Indian Court Judges Association
National Council of Juvenile and Family Court Judges
Today is the last day to comment–send an email to firstname.lastname@example.org with “ICWA” in the subject line.
And this is an important paper:
Northwest. Id. ...