CHILDREN AND THE LAW
...Dependency Petitions
......Indian Child Welfare Act (ICWA)
.........Existing Indian Family
9 Cards On This Topic:

In ICWA proceedings, court shall consider all listed findings, strive to promote stability and security of Indian tribes and families, comply with ICWA, and seek to protect best interest of child.

In all Indian child custody proceedings, as defined in ICWA, court shall consider all required findings, strive to promote stability and security of Indian tribes and families, comply with the ICWA, and seek to protect the best interest of the child.

No evidence court applied the Existing Indian Family Doctrine, which is not now viable in CA.

"Existing Indian family" doctrine not valid, and juvenile court erred in using it to support conclusion that the ICWA did not apply to C.

Existing Indian family doctrine has no place in application of ICWA; only exceptions to applying ICWA's provisions are specified by Congress; judicial creation of additional exceptions not permitted.

"Existing Indian family doctrine" frustrates ICWA policies by returning to time when Indian minors removed from parents by gov. authorities with no basis for evaluating Indian culture.

ICWA inapplicable where Indian parent has no significant ties with child or Indian culture and child has strongly bonded with non-Indian adoptive parents.

ICWA inapplicable where neither child nor parents had significant social, cultural or political relationship with Indian life; no existing Indian family to preserve.

ICWA limited in application to Indian children who belong to "existing Indian family"; parents must show significant social, cultural or political relationship with Tribe.