In observance of Native American Day, celebrated in California on the fourth Friday of September, Follow Our Courts looks at how Riverside and San Bernardino counties are reportedly failing to comply with the Indian Child Welfare Act.
The Indian Child Welfare Act, enacted more than 40 years ago, gives child custody jurisdiction to Native American tribes if the children involved are members of the tribe. It is intended to keep Native American children in Native American homes, due to “abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement,” according to the California Supreme Court.
A child’s Native American ancestry must be investigated during custody proceedings under the law.
The Court of Appeal recently criticized the local superior courts for too frequent reversals of custody orders resulting from a failure to conduct such an investigation thoroughly.
To read our many stories about these cases, click here.
[/wlm_private]
