Suffer the Little Children
Year: 2017
Type: preprint
Abstract: Generally speaking, federal law prohibits treating people differently based on their race. But there is an exception: the Indian Child Welfare Act (ICWA). The ICWA overrules state family law protections based on the best interest of the child, in favor of the demands of the parents or tribal leaders—even if the child has no involvement with the parent or tribe. This law has resulted in overruling parent wishes (when they conflict with the tribe) and returning Indian children to situations the courts themselves acknowledge are dangerous. This article reviews the content and history of the ICWA and discusses current legal challenges to it.
Source: SSRN Electronic Journal
Author: Timothy Sandefur
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3131394604