§9.50 Indian Child Welfare Act

LibraryJuvenile Law Deskbook (2021 Supp.)

VI. (§9.50) Indian Child Welfare Act

In Adoptive Couple v. Baby Girl, 570 U.S. 637, 641 (2013), the U.S. Supreme Court made three specific findings regarding the Indian Child Welfare Act:

[W]e hold that 25 U.S.C. § 1912(f)—which bars involuntary termination of a parent’s rights in the absence of a heightened showing that serious harm to the Indian child is likely to result from the parent’s “continued custody” of the child—does not apply when, as here, the relevant parent never had custody of the child. We...

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