Introduction to the Third Edition

• Library: The Indian Child Welfare Act Handbook: A Legal Guide to Custody and Adoption (ABA) (2018 Ed.)

Since the second edition of this Indian Child Welfare Act (ICWA) handbook was published, there have been some significant legal developments—arguably the most important developments since the law was enacted 40 years ago. In 2016, the Department of the Interior issued ICWA regulations for the first time. Although it had issued nonbinding guidelines in 1979, this is the first time that regulations have been issued pursuant to the Administrative Procedures Act. Under the Chevron doctrine, deference is provided to such regulations if the delegated agency's interpretation is based upon a permissible construction of the statute. As a result, we have incorporated the provisions of those regulations in our discussions of the various procedural and substantive requirements of the ICWA. The Department of Health and Human Services has also issued amendments to the Adoption and Foster Care Analysis Reporting System, a data system administered by states and tribes that operate the Title IV-E Foster Care and Adoption...