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Full-Text Articles in Law

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser Dec 2023

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell Jul 2023

The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell

Journal of the National Association of Administrative Law Judiciary

The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …


Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells Jan 2017

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

Center on Children, Families, and the Law: Faculty Publications

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …


Federal Child Welfare Legislation., Frank Vandervort Jan 2010

Federal Child Welfare Legislation., Frank Vandervort

Book Chapters

This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.


Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie Jan 2005

Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie

Book Chapters

This chapter provides an overview of federal and uniform statutes that impact the practice of child welfare law.


Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette Jan 1982

Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette

Book Chapters

A central role of the law in our society is to act as buffer between individual citizens and society at large. When personal freedom or liberty is at stake, the law acts as arbiter between individuals and government and allows liberty to be abrogated only after "due process of law." Due process is an attempt to insure fair treatment of all concerned-a quest for fairness. In what follows due process will be discussed further together with some examples of the due process model as applied to the child protection system. Certain risks to personal freedom are inherent in child protection. …