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University of Michigan Law School

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2022

Indian Child Welfare Act (ICWA)

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Testimony Before The Commission On Native Children, Matthew L.M. Fletcher Jan 2022

Testimony Before The Commission On Native Children, Matthew L.M. Fletcher

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This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act. I make several recommendations:

The Commission should recommend that Congress amend ICWA to provide for effective enforcement mechanisms. Those amendments could include (1) the establishment of express rights to bring interlocutory appellate court actions at more key points in state court child welfare matters, (2) the availability of attorney fees awards for Indian parents and Indian tribes in the event that a state or …