Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Indian child

Read a random definition: practice court

A quick definition of Indian child:

An Indian child is a person under the age of 18 who is either a member of an Indian tribe or eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe. The Indian Child Welfare Act is a law that helps protect the best interests of Indian children and promotes the stability and security of Indian tribes and families. It sets rules for child-custody proceedings, including foster-care placement, preadoptive placement, adoptive placement, and termination of parental rights. The Act has an important rule that says if there is a custody dispute involving an Indian child who lives on a reservation, the tribe and its tribal courts have exclusive jurisdiction. If the child lives off a reservation, the state court should usually defer and transfer the case to the tribal court unless there is a good reason not to.

A more thorough explanation:

An Indian child is a person who is under the age of 18, unmarried, and either a member of an Indian tribe or eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

The Indian Child Welfare Act (ICWA) is a federal law that governs child-custody proceedings involving a child of American Indian descent. The Act aims to protect the best interests of Indian children, promote the stability and security of Indian tribes and families, and counteract the disproportionate foster-care placement and adoption of Indian children by non-Indians.

The ICWA provides minimum federal standards for removing Indian children from their families and placing them in foster or adoptive homes that reflect the values of the Indian culture. In a custody dispute involving an Indian child who resides in or is domiciled within an Indian reservation, the tribe and its tribal courts have exclusive jurisdiction. In a custody dispute involving an Indian child who lives off a reservation, any state court should usually defer and transfer the case to the tribal court unless a party demonstrates good cause to the contrary.

An example of an Indian child is a 16-year-old girl who is a member of the Navajo Nation and lives on the reservation with her family. If there were a custody dispute involving her, the Navajo Nation and its tribal courts would have exclusive jurisdiction over the case.

Another example is a 10-year-old boy who is eligible for membership in the Cherokee Nation and lives off the reservation with his non-Indian foster parents. If there were a custody dispute involving him, any state court should usually defer and transfer the case to the Cherokee Nation tribal court unless a party demonstrates good cause to the contrary.

These examples illustrate how the Indian Child Welfare Act applies to children who are members of or eligible for membership in Indian tribes and how the Act aims to protect their best interests and promote the stability and security of Indian tribes and families.

Index to the U.S. Patent Classification System | Indian Child Welfare Act

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
LSD+ is ad-free, with DMs, discounts, case briefs & more.