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Simple English definitions for legal terms

Indian child

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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

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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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