“The wholesale separation of Indian children from their families is perhaps the most tragic and destructive aspect of American Indian life today.”
The Indian Child Welfare Act (ICWA) was enacted in 1978 because of the disproportionately high rate of removal of Indian children from their traditional homes and tribes – and from Indian culture as a whole. In addition to ensuring that the child’s tribe has an opportunity to participate – and be a party – in child custody proceedings involving tribal children, ICWA provides for certain substantive protections to ensure that removal of children from their parents is necessary for their safety. Before the enactment of ICWA, as many as 25% to 35% of all Indian children were being removed from their Indian homes and placed in non-Indian homes, with presumably an absence of Indian culture.
In this CLE course, Michele Hannah provides a detailed examination of the Indian Child Welfare Act (ICWA). The main topics presented and discussed include the historical reasons for the statute, what is a tribe & who is an Indian and key elements of the ICWA statute. Mrs. Hannah also address historical trauma, Indian boarding schools, state policies, constitutionality, standards, what ICWA covers, definitions, tribal jurisdiction, Public Law 280, tribal rights, notice of disclosure of documents, the expert witness requirement, who qualifies as an expert, the role of the expert, placement preferences, deviation from placement, case law, voluntary proceedings, Adoptive Couple v. Baby Girl 133 S. Ct. 2552 (2013) and In Re Alexandria P. (2016).
Michele Hannah serves as Deputy General Counsel for the Pechanga Band of Mission Indians. She has a joint degree in law and American Indian Studies from UCLA. Before joining Pechanga’s Office of General Counsel, Michele served as a staff attorney in the Escondido office of California Indian Legal Services for over 5 years. At CILA, her work focused on tribal representation in ICWA cases, estate planning and training under the American Indian Probate Reform Act, cultural resource protection, tribal court development, and gaming and economic development. As Deputy General Counsel, Mrs. Hannah provides general representation to the tribal government in all matters and serves as Chair of the Conference Planning Committee.