Abstract
In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused and neglected Indian children is on the rise. Consequently, state child welfare agencies are overwhelmed, and caseworkers are only able to intervene in the most egregious situations. This understaffing of state agencies forces other family members and non-relatives to step in and care for these children. The federal Indian Child Welfare Act of 1978 ("ICWA") was enacted by the United States Congress to stem the removal, often unwarranted, of an alarmingly high percentage of Indian children from their families through both public and private custody actions. This Article explores the recent proliferation of state statutory provisions permitting non-parents to obtain parental rights and custody of Indian children without the involvement of state agencies and argues for the applicability of ICWA to such private actions.
Recommended Citation
Jill E. Tompkins,
Finding the Indian Child Welfare Act in Unexpected Places: Applicability in Private Non-Parent Custody Actions,
81
U. Colo. L. Rev.
1120
(2010).
Available at:
https://scholar.law.colorado.edu/lawreview/vol81/iss4/6