ICWA: Indian Child Welfare Act.
I am one of the few attorneys in the State of Michigan that practices in this area of law.
Native America Children are afforded special protection in Michigan under a different set of laws governing neglect and abuse cases.
THE DIFFERENCE BETWEEN ICWA AND CHILD PROTECTION LAWS:
ICWA cases must apply a higher standard in child protection cases:
1. Prior to court involvement DHS must make active efforts to provide services and to keep an Indian family intact before removal of the children from the home. Non-native cases do not require this.
2. After active efforts are exhausted, the court may only accept a petition for neglect and abuse and issue an order for removal of the children when 1) active efforts have failed and are exhausted, and there is a preponderence of the evidence that the children are in immediate risk of harm by the parent(s) and one or more elements of MCL 712A.2(b)(1) or (2) exisit. Non-native cases requrie only a showing of probable cause.
3. At the jurisdictional trial, the court must find that by "Clear and Convincing Evidence" that the child falls within MCL 712A.2(b)(1) or (2), and an Indian Child Welfare expert must give testimony at trial showing that the child is in immediate risk of harm if returned to the parent(s).
4. A the termination of parental rights, the court must find "Beyond a Reasonable Doubt" that 1) DHS provided active efforts to rehabilitate the parents, 2) one of more of the statutory conditions exist under MCL 712A.19b, and an Indian Child Welfare expert must give testimony at trial showing that the child is in immediate risk of harm if returned to the parent(s).
ICWA cases are much different, and many DHS caseworkers, prosecutors and courts do not fully understand the difference between ICWA and non-native cases. Many just want to skip over ICWA and pretend that there is no difference in law, and apply non-ICWA standards. Native people need competent counsel to protect their parental rights and the rights of their native children.
PLACEMENT OF NATIVE CHILDREN IN FOSTER CARE:
Did you know that native children have different placement rules when removed from a native parents' home. Native children must first be placed with native relatives to preserve their heritage. If no suitable relative can be found, then a native child must be place with a native american tribal member or native foster care family. If no suitable tribal member or native foster care family can be found, then the child can be place in regular foster care.
Native America Children are afforded special protection in Michigan under a different set of laws governing neglect and abuse cases.
THE DIFFERENCE BETWEEN ICWA AND CHILD PROTECTION LAWS:
ICWA cases must apply a higher standard in child protection cases:
1. Prior to court involvement DHS must make active efforts to provide services and to keep an Indian family intact before removal of the children from the home. Non-native cases do not require this.
2. After active efforts are exhausted, the court may only accept a petition for neglect and abuse and issue an order for removal of the children when 1) active efforts have failed and are exhausted, and there is a preponderence of the evidence that the children are in immediate risk of harm by the parent(s) and one or more elements of MCL 712A.2(b)(1) or (2) exisit. Non-native cases requrie only a showing of probable cause.
3. At the jurisdictional trial, the court must find that by "Clear and Convincing Evidence" that the child falls within MCL 712A.2(b)(1) or (2), and an Indian Child Welfare expert must give testimony at trial showing that the child is in immediate risk of harm if returned to the parent(s).
4. A the termination of parental rights, the court must find "Beyond a Reasonable Doubt" that 1) DHS provided active efforts to rehabilitate the parents, 2) one of more of the statutory conditions exist under MCL 712A.19b, and an Indian Child Welfare expert must give testimony at trial showing that the child is in immediate risk of harm if returned to the parent(s).
ICWA cases are much different, and many DHS caseworkers, prosecutors and courts do not fully understand the difference between ICWA and non-native cases. Many just want to skip over ICWA and pretend that there is no difference in law, and apply non-ICWA standards. Native people need competent counsel to protect their parental rights and the rights of their native children.
PLACEMENT OF NATIVE CHILDREN IN FOSTER CARE:
Did you know that native children have different placement rules when removed from a native parents' home. Native children must first be placed with native relatives to preserve their heritage. If no suitable relative can be found, then a native child must be place with a native american tribal member or native foster care family. If no suitable tribal member or native foster care family can be found, then the child can be place in regular foster care.