2016 BIA ICWA Guidelines Released

Here are the 2016 Guidelines. For those keeping track at home:

February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect)

June 2016, Federal Regulations released (Became Binding on December 12)

December 2016, Updated Guidelines replacing the February 2015 Guidelines

What this means:

25 USC 1901 et seq (ICWA) has not changed in 1978, and provides the minimum federal standards for Indian families. State ICWA laws (and corresponding court rules) that provide higher standards still apply. The federal Regulations are now binding and are like the federal law. The December 2016 Guidelines are now in effect and are non-binding interpretation of the Regulations (given the way they are drafted).

 

This entry was posted in Author: Kate E. Fort, Child Welfare, ICWA and tagged , , . Bookmark the permalink.

One Response to 2016 BIA ICWA Guidelines Released

  1. Pingback: National Council for Adoption Case Vacated and Remanded | Turtle Talk

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