Introduction to Children, Tribes, and States: Adoption and Custody Conflicts Over American Indian Children

CHILDREN, TRIBES, AND STATES: ADOPTION AND CUSTODY CONFLICTS OVER AMERICAN INDIAN CHILDREN, Carolina Academic Press, 2010

Arizona Legal Studies Discussion Paper No 10-03

17 Pages Posted: 13 Jan 2010

See all articles by Barbara Ann Atwood

Barbara Ann Atwood

University of Arizona - James E. Rogers College of Law

Date Written: January 12, 2010

Abstract

This Introduction to Children, Tribes, and States: Adoption and Custody Conflicts over American Indian Children (Carolina Academic Press forthcoming 2010) provides an overview of the book but begins with the story of my representation of a Northern Cheyenne woman in a child custody dispute two decades ago - a professional experience that fueled my longstanding interest in child welfare and custody law affecting American Indian and Alaska Native children. The book examines the policies driving the Indian Child Welfare Act of 1978 against the backdrop of current ICWA controversies in state courts. In addition, it explores tribal-state competition in inter-parental custody disputes involving Indian children, a contentious arena that falls outside the purview of ICWA and implicates federal, state, and tribal jurisdictional premises. The book emphasizes the emotional and political costs of jurisdictional battles in both ICWA and non-ICWA cases. I propose jurisdictional guidelines for state and tribal courts that build on respect for one another’s legitimacy and competence. At the same time, I develop analytical frameworks to address Native children’s individualized identities, perspectives, and needs.

Keywords: Indian Child Welfare Act, child custody, foster care, adoption, American Indian, ICWA

JEL Classification: K41

Suggested Citation

Atwood, Barbara Ann, Introduction to Children, Tribes, and States: Adoption and Custody Conflicts Over American Indian Children (January 12, 2010). CHILDREN, TRIBES, AND STATES: ADOPTION AND CUSTODY CONFLICTS OVER AMERICAN INDIAN CHILDREN, Carolina Academic Press, 2010; Arizona Legal Studies Discussion Paper No 10-03. Available at SSRN: https://ssrn.com/abstract=1535515

Barbara Ann Atwood (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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