The Indian Child Welfare Act: Background, Application, and Recent Administrative & Court Developments


Re-Broadcast on January 9, 2017

This webinar provides a comprehensive review of the Indian Child Welfare Act, including the reasons for the Act's passage, its application in foster care and adoption proceedings in state courts, and recent developments in both administrative and judicial arenas.

This course is co-sponsored with the Federal Bar Association.

Key topics to be discussed:

  • History of Federal, State, Tribal child welfare relations and rationale for ICWA
  • Key ICWA Provisions
  • Recent Challenges: State and Federal Court Adjudication of Cases Where ICWA is at Issue

Date / Time: January 9, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

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  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
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sam-daughetySam Daughety is a member of Dentons’ Public Policy and Regulation practice and Native American Law and Policy practice. Sam has substantial experience advising clients on complex Indian lands and Indian gaming issues, including tribal-state compacts and related agreements, the fee-to-trust process, leasing, regulatory compliance, and tribal governmental and administrative matters. He regularly assists clients in developing viable strategic solutions in the face of legislative and regulatory challenges.

Sam has represented tribal interests in numerous matters before state and federal courts of appeal and in arbitration proceedings. He also has represented national tribal organizations as amicus curiae before federal courts on matters with widespread implications for tribal trust lands, federal administrative procedure, and child welfare. Throughout his career, Sam has advised clients on all manner of legal and policy issues related to the Indian Child Welfare Act (ICWA), and has represented tribes and tribal interests in trial and appellate court proceedings involving ICWA in multiple states.

Prior to joining Dentons, Sam served as an assistant attorney general for the Tohono O’odham Nation, a federally recognized Indian tribe. In that capacity, he advised the Nation’s legislative council, executive branch and departments on a wide variety of matters related to federal Indian law.

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Section I. History of Federal, State, Tribal child welfare relations and rationale for ICWA

Section II. Key ICWA Provisions
a) Notice provisions (involuntary state court proceedings) – § 1912(a)
b) Voluntary state court proceedings – § 1913
c) Tribal intervention – § 1911(c)
d) Exclusive jurisdiction – § 1911(a), (d)
e) Concurrent jurisdiction (transfer, good cause) – § 1911(b)
f) Evidentiary requirements (state court) – § § 1912(d), (e)
g) Placement preferences – § 1915
h) Invalidation of state proceedings – § 1914
i) Miscellaneous (“existing Indian family” exception and federal preemption)

Section III. Recent Challenges:  State and Federal Court Adjudication of Cases Where ICWA is at Issue
a) Interplay between state and federal adjudication
b) Timeline of Recent Developments
c) Federal Guidelines/Regulations
d) Recent Cases (federal and state)