These guidelines make it clear that a child’s extended birth family is irrelevant and the only matter of concern is the wishes of tribal government.
It claims to be protecting families – while treating as irrelevant the fact that the vast majority of eligible children are multi-racial with many extended family members who are non-tribal. If I am understanding correctly – with these rules, tribal governments CAN take children from their non-tribal extended family – and it appears no one will be allowed to question it.
Birth parents can refuse tribal court, but not grandmas, aunts, uncles….
It further states that a tribal government can intercede at any point in a proceeding, for any reason – and they can do so on the basis that the tribe’s rights have been violated. It doesn’t have to have anything to do with parental wishes or the best interest of the child – as theses rules state that Congress has already decided that a child’s best interest is with the tribe.
“SUMMARY: These updated guidelines provide guidance to State courts and child welfare agencies implementing the Indian Child Welfare Act’s (ICWA) provisions in light of written and oral comments received during a review of the Bureau of Indian Affairs (BIA) Guidelines for State Courts in Indian Child Custody Proceedings published in 1979. They also reflect recommendations made by the Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence and significant developments in jurisprudence since ICWA’s inception. The updated BIA Guidelinesfor State Courts and Agencies in Indian Child Custody Proceedings promote compliance with ICWA’s stated goals and provisions by providing a framework for State courts and child welfare agencies to follow, as well as best practices for ICWA compliance. Effective immediately, these guidelines supersede and replace the guidelines published in 1979.
PLEASE CONTACT SENATOR JOHN HOEVEN (202) 224-2551, SENATOR HEIDI HEITKAMP (202) 224-2043 AND REPRESENTATIVE KEVIN CRAMER (202) 225-2611 AND TELL THEM THIS IS NOT ACCEPTABLE!
PLEASE CONTACT YOUR OWN STATE’S CONGRESSIONAL DELEGATION AND TELL THEM AS WELL!