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  • Sovereignty, Jurisdiction, and Tribal Court Considerations Affecting American Indian Children and Families

Sovereignty, Jurisdiction, and Tribal Court Considerations Affecting American Indian Children and Families

The United States has a government-to-government relationship with American Indian and Alaska Native Tribes. Child welfare workers who engage with Native American children and families must be aware of the sovereign status of the child's Tribe and ensure that any case subject to the Indian Child Welfare Act is heard in the proper jurisdiction. Many Tribes operate some form of child protection services, and many have their own Tribal codes, court systems, and child welfare programs. In this section, find resources related to sovereignty, jurisdictional, legal, and judicial issues affecting American Indian children and families. Resources include Tribal court considerations.

Building an Effective Tribal-State Child Welfare Partnership
Capacity Building Center for Tribes 
Provides a toolkit designed to assist Tribes and non-Native partners in child welfare collaboration.

National American Indian Court Judges Association 
Provides resources for Tribal courts to help address the interests of Tribal sovereigns. 

Native American Rights Fund 
Gives legal assistance to Tribes, organizations, and individuals in need of representation. 

Recognition of Tribal Law
National Indian Law Library
Presents practical guidance on jurisdictional priorities to child welfare workers implementing the Indian Child Welfare Act.

Tribal & Native American Affairs
U.S. Department of Health and Human Services, Administration for Children and Families
Provides information on the Administration for Children and Families’ work with Tribal and Native American children and families, including upcoming events, trainings, funding opportunities, and resources. 

Tribal Courts Council
American Bar Association 
Works to enhance the effectiveness of those who work with Tribal courts and their governing bodies and contributes to efforts to improve the fairness and functioning of Tribal courts. 

Tribal Information Exchange 
Capacity Building Center for Tribes 
Offers tools and resources for child welfare professionals engaging with Native American families and children.  

Tribal Law and Order Act
U.S. Department of Justice (2021)
Explains the purpose of the Tribal Law and Order Act and connects to reports about its implementation and ramifications.

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Tribal court considerations

Indian Child Welfare Act
Capacity Building Center for Courts
Explains current tools and resources to support child welfare agencies in measuring and ensuring compliance with the Indian Child Welfare Act.

Indian Child Welfare Act (ICWA) Courts: A Tool for Improving Outcomes for American Indian Children and Families 
National Council of Juvenile and Family Court Judges (2021)
Highlights an ICWA best-practice implementation and offers guidance to jurisdictions on how best to enhance ICWA implementation efforts to achieve better outcomes for children and families. 

Links to State and Tribal Child Welfare Law and Policy

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 360KB)
Year Published
2021
Provides web addresses for State statutes that are accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, child welfare, legal guardianship, services for youth, and Indian child welfare. It also provides web addresses for States' regulation and policy sites, State court rules, Tribal codes, and judicial resources. Links to sources of information about the laws and policies for all States and U.S. territories are available from the state statutes search page.

Tribal Court Clearinghouse
Tribal Law and Policy Institute
Provides extensive information and resources about Tribal laws/codes, Tribal courts, and other related issues, including Tribal justice and child welfare.

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Tribal Courts and Child Welfare Podcast Series
Child Welfare Information Gateway (2019)

  • Episode 31: Tribal Courts and Child Welfare: Adapting to Child Welfare Cases
    Child Welfare Information Gateway (2019)
  • Episode 33: Tribal Courts and Child Welfare: Revising Your Children's Code [Podcast]
    Child Welfare Information Gateway (2019)
  • Episode 34: Tribal Courts and Child Welfare: Partnering with Tribal Social Services
    Child Welfare Information Gateway (2019)
  • Episode 37: Tribal Courts and Child Welfare: Building Relationships With State Counterparts [Podcast]
    Child Welfare Information Gateway (2019)
  • Episode 38: Tribal Courts and Child Welfare: Overcoming Challenges to Working With States
    Child Welfare Information Gateway (2019)
  • Episode 39: Tribal Courts and Child Welfare: Being Family Centered
    Child Welfare Information Gateway (2019)

Spotlight On

Indian Child Welfare Act (ICWA) Publications

National Council of Juvenile and Family Court Judges

Links to State and Tribal Child Welfare Law and Policy
Child Welfare Information Gateway
(2021)

Tribal Justice

U.S. Department of Justice, Office of Justice Programs

Tribal Court Clearinghouse

Tribal Law and Policy Institute

Related Content

Indian Child Welfare Act (ICWA)

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