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The Indian Child Welfare Act

In the Best Interests of the Child and Tribe

By Robert J. McCarthy

Although the U.S. Supreme Court has held that Indian preference placement is one of the most important substantive requirements of the Indian Child Welfare Act (ICWA), state courts have not been responding to this need. This article reviews the ICWA's major provisions, explores some of the court-made exceptions to the Act, and explains why advocates should seek judicial and administrative extension of the ICWA.

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