ICWA and burden of proof.

[Leomarth]

If I understand what I've been reading, if your children qualify under ICWA, the burden of proof for the state to take them away goes up from preponderance to clear and convincing, right?

If that's true, I seriously hope they qualify. My mom was 1/2, so that makes me 1/4, and them 1/8th.

[LindaJM]

http://www.courtinfo.ca.gov/programs/cf ... sJan08.pdf

Yes, the burden of proof is 'clear and convincing' for ICWA cases. Are you registered with your tribe?

[Leomarth]

http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/ICWARequirementsJan08.pdf

Yes, the burden of proof is 'clear and convincing' for ICWA cases. Are you registered with your tribe?

My mom says she is registered with her tribe. I am not. We already had one ICWA hearing, and we were told the tribe had not responded. The way the AAG made it sound, he hadn't actually asked yet. So the judge postponed the ICWA decision until July.

[LindaJM]

Are you asking for tribal registration?

Honestly, I don't think tribes are any better at handling child welfare cases than anyone else, but you're right that there's a different standard of proof applied. How discriminatory is that for the rest of us?

I live in a tribally-dominated small town and have heard complaints about the tribal child welfare system. There's also a website about ICWA cases... lots of complaints. Tribes (some, maybe not all) apparently view child welfare cases as yet another good way to get government funding.

Indian Child Welfare Act - ICWA - Is A Disaster For Many Families

[Leomarth]

Are you asking for tribal registration?

Honestly, I don't think tribes are any better at handling child welfare cases than anyone else, but you're right that there's a different standard of proof applied. How discriminatory is that for the rest of us?

I live in a tribally-dominated small town and have heard complaints about the tribal child welfare system. There's also a website about ICWA cases... lots of complaints. Tribes (some, maybe not all) apparently view child welfare cases as yet another good way to get government funding.

Indian Child Welfare Act - ICWA - Is A Disaster For Many Families

Not yet. I wonder if they would apply it retroactively if I did?

We're several states away from my tribe, so I doubt they'd get actively involved. And my lawyer tells me the higher standard of proof only applies if the tribe actually gets involved.

They're in South Dakota, we're in Arizona.