Reflecting on the Purpose and Equity of the Legislature on Adoption of the Indian Children in the USA (original) (raw)
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Justice System Journal, 2020
In The People of the State of Colorado, Appellee, In the Interest OF K.C. and L.C., Children, and Concerning D.C., Appellants (2020), the Colorado Court of Appeals issued a ruling to vacate and remand with directions a previous judgment that determined that children who are eligible to enroll in the Chickasaw Nation are not “Indian” pursuant to the Indian Child Welfare Act (ICWA). As a termination of parental right case, the court elevates ICWA requirements of state responsibility from “reasonable efforts” to “active efforts” to ensure that enrollment-eligible children are assisted with the completion of Tribal citizenship and enrollment forms as well as the timely notification of Tribal interests to the courts.
Non-Exclusive Adoption and Child Welfare
2014
This Article proposes that child welfare law permit the non-exclusive adoption of foster children who cannot reunify with their parents — that is, adoption by foster parents without severing children’s legal relationships with their biological parents. Present law imposes a choice: extended family members or other foster parents may adopt foster children exclusively — and terminate the legal relationship between the child and biological parents — or they may become guardians — which preserves parent-child relationships but denies foster parents the legal title of “parent,” even when they are long-term primary caretakers. Non-exclusive adoption would respect the lived reality of many foster children by legally recognizing all parents in their lives. Biological parents, even those who cannot reunify with their children, retain an important role for many foster children. Foster parents serve as functional parents and often see themselves, and are seen by children, as parents. Moreover,...