Projects - Indian Child Welfare and Child Support Enforcement

The Forum has been very active in providing and assisting with basic and advanced education on the Indian Child Welfare Act. Educational programs at the First and Second Listening Conferences held in 2006 and 2016 included panel discussions on important topics and concerns involving native children and the state-tribal court relationship. In addition, the Forum actively and continuously participates in judicial training for state court judges. In addition, the Forum remains focused on the issues of child support enforcement and the objective of some tribes and nations to develop a memorandum of understand (MOU) with New York State on the repatriation of child support cases currently in the state courts.

In November 2007, the Forum sponsored two educational sessions on ICWA which brought together clan mothers, law guardians and other persons involved in care of children who come before the courts.

ICWA Conference Materials

 

Overview of the Law

• Department of Interior ICWA Guideline
• Federal Statute: 25 USC§§ 1901, et seq
• Federal Regulations: 25 CFR Part 23
• Guidelines for State Courts: Indian Child Custody Proceedings
• New York Statutes: Social Services Law § 2 & § 39
• New York Regulations: 18 NYCRR 431.18; 428.9, 430.11; (as of April 2008)
• ICWA Brackeen v. Haaland Case 2022
  • U.S. Supreme Court Brackeen v. Haaland case: American Civil Liberties Amicus Brief (August 2022)
  • U.S. Supreme Court Brackeen v. Haaland case: American Bar Association Amicus Brief (August 2022)
  • U.S. Supreme Court Brackeen v. Haaland case: Oral Argument November 9th, 2022

 

Resources

• ICWA; Designated Tribal Agents for Service of Notice (as of April 15, 2022)
• NYS Office of Children and Family Services - NAS
  • Guide to Compliance with Federal Indian Child Welfare Act in New York State
  • Indian Child Welfare Act Compliance Desk Aid
  • A Proud Heritage: Native American Services in New York State
• ICWA List of Clan Mother Consultants
• A Practical Guide to the Indian Child Welfare Act

ICWA Contact Database

A new resource aims to utilize technology to help agencies and organizations meet legislative requirements necessary for Indian Child Welfare Act (ICWA) compliance. Ayazuta, which means "connect" in the Lakota language, is a comprehensive source for up-to-date and searchable ICWA contact information. The database is updated every 6 months to include:

• Downloadable ICWA Tribal contact data
• Information on qualified ICWA expert witnesses
• Other resources searchable by Tribe name, State, or keyword

To view these tools and more, visit: Ayazuta or Department of Interior ICWA Guideline