What Case Law Exists Under 25 U.S.C. 1914?

Question from Rezlife, What Case Law Exists Under 25 U.S.C. 1914?

Answer from AI:

Understanding 25 U.S.C. 1914

25 U.S.C. § 1914 is a provision under the Indian Child Welfare Act (ICWA) of 1978. This section allows any parent or Indian custodian from whose custody an Indian child has been removed, and the Indian child’s tribe, to petition any court of competent jurisdiction to invalidate such action upon a showing that the action violated certain provisions of the ICWA.

Key Provisions of 25 U.S.C. 1914

The specific provisions that can be challenged under 25 U.S.C. § 1914 include:

• 25 U.S.C. § 1911: Jurisdiction over Indian child custody proceedings
• 25 U.S.C. § 1912: Pending court proceedings
• 25 U.S.C. § 1913: Parental rights and voluntary termination

Relevant Case Law

Several cases have interpreted and applied 25 U.S.C. § 1914. Here are a few notable examples:

1. Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989)
   • This case involved the adoption of Indian children by non-Indian parents. The Supreme Court held that the ICWA applied and that the tribal court had exclusive jurisdiction over the adoption proceedings.
2. Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013)
   • The Supreme Court ruled that certain provisions of the ICWA did not apply when the biological father had not had prior custody of the child. This case clarified the application of ICWA in adoption cases.
3. In re Adoption of T.A.W., 186 Wash. 2d 828 (2016)
   • The Washington Supreme Court held that the ICWA’s requirements for active efforts to prevent the breakup of an Indian family were not met, thus invalidating the adoption under 25 U.S.C. § 1914.

When to Seek Legal Advice

If you believe that a child custody action involving an Indian child has violated the ICWA, it is crucial to seek legal advice. A legal professional can help you understand your rights under 25 U.S.C. § 1914 and guide you through the process of petitioning the court.

Steps to Take

If you are considering action under 25 U.S.C. § 1914, here are some general steps you might take:

1. Consult with a legal professional experienced in ICWA cases.
2. Gather all relevant documentation related to the child custody proceedings.
3. File a petition in a court of competent jurisdiction to invalidate the action.
4. Prepare to present evidence showing that the action violated the ICWA.

Additional Resources

For more information, you can refer to the following resources:

• 25 U.S.C. § 1914 – Cornell Law School
• National Indian Child Welfare Association (NICWA)

Remember, while this information provides a general overview, it is not a substitute for personalized legal advice. Always consult with a legal professional for specific guidance related to your situation.