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Center for Advanced Studies in Child Welfare

Center for Advanced Studies in Child Welfare

Cherokee Nation seeks to define membership of child for ICWA case

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Cross-posted from the Stabilty, Permanency and Adoption blog.

fanciershawl_250x.jpgA controversial ruling by the U.S. 10th Circuit Court of Appeals regarding an Indian Child Welfare Act case has been brought to the U.S. Supreme Court on behalf of the Cherokee Nation. The Cherokee Nation is asking the U.S. Supremem Court to determine whether the tribe has the jurisdiction to define their members regarding Indian Child Welfare Act cases.

The question raised by the Cherokee Nation is whether the courts violated ICWA because of the Cherokee Nation Citizenship Act that grants tribal membership to all infants up to 240 days after birth. The 10th Circuit Court ruled that ICWA does not apply to the Cherokee Nation Citizenship Act because by definition, an Indian child under ICWA must be already enrolled in the tribe and in this particular case the child's mother was not an enrolled member of the Cherokee tribune until after the placement.

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