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dailykos.com: Indian Child Removal: Racism, "Perverse Financial Incentives," and Willful Violation of the ICWA

28.11.15

Indian Child Removal: Racism, "Perverse Financial Incentives," and Willful Violation of the ICWA: [.dailykos.com] Section 1915 of ICWA mandates that State Departments of Social Services (DSS) undertake all possible "active efforts" to keep Indian children with their parents before removing them from their homes. If those efforts fail, the state is obligated to provide for the "preferential placement" of children with their Indian relatives or tribe. Indeed, all such possible active efforts must be undertaken by DSS officials before any Indian child can lawfully be placed in a non-Indian child-care institution or with a non-Indian foster parent. Section 1916 of ICWA mandates that every State Department of Social Services and every State Court in our nation comply with these preferential placement provisions. Together, these two sections were intended by Congress to be central, remedial provisions of the Act.


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