ERIC Number: ED264982
Record Type: Non-Journal
Publication Date: 1979-Dec-3
Reference Count: N/A
A Critical Analysis of the Indian Child Welfare Act of 1978.
Edwards, Karl O.
Questions about the usefulness of the Indian Child Welfare Act of 1978 are raised in this paper, which emphasizes references to the federally recognized tribal governments of Montana. Part 1 presents an historical overview of the political status of American Indians, especially issues that have influenced federal and tribal attitudes toward Indian child welfare legislation. Part 2 compares specific provisions of Senate Bill 1214, House Resolution 12533, and Public Law 95-608--known as the Indian Child Welfare Act--concluding that the final bill is a poor compromise of the original intent as written in Senate Bill 1214. Part 3 looks at dissenting views presented to House and Senate committees and observes that the majority of dissension came from political leaders in Montana and was intended to postpone action on the legislation. Part 4 views proposed regulations for the Indian Child Welfare Act and presents a critical assessment of the role played by the Bureau of Indian Affairs in drafting regulations. Appendices contain a variety of related material including correspondence and texts of the bills and proposed rules and regulations. (JHZ)
Descriptors: American Indian Reservations, American Indians, Child Welfare, Children, Federal Indian Relationship, Federal Legislation, Federal Regulation, Hearings, Political Attitudes, Political Issues, Self Determination, Social Problems, Tribal Sovereignty, Tribes, Trust Responsibility (Government)
Publication Type: Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Montana
Identifiers - Laws, Policies, & Programs: Indian Child Welfare Act 1978