NCJ Number
147291
Date Published
1994
Length
117 pages
Annotation
The purpose of this book is to guide lawyers and judges through the maze of overlapping and sometimes conflicting legislation dealing with abused children and the interpretation of that legislation by courts.
Abstract
The author begins with an overview of the fundamental nature of the parent-child relationship and then examines the philosophy of the juvenile court system, explains the special needs of Indian children, analyzes juvenile court proceedings, and suggests changes in the law to protect abused children. The author also assesses the impact of the Indian Child Welfare Act. Consideration is given to pretrial issues with respect to child custody, child welfare, and juvenile proceedings and to adjudication, disposition, and the termination of parental rights. The special rights of Indian parents are discussed, such as notice, additional time to prepare for proceedings, the indigent parent's right to court-appointed counsel, the right to examine all reports and documents filed with the State court, the right to remedial services and rehabilitative programs, the right to intervene and petition the State court to transfer the case to tribal court or to veto such transfer, ways of reducing cultural bias, placement preferences for Indian children, and procedural protections governing voluntary consent to termination of parental rights. 781 footnotes