US: Families seek a fresh court hearing in a case related to the ICWA

Families and states seeking to replace 1978 ICWA (Indian Child Welfare Act) that favoured Native Americans in foster care system and procedures in terms of an option involving native American children want a fresh court hearing. On October 1, people seeking a fresh hearing, want ir problem to be dressed in front of an entire panel of appeals court judges. challenge included non-Native American families in a lot of states who have legally opted or want to opt Native American Children.

Indian Child Welfare Act

ICWA is a law that overlooks separation of Native American Indian children from ir respective families in foster care homes or option cases, etc. This particular act gave tribal government power of authority in cases related to child custody that particularly involved Indian children, by giving tribal government special power in terms of jurisdiction such as where child would be putting up or wher child is a part of tribe or not.

Child Welfare Act was incorporated as a response to forced removal of Native American children from ir houses and from ir culture as well. Before 1978 act was enacted, numbers leing up to 25 or 30 % of Native American children were forcibly separated from ir families, especially Native American Families and were sent to homes that did not have any connection to  Native American Culture. 

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Choctaw girl case

In a case related to provisions set by  ICWA, Supreme Court declined to mediate in settling a case on account of a Choctaw girl who h been sent to foster care with a non-Native American family in California after her biological parents were unable to provide for her. 

couple attempted to opt young child, infringing upon state laws and ICWA, in spite of fact that state and courts h cautioned m that Choctaw Nation of Oklahoma h jurisdictional authority and that objective of family reunification was very important.

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couple was represented by a lawyer who has challenged tribal jurisdiction in or ICWA cases. couple declined to let go of young girl in 2016, regardless of a court request. This resulted in concerned court giving an order of forced separation of girl from her foster family.

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(With inputs from AP)