Thứ Sáu, 1 tháng 6, 2007

Fourth Has First Impression of ICWA Issue

Seminole Tribe v. DCF is a case released on Wednesday from the 4th DCA, and dealing with an issue of first impression in this state. In a nutshell, the Seminole Tribe of Florida brought suit against DCF on the basis that, by placing a child taken from his mother with a family other than the one suggested by the Tribe, DCF ignored the mandates of the Indian Child Welfare Act. The Fourth District relied on a similar Alaskan decision and on the child's medical needs to find a legitimate departure from a presumption in favor of the Tribe.

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