In response to an increasing frequency of often unwarranted removals of Indian children from their homes, resulting in a continuing breakup of Indian families, Congress enacted the Indian Child Welfare Act of 1978. The Act was intended to diminish the problem by, among other things, modifying child removal procedures and by providing for greater tribal involvement m the proceedings and placements. This Article analyzes the effectiveness of the Act in achieving the intended goals. After summarizing the significant provisions, the author concludes that because of ambiguous language and confusing provisions, the Act creates more problems than it solves, with the Indian child as the unfortunate victim.
Russel Lawrence Barsh,
The Indian Child Welfare Act of 1978: A Critical Analysis,
31 Hastings L.J. 1287
Available at: https://repository.uchastings.edu/hastings_law_journal/vol31/iss6/2