Indigenous Governance Database
Adrian Tobin Smith
Protecting Our Children: A Review of 100+ Tribal Welfare Codes
NNI researchers Mary Beth Jäger (Citizen Potawatomi), Rachel Starks (Zuni/Navajo), and National Indian Child Welfare Association governmental affairs staff attorney, Adrian Smith shared the results of an ongoing study on culture, removal, termination of parental rights, and adoption in tribal child…
Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition
With passage of the Indian Child Welfare Act of 1978 (ICWA), Congress formally recognized Native nations’ inherent authority to govern child welfare matters and provided support for tribal self-determination over child welfare. Because ICWA “assumes that a tribal code is the governance mechanism by…
Protecting Our Children Through Tribal Law: Part II
This graphic presentation highlights key findings from 4 of these topics: jurisdiction, tribal-state relationships, child abuse reporting, and paternity. For highlights of the other topics please see Protecting Our Children Through Tribal Law (Part I).
Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes
Over the last 35 years numerous tribes have created their own child welfare standards. By crafting child welfare codes that balance traditional culture and contemporary needs, tribes both protect member children (and their families) in culturally appropriate ways and reaffirm their sovereign…