State Responsibility under the Indian Child Welfare Act: The People of the State of Colorado, in the Interest of K.C. and L.C., Children, and Concerning D.C. (2020)

IF 0.7 4区社会学 Q3 Social Sciences

Justice System Journal Pub Date : 2020-04-02 DOI:10.1080/0098261X.2020.1783766

R. Reid

引用次数: 0

Abstract

Abstract In The People of the State of Colorado, Appellee, In the Interest OF K.C. and L.C., Children, and Concerning D.C., Appellants (2020), the Colorado Court of Appeals issued a ruling to vacate and remand with directions a previous judgment that determined that children who are eligible to enroll in the Chickasaw Nation are not “Indian” pursuant to the Indian Child Welfare Act (ICWA). As a termination of parental right case, the court elevates ICWA requirements of state responsibility from “reasonable efforts” to “active efforts” to ensure that enrollment-eligible children are assisted with the completion of Tribal citizenship and enrollment forms as well as the timely notification of Tribal interests to the courts.

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印第安儿童福利法下的国家责任:科罗拉多州人民，为了K.C.和l.c.的利益，儿童，以及有关哥伦比亚特区(2020)

在“科罗拉多州人民，被上诉人，为了K.C.和l.c.的利益，儿童，以及关于d.c.，上诉人(2020)”一案中，科罗拉多州上诉法院发布了一项裁决，撤销并发回原审判决，并附有指示，该判决认定，根据《印第安儿童福利法》(ICWA)，有资格加入奇卡索民族的儿童不是“印第安人”。作为终止父母权利的案件，法院将ICWA对国家责任的要求从“合理努力”提升为“积极努力”，以确保符合入学条件的儿童得到协助，完成部落公民身份和入学表格，并及时向法院通报部落利益。

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来源期刊

Justice System Journal LAW-

CiteScore

0.90

自引率

14.30%

发文量

期刊介绍： The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.