Friday, June 1, 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.

No comments:

Criminal Justice Degree Schools