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13 Jan 2011, 11:08 am
Here we have a child who has never resided in an Indian family, and who has a non-Indian mother” and because the child was not a member of an existing Indian family, the father lacked standing to ask the court to apply ICWA.[34] The case of Baby Boy D has a dissenting opinion in which the dissenting justice states that the majority has misconstrued ICWA in holding that ICWA may be disregarded if the child has not been living in an Indian familial setting.[35] … [read post]
13 Jan 2011, 11:08 am
Here we have a child who has never resided in an Indian family, and who has a non-Indian mother” and because the child was not a member of an existing Indian family, the father lacked standing to ask the court to apply ICWA.[34] The case of Baby Boy D has a dissenting opinion in which the dissenting justice states that the majority has misconstrued ICWA in holding that ICWA may be disregarded if the child has not been living in an Indian familial setting.[35] … [read post]