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• Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.
• Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
• Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur, sed do eiusmod.

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• Language of ICWA

  Sometimes the words mean what they say and say what they mean, but oftentimes the language is subject to interpretation.

• ICWA Regulations

  The 2016 Regulations offer much-needed clarification of how to interpret and implement ICWA provisions. In addition to the text of the regulations, the lengthy prologue offers assistance in interpreting them.

• Legislative History

  If the meaning is not obvious from the language of ICWA, courts may look at the legislative history to try to determine what Congress meant. In addition to the testimony we discussed previously, the House report accompanying the law is often quoted by courts interpreting various ICWA provisions.

• BIA Guidelines

  After ICWA was originally passed, the Bureau of Indian Affairs adopted guidelines with its interpretation of the ICWA provisions. The guidelines were updated in 2016 in conjunction with issuance of the regulations. The guidelines are not binding law on the courts, but they are instructive and often cited in court opinions.

• Treatises

  Courts also sometimes look at treatises (books written by experts) to help them interpret various ICWA provisions. For example, the Alaska Supreme Court often cites to Craig Dorsay’s The Indian Child Welfare Act and Laws Affecting Indian Juveniles Manual, written in 1984.

• United States and Alaska Supreme Court Decisions

  U.S. Supreme Court and Alaska Supreme Court decisions not only deal with the individual case being considered, but they also establish general principles of law (“precedent”) that must be followed in similar cases.

• Child in Need of Aid (CINA) Rules

  The court rules are adopted by the Alaska Supreme Court; mostly, they cover procedural matters, such as how and when court hearings are held. The CINA Rules are fairly comprehensive, and they set out the state and ICWA findings that must be made at each court hearing.

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