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April 29, 2016 @ 1:00 pm - 5:00 pm
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Sponsored by the Office of the Child’s Representative and the Office of Respondent Parents’ Counsel
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Audience: All welcome – presentation tailored to Judicial Officers and Attorneys in Child Welfare Cases
CLE: Credit pending
Description: You may think you know all about the Indian Child Welfare Act but do you really? Whether you have been involved in an ICWA case or not, this session is for you! The national expert who spoke about ICWA at the 2015 ABA Children and the Law Conference, Margaret Burt, will be in Colorado to present an afternoon presentation directed to lawyers and Judicial Officers. Attendees will spend the afternoon reviewing the legal process and requirements of ICWA, particularly as it applies to child welfare cases and to adoptions. The presentation will cover the basic statutory requirements and also interweave both the recent U.S. Supreme Court decision of Adoptive Couple v. Baby Girl and the new 2015 BIA Federal Guidelines to discuss how they have changed the practice of ICWA in child welfare cases. Bring your questions!
1:00- 1:15 – Understanding why ICWA was passed, the current issues of the SCOTUS decision in Baby Girl and the 2015 Federal Guidelines.
1:15 – 2:00 – When is a case an ICWA case? How to determine if a child is an ICWA child and what cases require ICWA to be applied.
2:00 – 2:30 – What is the proper jurisdiction? When does a case stay in the state court or when is it transferred to a tribal court?
2:30 – 2:45 – What are the “notice” requirements?
2:45 – 3:00 BREAK
3:00 – 4:00 – The procedural and evidentiary requirements to do a proper placement of an ICWA child and a proper termination or surrender, including the “QEW” requirements.
4:00 – 4:30 The ICWA placement preferences.
4:30 – 5:00 Questions