Indian Child Welfare Act

Practice Area

The attorneys at Brad S. Jolly & Associates have been dealing with issues under the Indian Child Welfare Act ("ICWA") for most of their careers. Some issues we have handled include:

  • Litigation involving state jurisdiction over child custody proceedings involving Indian children residing on-reservation
  • Negotiation of Tribal-State ICWA agreements
  • Issues of who is an Indian child, as defined in the ICWA
  • State compliance with ICWA
  • Advising and assisting tribal social services departments in handling ICWA and non-ICWA child custody matters
  • Advising and assisting tribes in resolving child custody matters in accordance with tribal customs and traditions and using adjudicative bodies other than tribal courts to resolve child custody matters
  • Representation of tribes in intervening in state child custody proceedings to both ensure state compliance with ICWA and ensure the tribe's voice is heard and respected in determining the custody of the child involved