The ICWA and Constitutionality
The ICWA and Constitutionality
Constitutionality of the ICWA has been challenged in many states by people seeking to overturn the protections of the Act. The courts have generally rejected these cases and found the Act constitutional. In California, three of the six appellate courts have found that an “Existing Indian Family” exception to the Act must be applied in order for the ICWA to be constitutional; the other three have rejected the exception and found the Act constitutional.
ICWA and Constitutionality
Friday, March 30, 2007