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Native Children Have Increased Rights

Filed Under (Child Abuse) by Scott on 10-02-2010

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The Kansas Supreme Court upheld the rights of Native Americans in a case decided last week.  The trial court in Johnson County, Kansas terminated the rights of indigenous parents in a Child in Need of Care (CINC) case.  The parents and their child had Native American heritage.

The Kansas Supreme Court overturned the termination.  The Johnson County court failed to apply the extra requirements of the Indian Child Welfare Act (ICWA).  The social worker did not meet the requirements for an expert in cases involving Native Americans.

This case demonstrates the importance of compliance with the Indian Child Welfare Act in cases involving children with Native American heritage.

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