Best Interests of an Indian Child definition

Best Interests of an Indian Child means compliance with and recognition of the importance and immediacy of family preservation, using Tribal ways and strengths to preserve and maintain an Indian child’s family. The best interests of an Indian child will support the child’s sense of belonging to family, extended family, clan and Tribe. Best interests of an Indian child are interwoven with the best interests of the Indian child’s Tribe. Best interests must be informed by an understanding of the damage that is suffered by Indian children if family and child tribal identity and contact are denied. Congress has not imposed a “best interests” test as a requirement in Indian Child Welfare Act child custody proceedings. See Bureau of Indian Affairs Guidelines, 44 Fed. Reg. 67,584, 67,592 at D.3. (Nov. 26, 1979). See generally Mississippi Band of Choctaw Indians x. Xxxxxxxxx, 000 X.X. 00 (1989); In re the Adoption of M.T.S., 000 X.X.0x 000, 000 (Xxxx. Xx. App. 1992).
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Best Interests of an Indian Child means compliance with and recognition of the importance and immediacy of family preservation, using Tribal ways and strengths to preserve and maintain an Indian child’s family. The best interests of an Indian child will support the child’s sense of belonging to family, extended family, clan and Tribe. Bestinterests of an Indian child are interwoven with the best interests of the Indian child’s Tribe. Best interests must be informed by an understanding of the damage that is suffered by Indian children if family and child tribal identity and contact are denied.Congress has not imposed a “best interests” test as a requirement in Indian Child Welfare Act child custody proceedings. See Bureau of Indian Affairs Guidelines, 44 Fed. Reg. 67,584, 67,592 at D.3. (Nov. 26, 1979). See generally Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989); In re the Adoption of M.T.S., 489 N.W.2d 285,288 (Minn. Ct. App. 1992).
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Best Interests of an Indian Child means compliance with the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act to preserve and maintain an Indian child's family. The best interests of an Indian child support the child's sense of belonging to family, extended family, and tribe. The best interests of an Indian child are interwoven with the best interests of the Indian child's tribe.
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Examples of Best Interests of an Indian Child in a sentence

  • In responding to the sending agency’s transfer request, the Department is governed by the Best Interests of an Indian Child as set forth in this Agreement.


More Definitions of Best Interests of an Indian Child

Best Interests of an Indian Child means compliance with and recognition of the importance and immediacy of family preservation and using tribal ways and strengths to preserve and maintain an Indian Child’s family. The Best Interests of an Indian Child will support the child’s sense of belonging to family, Extended Family, clan, and tribe. Best Interests of an Indian Child are interwoven with the best interests of the Indian Child’s Tribe. Best Interests must be informed by an understanding of the damage that is suffered by Indian Children if a family and child’s tribal identity is denied or if the child is not allowed contact with her or his family and tribe. Congress has not imposed a “best interest” test as a requirement for Indian Child-Custody Proceedings, state “best interests” standards that are applied in circumstances involving non-Indian Children are different than Best Interests of an Indian Child, and state “best interests” standards” do not control either this Agreement or Indian Child-Custody Proceedings. See BIA Guidelines, 44 Fed. 67,584, 67,592 at D.3. (Nov. 26, 1979); Mississippi Band of Choctaw Indians, 490 U.S. 30, 43-47 (1989).
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