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5th Circuit ICWA Opinion Cuts Protections For Native Tribes & Families In Limited Jurisdiction

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Victoria Wicks file photo
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Earlier this week the Fifth Circuit Court of Appeals released an extensive opinion on the Indian Child Welfare Act.

Lawyers immediately started to examine its potential effect on legal processes in place for more than 40 years.

An attorney with the American Civil Liberties Union says much of the law still stands, but some important protections have been found unconstitutional.

The appellate ruling is binding on courts only in Texas, Louisiana, and Mississippi, the states in the Fifth Circuit. If it is appealed, the U.S. Supreme Court is likely to grant a hearing.

Victoria Wicks reports for SDPB.

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Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007.
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