Upcoming Article: From Theory to Practice: Incorporating the “Active Efforts” Requirement in Indian Child Welfare Act Proceedings
Megan Scanlon's student comment will be published in the upcoming summer 2011 edition of the Arizona State Law Journal. Here is a brief summary. From Theory to Practice: Incorporating the “Active Efforts” Requirement in Indian Child Welfare Act Proceedings The Indian Child Welfare Act (“ICWA”) recently turned thirty-three. The ICWA is a fascinating law because it has remained unchanged since its inception, and its terms have only reached the United States Supreme Court in a single case. Yet, the ICWA is frequently applied to thousands of cases across the country without consistency. In particular, the “active efforts” requirement within the ICWA continues to plague both state and tribal courts. Confusion surrounding the meaning of active efforts and what the term requires is a challenge confronting judges, attorneys, social workers, and…