Native American Law

In re A.S. — Study Notes

In re A.S., 2023, Supreme Court of [State]

Study notes for In re A.S.: professor notes, cold call prep, exam angles, and memory aids.

State courts must comply with ICWA’s placement preferences when making custody decisions involving Native American children.
Professor Notes

In this case, the Supreme Court of [State] stressed the importance of adhering to the Indian Child Welfare Act (ICWA) when determining custody arrangements for Native American children. The Act was designed to address the historical injustices faced by Native American families by prioritizing placement within their cultural and familial contexts. Professors may underscore that the court's decision reaffirms tribal sovereignty and the federal government's commitment to preserving Native American families and cultural identity.

Moreover, the court highlighted that compliance with ICWA's placement preferences is not merely procedural but a substantive protection of Native American children's rights. This case serves as an essential reminder about how state courts must navigate the intersection of state law and federal mandates intended to protect Native American heritage, particularly when the child's welfare intersects with tribal rights.

Cold Call Prep
  1. 1What is the standard under ICWA for placement of a Native American child?
  2. 2Explain the significance of tribal intervention in custody cases.
  3. 3How does this case reinforce federal standards over state standards?
  4. 4Was there an argument presented for placing A.S. with non-Native American parents? What was it?
  5. 5What outcomes are implied if state courts fail to comply with ICWA?
  6. 6How does this case affect the interpretation of cultural identity in custody disputes?
Mnemonic Device

A.S. = 'Adhere to Sovereignty' – to remember the importance of upholding ICWA’s placement preferences.

Distinguish From
CaseDistinction
Mississippi Band of Choctaw Indians v. HolyfieldIn this case, the court similarly emphasized ICWA's application but focused on jurisdictional issues rather than placement preferences.
Adoptive Couple v. Baby GirlIn this case, ICWA application led to complications around adoption, while In re A.S. specifically analyzed foster care placements.
Policy Arguments

For the Rule

The ICWA promotes the preservation and cultural integrity of Native American families, recognizing the unique tribal relationships that must be maintained for the well-being of Native children.

Against the Rule

Some argue that rigid adherence to ICWA’s preferences may overlook the best interest of the child, especially in situations where suitable Native placements are unavailable.

Class Discussion Points
  • Discuss the implications of the ICWA on state child welfare systems.
  • Examine how this case fits within the broader historical context of Native American rights.
  • Consider the balance between individual child welfare and the preservation of cultural identity in custody decisions.
Exam Angle

This case may be presented in exams focusing on ICWA compliance and the importance of tribal sovereignty in child custody arrangements, often testing the boundaries between state authority and federal obligations.

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