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Simple English definitions for legal terms

Indian child

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A quick definition of Indian child:

An Indian child is a person under the age of 18 who is either a member of an Indian tribe or eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe. The Indian Child Welfare Act is a law that helps protect the best interests of Indian children and promotes the stability and security of Indian tribes and families. It sets rules for child-custody proceedings, including foster-care placement, preadoptive placement, adoptive placement, and termination of parental rights. The Act has an important rule that says if there is a custody dispute involving an Indian child who lives on a reservation, the tribe and its tribal courts have exclusive jurisdiction. If the child lives off a reservation, the state court should usually defer and transfer the case to the tribal court unless there is a good reason not to.

A more thorough explanation:

An Indian child is a person who is under the age of 18, unmarried, and either a member of an Indian tribe or eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

The Indian Child Welfare Act (ICWA) is a federal law that governs child-custody proceedings involving a child of American Indian descent. The Act aims to protect the best interests of Indian children, promote the stability and security of Indian tribes and families, and counteract the disproportionate foster-care placement and adoption of Indian children by non-Indians.

The ICWA provides minimum federal standards for removing Indian children from their families and placing them in foster or adoptive homes that reflect the values of the Indian culture. In a custody dispute involving an Indian child who resides in or is domiciled within an Indian reservation, the tribe and its tribal courts have exclusive jurisdiction. In a custody dispute involving an Indian child who lives off a reservation, any state court should usually defer and transfer the case to the tribal court unless a party demonstrates good cause to the contrary.

An example of an Indian child is a 16-year-old girl who is a member of the Navajo Nation and lives on the reservation with her family. If there were a custody dispute involving her, the Navajo Nation and its tribal courts would have exclusive jurisdiction over the case.

Another example is a 10-year-old boy who is eligible for membership in the Cherokee Nation and lives off the reservation with his non-Indian foster parents. If there were a custody dispute involving him, any state court should usually defer and transfer the case to the Cherokee Nation tribal court unless a party demonstrates good cause to the contrary.

These examples illustrate how the Indian Child Welfare Act applies to children who are members of or eligible for membership in Indian tribes and how the Act aims to protect their best interests and promote the stability and security of Indian tribes and families.

Index to the U.S. Patent Classification System | Indian Child Welfare Act

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NosyBeagle
19:28
Do tell
i had to drop out of a grad program but i explained it in my gpa addendum bc it was the same underlying event causing both
i was also named in a civil lawsuit that got dismissed but only one school asked about it
sorry probably not helpful
ParallelAgreeableOrangutan
19:58
idk what the situations are, but you absolutely should write about them if the school asks about them—the only time you should be asking *whether* to write one is when you're not sure whether your situation qualifies as what they're asking about
ParallelAgreeableOrangutan
19:59
better question is usually *how* to write about them
ParallelAgreeableOrangutan
20:00
I had to write about write
ParallelAgreeableOrangutan
20:01
... write-ups at work (petty, and they were removed from my file after a year, but even so the app asked so I wrote)
NosyBeagle
20:05
Ah it cancelled out my msg cus I switched tabs. But I’ll just tell you guys cus I get mixed answers: a) accused of cheating on a calc exam freshman year but was cleared of wrongdoing, b) sent to the hospital senior year because I go too drunk
ParallelAgreeableOrangutan
20:12
Seems like you'd need to write about A because it went through a formal process, but it shouldn't hurt you if you explain it straightforwardly and explain you were cleared (just don't be weirdly salty about it like you're holding a grudge)
ParallelAgreeableOrangutan
20:12
Re B, did this involve school in any way? Is there an app that has a C&F question that you think this applies to?
ParallelAgreeableOrangutan
20:13
Maybe you're not deep enough into the process to know this—each school has its own unique set of C&F questions, so you should disclose exactly what they ask about, no more, no less
NosyBeagle
20:14
OH
NosyBeagle
20:14
Ok why did I think it was just gonna be one type of q for all. My bad folks. Ignore my info dump
ParallelAgreeableOrangutan
20:16
No worries! Frankly I think it's wild that applications have weird hidden quirks that you don't know about until you're actually logged into LSAC working through the app. There's some info you can find about the oddball/unique questions you'll find on specific apps, so you might want to look for that for schools you're going to apply to
ParallelAgreeableOrangutan
20:17
Like on various consultants' blogs, reddit, etc
NosyBeagle
20:17
🫡 thank you good sir or ma’am or bam
ParallelAgreeableOrangutan
20:17
Ooh can I be a bam
NosyBeagle
20:39
You may
20:45
ima write my personal statement about being fired and how that made me want to do law but it would be funny if I also had to write an addendum about it
20:45
turns out defense companies don’t like it when you question the war machine 🙏
20:46
“What are your opinions on Edward Snowden” - my boss
ParallelAgreeableOrangutan
21:02
I wrote optional essays about a situation that affected my undergrad performance. For any school that required an "education gap addendum" I was basically like "pls see my optional essay"
ParallelAgreeableOrangutan
21:02
¯⁠\⁠_⁠(⁠ツ⁠)⁠_⁠/⁠¯
NosyBeagle
21:12
did they accept that?
NosyBeagle
21:12
that reminds me of filling out job apps and they want you to type out your resume in a text box. like huh??? open the pdf, idiots
ParallelAgreeableOrangutan
21:18
I mean I was nicer about it—I'd put a couple of sentences explaining it super lo-res, and then I said something like "I speak to this situation in detail in my optional essay."
ParallelAgreeableOrangutan
21:20
They don't send your application back to you and tell you to redo an addendum if they don't like it, so the only way to know whether they "accepted" it, as it were, is admissions results
Bettercaulsaul
22:28
Helpful video I found https://youtu.be/2ZVrX6DTSKU?si=KsZeWbF4_fJuqKl5
23:17
who up lsdin they law
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