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Record W1959623225 · doi:10.7202/1068846ar

Native Family Law, Indian Child Welfare Act and Tribal Sovereignty

2020· article· en· W1959623225 on OpenAlexvenueaboutno aff
Zia Akhtar

Bibliographic record

VenueFirst Peoples Child & Family Review An Interdisciplinary Journal Honouring the Voices Perspectives and Knowledges of First Peoples · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicChild Welfare and Adoption
Canadian institutionsnot available
Fundersnot available
KeywordsTribeJurisdictionIndigenousStatuteFoster careLegal guardianIndian countryLawWelfareSovereigntyNavajoPolitical scienceLegislatureState (computer science)SociologyCriminologyPolitics

Abstract

fetched live from OpenAlex

There has been historical abuse of Native American children in the U.S. which began in the late 19th century in what is known as the residential school movement. It led to their forced integration on pain of removing and eradicating traces of their Indian heritage. The lack of protection for Indigenous children in being transferred from the reservations to non- Indian foster parents caused the U.S. Congress to use their legislative power and enact the Indian Child Welfare Act of 1978 [ICWA]. This has intervened in a process that is aimed at keeping Native American children within the tribe of their parents over the last 35 years. The result of the ICWA is that it has led to the greater supervision by tribal courts over children but it has caused a conflict to arise with the state courts due to jurisdictional reasons that allows guardianship and supervision to non-Indian parents. The Arizona Court of Appeals has recently ruled in Navajo Nation v. Arizona Department of Economic Security (2012) CA-JV 11-0123 that an Indian child can stay with his non-Native foster parents despite the protests of the tribe that it was infringing the provisions of the statute. This article is intended for the practitioner and policy makers and brings to the fore the issues of the preservation of children on reservation lands, and the need for a greater care consideration in the determination if they should be transferred to foster parents outside the tribe’s jurisdiction. It also conducts a comparison with Canada where First Nations children have also suffered abuse and where there is an ongoing debate about the course of action to prevent the appropriation of children from the reserves to live with the non-Native foster parents.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.007
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.134
Threshold uncertainty score0.265

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.007
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0140.017
Scholarly communication0.0090.004
Open science0.0010.004
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0070.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.018
GPT teacher head0.298
Teacher spread0.280 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2020
Admission routes2
Has abstractyes

Explore more

Same venueFirst Peoples Child & Family Review An Interdisciplinary Journal Honouring the Voices Perspectives and Knowledges of First PeoplesSame topicChild Welfare and AdoptionFrench-language works237,207