The Indian Child Welfare Act and the 14th Amendment
We the People
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What Is Active Efforts?
When a child is being taken away from an abusive family situation and put into foster care, the state is required to apply what's called reasonable efforts. But for Indian children, it's active efforts rather than reasonable efforts. The Supreme Court said 10 years ago that it requires you to stimulate the birth parents' desire to be apparent,. And it's not excused by aggravated circumstances. It would deprive these children of protections.
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