Family Law in Indian Country: A Comparative Approach
Law

March 22 - 23, 2010

Las Vegas, NV - Hard Rock Hotel For a group rate of $99, please call 800-693-7625 by March 1, 2010 and mention Falmouth Institute.

$755

During this information-packed class, our expert instructor will cover the nuts and bolts of family law in Indian Country. You'll review tribal vs. state concepts surrounding jurisdiction, marriage, divorce, child abuse, domestic violence, juvenile delinquency and elder issues. Using a comparative case study approach, you'll examine critical issues that must be considered when writing tribal codes and court rules, entering into agreements with state agencies, planning programs to assist families and preparing to deal with the players in all of the various jurisdictions that impact how family law principles are implemented in and around Indian communities.

Don't miss this important class -- Register today.

*Instructor subject to change.

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Topics that will be covered include:

Federal Indian Law and Jurisdiction How Indian law impacts critical jurisdictional considerations Concepts of: Tribal sovereignty Reserved rights Political status Tribal powers in relation to state powers Tribes and federal laws, rules and administrative guidelines intended to rule and regulate states Marriage and Family in Indian Country Legal marriage traditions in non-Indian government systems State legal approach vs. tribal cultural approach to marriage “Family” under tribal law Impact of family roles on the legal rights and responsibilities in Indian families Same-sex marriage Child Abuse and Neglect in Indian Country ICWA — Basic purpose and function of ICWA vs. state civil abuse laws and procedures Tribal children’s codes and the handling of abuse/neglect in tribal courts Placement issues in the various jurisdictions Rights in child abuse cases: Parents Children Tribes Who decides the best interest of Indian children Criminal codes and child abuse: Punishment and rehabilitation of abusers Federal abuse/neglect laws in Indian Country Terminating parental rights Foster care Divorce Cultural and legal approaches to divorce law in Indian Country vs. states State and tribal approaches to custody and parenting time law Spousal and child support Cross-jurisdictional issues with enforcing divorce and custody orders Paternity issues — state vs. tribal legal concepts Procedural issues in divorce cases

Domestic Violence in Indian Country “Domestic violence” — Conflicts of culture Criminal law and jurisdictional issues in dealing with batterers Sheltering victims Tribal codes and tribal courts Restraining orders Juvenile Delinquency Tribal codes Cross-jurisdictional issues in dealing with tribal children who break the law Sentencing alternatives Schools and issues with expulsion Placement issues for tribes and developing community-based resources Education issues and status offenses Mental health issues in delinquency cases Special Issues Indians with non-Indian marriage and divorce: Custody issues Rights of non-Indians When state law applies Paying support from per-capita payments Non-federally recognized tribes: Application of ICWA *Topics subject to change.