25 U.S.C. § 1952
Rules and regulations
Within one hundred and eighty days after
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1988–2023 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). “” 25 U.S.C. § 1952 . In 1979, the BIA promulgated guidelines (the “1979 Guidelines”) intended to assist state courts in implementing ICWA but that lacked “binding legislative effect.”
Chad Brackeen v. David Bernhardt, 937 F.3d 406 (5th Cir. 2019). “” 25 U.S.C. § 1952 . In 1979, the Bureau of Indian Affairs (BIA) promulgated guidelines (the “1979 Guidelines”) intended to assist state courts in implementing ICWA but without “binding legislative effect.”
People v. W.B., 281 P.3d 906 (Cal. 2012). “9 Although Congress directed the Secretary of the Department of the Interior to promulgate regulations ( 25 U.S.C. § 1952 ), the BIA instead issued a set of guidelines that are instructive but not determinative of state court decisions.”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). “The BIA concluded that the ICWA differs from most other federal statutes because the majority of the work required to "carry out the provisions" falls to state courts and administrative agencies, not a federal agency.”
In Re Brandon T., 164 Cal. App. 4th 1400 (Cal. Ct. App. 2008). “In compliance with the ICWA's directive to the Secretary of the Interior to "promulgate such rules and regulations as may be necessary to carry out [its] provisions" ( 25 U.S.C. § 1952 ), the BIA issued guidelines for state courts.”
H.J.B. v. A - J.A.B. Judgment Affirmed Just. Berkenkotter Delivered the Opinion of the Court, in Which Chief Just. Boatright Just. MÁrquez Just. Hood Just. Gabriel Just. Hart, 2023 CO 48 (Colo. 2023). “25 U.S.C. § 1952 . The federal Bureau of Indian Affairs (“BIA”) has accordingly published rules and issued guidelines for state courts.”
In Re D.T., 5 Cal. Rptr. 3d 893 (Cal. Ct. App. 2003). “11 (a) (d); 25 U.S.C. § 1952 .) "Determination of tribal membership or eligibility for membership is made exclusively by the tribe.”
Matter of NL, 754 P.2d 863 (Okla. 1988). “Through the Bureau of Indian Affairs, ["BIA"], the Secretary has issued mandatory rules and recommended guidelines for application of the ICWA.”
Carney v. Moore, 754 P.2d 863 (Okla. 1988). “Through the Bureau of Indian Affairs [“BIA"], the Secretary has issued mandatory rules and recommended guidelines for application of the ICWA. The *875 rules are limited to narrow issues within the Act.”
In re L.L., 2019 UT App 134 (Utah Ct. App. 2019). “” 25 U.S.C. § 1952 (2012). This express grant of rulemaking authority gives the BIA broad discretion to interpret and implement ICWA.”
Quinn v. Walters, 881 P.2d 795 (Or. 1994). “25 USC § 1952 (1988). 7 The contents of the Federal Register are required to be judicially noticed.”
State Ex Rel. CYFD v. Douglas B. & State Ex Rel. CYFD v. Sara E., 2022 NMCA 028 (N.M. Ct. App. 2021). “See 25 U.S.C. § 1952 (requiring and authorizing the Secretary to “promulgate such rules and regulations as may be necessary to carry out the provisions of [this chapter of the ICWA]”).”
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