(University of Oregon School of Law, 2024-05-01) Kelly, Margaret
Domicile is an essential part of Indian Child Welfare Act because it often determines which court—tribal or state—will decide the fate of an Indian child in an adoption proceeding. In cases involving newborn babies, for example, the determination of a child’s domicile focuses on the child’s parents, namely the mother. In recent years, some courts have used relaxed domicile standards that are inconsistent with congressional intent in order to give the state jurisdiction and deny tribes the power to adjudicate. This Note uses "In re Adoption of B.B." to examine an Indian mother’s domicile in relation to ICWA. It argues that Congress’s concern about the state-sanctioned removal of Native American children from their homes and tribes must remain part of the consciousness of judges who determine the fate of Native American children.
