The recent Chevron deference decisions from the US Supreme Court creates a fundamental change in the legal standard for how courts may treat or “defer to” regulatory authority. The Indian Child Welfare Act (ICWA) has substantial regulations that underpin the practice of dependency law involving tribes and tribal families. In this webinar the background of Chevron deference and the impact of the Loper Bright and Corner Post decisions will be covered and the analytical framework of court deference or “weak deference” to be provided to the federal ICWA Regulations promulgated by the BIA will be explained.
This webinar is relevant to attorneys practicing juvenile dependency law, at the trial level or appellate stage, particularly attorneys that have or could have cases involving Indian children, parents, or tribes. Presenter Jack Trope has decades of experience as a lawyer, educator and policy thought leader on Federal Indian Law. Kimberly Cluff is the Legal Director at CTFC where she leads a team of attorneys providing direct representation to tribes in state custody proceedings. Attendees that complete the course will be provided with a copy of the written materials before or during the training. The webinar will be one hour and will whiz by, we promise.
This training is eligible for one hour of California participatory general MCLE credit.