NAICJA Podcasts NAICJA

The Tribal Law and Order Act (TLOA) (P.L. 111-211, 124, Stat. 2258) is a law, signed into effect by President Obama in 2010. The law allows tribal courts operating in Indian country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in Indian country. Before this law, tribal courts were limited in the scope of punishment they could hand down in criminal cases, giving the impression of a lower, less serious court. This podcast will give an introductory overview of TLOA and provide a few practical tips on enhanced sentencing.

The 2013 reauthorization of the Violence Against Women Act (VAWA), included a vital reaffirmation of Tribal Nations’ inherent power to protect Native women from abuse by non-Indian partners by prosecuting those abusers in tribal court. Tribal Nations across the country are utilizing this Special Domestic Violence Criminal Jurisdiction (SDVCJ) to bring more safety and justice to their communities. This podcast will give an overview of VAWA and SDVCJ.

The purpose of the Indian Child Welfare Act (ICWA) is ”...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... ”(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases. This podcast is for entry-level legal services attorneys. It will give an introductory overview of the Indian Child Welfare Act (ICWA) and provide a few practical tips.