Section 4: Indian Child Welfare Act
Following the Brackeen v. Zinke (N.D. Tex., Oct. 4, 2018) ruling regarding ICWA, on October 25, 2018 the Texas Attorney General issued a letter setting forth the scope and application of the decision.
On December 3, 2018, the 5th Circuit issued two orders regarding the Brackeen case: A stay of Brackeen v. Zinke decision and an order expediting the appeal of the case.
As long as the 5th Circuit. stay remains in effect, the provisions of Section 4, The Indian Child Welfare Act, will apply to pending DFPS litigation.