Family Law Newsletter Requirements of the Indian Child Welfare Act   The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA applies to foster care placements, terminations of parental rights, and adoption and pre-adoption placements. When the ICWA applies to a proceeding, a state court must comply with the requirements of the act. More...   Interspousal Tort Immunity Doctrine   Interspousal tort immunity is a doctrine that precludes tort actions between married individuals. The doctrine has common-law roots. The doctrine is based on the theory that a married couple is a single entity. In the early 1900s wives were considered the property of their husbands, therefore they were not permitted to sue their husbands. Obviously now this is no longer the case. More...   Overview of Malpractice Actions Against Child Welfare Agencies or Caseworkers   There are major problems with respect to the way in which child welfare agencies and caseworkers operate in the child welfare system. The agency or caseworker may neglect the child, not provide adequate avenues for the child, or may even in extreme cases lose the child in the welfare system. There has been a large increase of malpractice actions filed by children and their parents against both agencies and caseworkers. More...   Mortgage Issues and Divorce   If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.More...   Foster Children   A child may be removed from a household if they are abused, either sexually or physically, or neglected. The child may be neglected in that they are not provided with their basic needs such as food, shelter, and emotional stability. The goal for the foster child is that the child be cared for by capable foster parents for a temporary period of time. More...