Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA), enacted in 1978, is a federal law designed to protect the best interests of Native American children and to promote the stability and security of Native American tribes and families. It establishes minimum federal standards for the removal and placement of Native children in foster or adoptive homes, ensuring that such placements reflect the unique cultural values of Native communities. Key aspects of the ICWA include:

• Tribal Jurisdiction: Tribes have jurisdiction over child custody cases involving Native children who reside on or are domiciled on tribal land.
• Placement Preferences: The law prioritizes placing Native children with extended family members, other members of the child’s tribe, or other Native families.
• Active Efforts Requirement: State agencies must make active efforts to prevent the breakup of Native families before removing a child.
• Notice and Consent: Tribes and parents must be notified and given the opportunity to participate in child custody proceedings involving Native children.

ICWA was created in response to the disproportionately high number of Native children being removed from their homes and placed in non-Native settings, often without adequate consideration of tribal culture or family ties (Congress.gov.).

Reference: Congress.gov. (1978). S.1214 – Indian Child Welfare Act of 1978. U.S. Congress. https://www.congress.gov/bill/95th-congress/senate-bill/1214