Indian Child Welfare Act

Native American boy in Men's Northern Traditional outfit

File:File-Indian Backword class child.jpg

File-Indian Backword class child

The Indian Child Welfare Act (ICWA) is a United States federal law that governs jurisdiction over the removal of Native American (Indian) children from their families. The law was enacted in 1978 in response to the high number of Indian children being removed from their homes by public and private agencies. The ICWA seeks to keep Indian children with Indian families to preserve their cultural identity and heritage.

Provisions of the Act

The ICWA establishes standards for the placement of Indian children in foster and adoptive homes and gives preference to their placement with:

• A member of the child's extended family
• Other members of the child's tribe
• Other Indian families

The law also requires that efforts be made to keep Indian children with their families and mandates that tribes have a say in child welfare cases involving their members.

Jurisdiction

The ICWA grants tribal courts exclusive jurisdiction over child custody proceedings involving Indian children who reside on or are domiciled within a tribal reservation. For Indian children not residing on a reservation, the state and tribal courts have concurrent jurisdiction, but the tribe can request to transfer the case to tribal court.

Notification and Intervention

The ICWA requires that parents, Indian custodians, and the child's tribe be notified of any involuntary proceedings involving an Indian child. The tribe has the right to intervene in the proceedings or request that the case be transferred to tribal court.

Active Efforts Requirement

The law mandates that "active efforts" be made to provide remedial services and rehabilitative programs designed to prevent the breakup of Indian families. This is a higher standard than the "reasonable efforts" required in non-ICWA cases.

Placement Preferences

The ICWA sets forth specific placement preferences for the adoption or foster care of Indian children: 1. A member of the child's extended family 2. Other members of the child's tribe 3. Other Indian families

Impact and Controversies

The ICWA has been both praised and criticized. Proponents argue that it is essential for preserving Indian culture and protecting the rights of Indian children and families. Critics claim that it can sometimes lead to delays in placement and that it may not always serve the best interests of the child.

Related Pages

• Native American
• United States federal law
• Tribal sovereignty
• Child custody
• Foster care
• Adoption

See Also

• Bureau of Indian Affairs
• Tribal court
• Cultural heritage
• Family law