What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 that recognizes the importance of Native American tribes in the lives of their children. The ICWA provides additional protection for Indian children, their families, and tribes in the adoption process. In Delaware, the ICWA ensures that Native American children, who are members of recognized tribes or have a biological parent who is a member of a recognized tribe, are placed with Native American families whenever possible. The law requires that certain steps must be taken before a Native American child may be adopted by a non-Indian family, including giving preferential placement of the child to an Indian foster home or other Native American family. Additionally, the ICWA requires that the Native American tribe be notified of any adoption proceedings, and that the tribe be given the opportunity to intervene in the proceedings. The ICWA also grants Native American tribes the power to veto any proposed adoption by a non-Native American family. These provisions ensure that Native American tribes are able to protect their children and their culture in the adoption process.

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What is the Indian Child Welfare Act?

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