What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that was created to help protect the welfare of American Indian and Alaska Native children. It was established in 1978 in response to the large number of Indian children who were being removed from their families and tribes by state child welfare and foster care agencies. This law established new standards for the placement of Indian children into foster care, adoption, and guardianship. It also established the right of tribes to intervene in any state court proceedings regarding the placement of Indian children. Under ICWA, tribes must be notified any time a child who is a member or eligible for membership in the tribe is involved in a court action or a placement or termination of parental rights case. This notification must take place before any action is taken by the court. Furthermore, ICWA requires that the child will be placed “in the least restrictive setting that is in the best interest of the child”, which means that efforts must be made to place the child with family members or another Indian family in the tribe. If the child is to be placed for adoption, ICWA requires that the child be placed with "other members of the child’s extended family, other members of the child’s tribe, or other Indian families" if available and in the best interest of the child. In Texas, ICWA must be followed for any state court action involving the placement of an Indian child.

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What is the Indian Child Welfare Act?

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