What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that was passed in 1978 to protect the best interests of Native American children who are adopted or placed in foster care. The ICWA was created in response to a crisis in which Native American children were being removed from their families and tribes at disproportionately high rates by both public and private agencies. The ICWA aimed to keep Native American children in their cultural and social environment by providing tribal courts with the authority to decide child welfare cases involving tribal members. The ICWA requires that any party to a foster care or adoption proceeding involving a Native American child must first notify the child’s tribe before any placement or transfer of custody can take place. Additionally, if the tribe intervenes, then the state court must transfer the case to tribal court. The ICWA also establishes guidelines regarding the placement of Native American children. These guidelines require that social services agencies must first consider placing the child with a family member or with another Native American family before placing them with non-Native families. The ICWA applies in all 50 states, including Washington. Therefore, any adoption proceedings involving Native American children must abide by the provisions of the ICWA. In Washington, the Department of Social and Health Services is responsible for ensuring that the ICWA is followed in all adoption and foster care proceedings.

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What is the Indian Child Welfare Act?

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