What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that was created in 1978 in order to protect the rights of Native American children who are placed in foster or adoption proceedings in the state of California. The law requires that tribes and tribal organizations be notified when a native child is taken into state custody. This allows the tribe and tribal organization to be involved in the decision making process of the child’s placement. The ICWA also sets standards for evaluating the placement of an American Indian child. Courts must consider the placement of a child with family in the child’s tribe, or another tribe, if at all possible. This means that if a native child is taken into state custody, their adoptive family must be approved by the tribe, or they are placed with members of their own tribe. The ICWA also limits the types of adoptions that happen in California. For example, it requires that non-native parents who wish to adopt a native child must meet certain requirements before the adoption can be finalized. The ICWA was created in order to protect the rights of American Indian children from being separated from their culture, language, and heritage. The ICWA makes sure that native children that are placed in foster or adoption proceedings are able to maintain their connection to their tribe, and are not unfairly taken away from their families.

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What is the Indian Child Welfare Act?

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