What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 in response to the alarmingly high rates of removal of Native American children from their families of origin. This law seeks to keep Native American families intact by protecting the rights of Native American tribes to maintain the cultural values and traditions that have been passed down to their children. The purpose of the ICWA is to establish minimum standards for the removal of children from their families of origin, reunification services, and placement of children who are removed. The ICWA also recognizes that Native American tribes have exclusive jurisdiction over the placement of Native American children, and establishes guidelines for states to follow when placing Native American children in foster care, adoption, or guardianship. In Hawaii, the Indian Child Welfare Act applies to any Native Hawaiian child. This law was designed to ensure that Native Hawaiian children remain connected to their culture, language, and extended families. It also gives Native Hawaiian tribal authorities the authority to intervene in matters related to the well-being of Native Hawaiian children. The Indian Child Welfare Act is an important piece of legislation that helps to protect the rights of Native American tribes and Native Hawaiian children. This law seeks to keep Native American and Native Hawaiian families together by placing the decision of how to care for a Native American or Native Hawaiian child in the hands of tribal authorities and family members.
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