What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a Federal Law that was passed in 1978 to protect Native American children and families. It was designed to prevent the breakup of Native American families by giving tribes a say in decisions about the placement of Native American children in foster care, adoptive homes, and institutional settings. The ICWA establishes jurisdiction for tribes to intervene in cases involving Native American children who are either in danger of being placed away from their family or who have already been removed from their homes. It also sets guidelines for state courts to follow when determining the best placement for Native American children, such as requiring placement preferences that give priority to family members, other tribes, and Native American foster homes. In Maryland, the ICWA applies to any Native American child who is a member of, or eligible for membership in, a federally-recognized tribe. It also applies to any child who has a biological parent who is a member of, or eligible for membership in, a federally-recognized tribe. Tribes in Maryland that are subject to the ICWA include the Lumbee Tribe of North Carolina, Piscataway Indian Nation, and Nanticoke Indian Tribe. The ICWA is an important law that helps protect the rights of Native American families and children in Maryland and across the country. It is designed to keep families together and to ensure that Native American children are placed in homes and settings that are in their best interest.
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