What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 that was designed to protect the best interests of Native American children and to promote the stability and security of Native American tribes and families. ICWA was enacted in response to the high number of Native American children who were being removed from their families and communities through adoption or foster care placements. Under ICWA, certain government and private agencies are required to give preference to placing Native American children with extended family members or other members of their tribe before other non-Native families. This is intended to allow the child to remain in or be returned to a cultural environment that is familiar and comfortable for them. The law also requires that both state and tribal governments maintain records of Native American children who are part of state child welfare system and provide tribes with the opportunity to provide input on any proposed placements. In North Carolina, the Division of Social Services is required to ensure that tribes have the opportunity to participate in any cases that involve a child who is a member or eligible for membership of a tribe. Tribal representatives are given the right to be present at all court hearings relating to the case and to receive any written notices or reports relating to the case. In summary, the Indian Child Welfare Act is an important piece of federal legislation that was designed to protect the best interests of Native American children and to help ensure that they can remain part of their tribal communities. It requires both state and tribal governments to take certain steps to give Native American children the opportunity to remain with their family or tribe, if possible.
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