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 in state child welfare proceedings. ICWA was created in response to the widespread practice of removing Native American children from their families and placing them with non-Native American families or institutions. The law establishes specific requirements that states must follow when intervening in cases involving the removal, placement, and termination of parental rights of Native American children. Under ICWA, states must first try to keep Native American children with their families or other members of their tribe before turning to other placement options. This means that when a Native American child is up for adoption, special preference must be given to relatives within their tribe. ICWA also protects the rights of Native American parents and tribes to intervene in proceedings when so-called "Indian children" are involved. In South Carolina, ICWA applies to all actions involving foster care, adoptive placement, and termination of parental rights for Native American children. This includes any action taken by the state or a Native American tribe. South Carolina also has its own laws that protect Native American children from out-of-home placement and termination of parental rights. Ultimately, ICWA serves to strengthen the ties between children and their Native American families, tribes, and cultures. It also ensures that Native American children are treated with respect and dignity in child welfare proceedings.
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