What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 that governs the placement of Native American children who are in the care of the state. This law was enacted because of the significant number of Native American children that were being placed in foster care and adopted away from their families and tribes. The ICWA was passed to protect the interests of Indian children and families and ensure that Native American children remain connected to their tribes and cultures. The ICWA requires that state courts recognize the unique relationship between tribes and their children, and that tribes must be given the opportunity to intervene in matters that involve Native American children. This includes cases of adoption, foster care, and termination of parental rights. The ICWA also requires that Native American children may only be placed in the care of other Native American families or tribes unless certain criteria are met. The ICWA was created to ensure that Native American families and tribes remain connected to one another, and that Native American children have the opportunity to grow up with their families and tribal communities. It is also intended to help prevent the further breakdown of Native American families and communities. In Washington, the ICWA applies to all Native American children who are members of federally recognized tribes.

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