What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that was enacted in 1978 to protect the best interests of Native American children and to promote the stability and security of Native American tribes and families. ICWA applies to state child welfare and adoption proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. Under ICWA, state courts must transfer the case to the tribal court of the child’s tribe if the tribe has jurisdiction. The tribal court is then responsible for determining the best interests of the child. ICWA also requires that the tribe be given the opportunity to intervene in state proceedings that involve the custody of a Native American child. This is to ensure that the tribe has the opportunity to be heard and to protect the tribe’s rights and interests in the child. In Missouri, ICWA applies to all proceedings involving the custody of a Native American child. These proceedings include adoption, guardianship, and termination of parental rights. ICWA also protects the rights of the child’s tribe and the rights of the child’s parents or extended family. It ensures that any decision made in the child’s best interests takes into account the importance of preserving the child’s connection to the tribal community.

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