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 rights of Native American and Alaska Native children and their families. ICWA was passed in response to a history of state-sponsored removal and adoption of Native American children, often from their families and tribes, by non-Native American people and organizations. ICWA’s primary goal is to keep families together by maintaining tribal connections to children, while also ensuring the health and safety of Native American children. The law requires that Native American children who are placed in foster or adoptive care be placed with other Native American families or with a member of their own tribe if possible. ICWA also gives Native American tribes the right to intervene in cases involving the custody of Native American children. In New Jersey, ICWA applies to all Native American children who are involved in any child welfare proceedings, such as foster care or adoption. The New Jersey Department of Children and Families must provide written notice to the child’s Tribe when a case involving a Native American child is opened. The Tribe then has the right to be involved in the proceedings and intervene in the case. The Indian Child Welfare Act continues to be an important law that protects the rights of Native American children and their families, and it is essential that its provisions are followed in all states, including New Jersey.
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