What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that was enacted in 1978 with the intention of providing protection and assistance to Native American tribes seeking to keep families together. This law was developed as a response to the alarmingly high rates of Native American children being removed from their familial homes for adoption or foster care placement. The ICWA applies to all Native American children who are members of a federally recognized tribal nation, or are eligible for membership. It sets specific criteria that must be met before a tribal child can be separated from their family. This includes the requirement that the tribe must be consulted when a child is being placed in out-of-home care, as well as the provision of a court-appointed advocate to make sure that the tribe’s wishes are taken into consideration when making decisions. The ICWA also requires that priority be given to placing a child in the home of another Native American, such as a parent, extended family member, or another member of the same tribe. In Oklahoma, Native American foster care and adoptive families are prioritized when placement is being considered. The Indian Child Welfare Act is an incredibly important law that has helped to keep thousands of families together. By providing a framework of legal protection and assistance for Native American tribes, it has helped to ensure that the long-term wellbeing of tribal children and families is considered.

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What is the Indian Child Welfare Act?

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