What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 to ensure the protection of Native American children who are removed from their homes by state or tribal governments. ICWA protects the children’s cultural heritage and identity by ensuring that proceedings involving their removal from their parents or tribe are done within the context of tribal involvement and are handled in a manner that is in line with the best interests of the child. The ICWA applies to any child who is a member of, or eligible for membership in, any federally-recognized Indian tribe. In order for the ICWA to be applied, the child must have at least one parent who also meets these criteria. If the child is being removed from their home, the tribe that the child is eligible for membership in must be contacted and consulted. Under the ICWA, the preference is to keep Native American children with their families and tribes. If the child must be removed, it is preferred that they be placed with other family members, a member of their tribe, or another Native American family. The ICWA also makes provisions for foster and adoptive placement of Native American children with Native American families in cases where the previous placement is not possible. In Texas, if a Native American child is subject to State-initiated removal proceedings, the Tribe must receive notice at the same time that the State files its petition. The ICWA obligates the State to ensure that Native American children maintain their cultural identity when removed from their families. It is the legal responsibility of the State to comply with the ICWA when a Native American child is involved.
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