What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is an important federal law designed to protect the rights of Native American children. This law was enacted in 1978 as part of the Indian self-determination and education assistance act. ICWA ensures that Native American children’s rights to remain connected to their culture, tradition, family, and tribal community are protected. Under the ICWA, Native American children must be placed in foster care, adoptive homes, or other forms of care with preference given to family members, other members of the child’s tribe, or other Native American families. The law also requires that Native American children and their families receive social services from their tribes. In New Hampshire, the ICWA applies to all Native American children who are the wards of the state. The New Hampshire Supreme Court has held that preferences must be given to Native American families and tribal members when considering placements for Native American children. The court also ruled that the state has an obligation to contact the tribe when Native American children enter the child welfare system. Overall, the ICWA is an important law that works to protect the rights of Native American children in New Hampshire and throughout the United States. The ICWA’s preference for placement and services within the Native American community is critical to preserving Native American culture and ensuring that Native American children remain close to their families and their tribal communities.
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