What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 with the purpose of helping Native American families maintain their culture and resources. ICWA was designed to protect the interests of Native American children, families, and tribes by preventing the breakup of families due to removal of children from their homes. Under ICWA, it is assumed that Native American children should remain with their families and tribes, and states are directed to place them with members of their extended family or another Native American family. If a Native American family is struggling, the state must provide support and services to the family to keep the children in the home. When a court is deciding to remove a Native American child from their home, there are several requirements that they must fulfill according to ICWA. These include: providing notice to the Native American tribe or family in question, providing active efforts to maintain the family, providing a hearing, and providing evidence that the removal of the child is in the best interest of the child. The Indian Child Welfare Act is an important law that recognizes the rights of Native American families and tribes, and works to protect the integrity of Native American families. ICWA is an essential tool for Native Americans to keep their families intact and continue their cultural traditions.

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