What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 that aims to protect the rights of Native American children and families. The law was passed in response to the alarmingly high rate of Native American children being placed in foster care and adopted by non-Native American families. ICWA establishes standards for the placement of Native American children who are in foster care or up for adoption. It establishes the rights of Native American parents and tribes to make decisions about their children’s placement and to have a say in the process. It also requires that Native American families be given preference when it comes to adoption and foster care placements, and that the child’s tribe be consulted in any decisions regarding the child’s placement. In Tennessee, the ICWA applies to all Native American tribes recognized by the federal government and to all Native American children. It is important that all interested parties be informed of their rights under this law before taking any action related to a Native American child. It is also the responsibility of all agencies and individuals providing adoption services in Tennessee to be aware of and abide by the ICWA requirements.
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