What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 that provides special rights to Native American tribes when it comes to determining the placement and care of their children within the foster care system. The law applies to any case where a state is taking into consideration the removal and placement of a child from the child’s home. ICWA is in place to ensure that Native American families and tribes are involved in the placement decisions of their children. ICWA is applicable to any child who is a member of, or eligible to be a member of, a federally recognized Native American tribe. It does not matter if the child is living on a reservation, or in a state like California. The law also applies to Native American children who have been adopted out of their tribes, meaning that adoptive parents or foster parents must notify the tribes of the adoption or foster care placements. ICWA sets many important safeguards for Native American children and families. It requires that state courts and agencies consider a variety of placement options, taking into account the best interest of the child and the importance of maintaining ties to a Native American culture. The law also requires that the placement of Native American children within foster care or adoptive systems be made with family members first and with Native American families before any other placement option is considered. This helps to keep Native American children and families together, and provides them with the protection of their culture and heritage.
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