What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that works to protect the best interests of Native American children and families. It was passed in 1978 in response to Native American families facing child welfare separation. The Act ensures that tribal rights and cultural ties are considered before a Native American child is placed into foster care or adoptive homes. In North Carolina, ICWA has specific guidelines that must be followed when state courts are handling cases that involve Native American children who are wards of the state. The law requires that state courts give notice to the appropriate tribal authorities and give the tribe an opportunity to appear in court as a party to the proceedings. Additionally, the law states that a court must make an effort to place the child with his or her family or other Native American adoptive or foster families before it can place them with a non-Native home. The Act also outlines placement preferences, which state that the child should be placed with someone of the same tribe, an extended family member, or a member of another Native American tribe. The underlying intention of ICWA is to protect the well-being of Native American children and maintain their cultural ties, while also ensuring they receive the best care and treatment.

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What is the Indian Child Welfare Act?

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