What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law designed to protect the best interests of Indigenous children in the United States, particularly those of Native American tribes. The law was passed in 1978 in response to the alarmingly high rates of Native American children being removed from their homes due to welfare or adoption proceedings, and placed in non-Native environments. The ICWA recognizes the rights of Native American families to keep their children, and prevent them from being separated from their culture and community. It requires that state courts take into account the best interests of the child in matters involving the placement of Native American children. The ICWA also sets minimum criteria for the removal of Native American children from their homes, and requires state courts to place Native American children in foster or adoptive homes that meet certain criteria. In Oregon, the Oregon Tribal Welfare Act is modeled on the ICWA and sets out the legal rights of Native American children in the state. The Oregon Department of Human Services is responsible for implementing the law, and is empowered to make sure that Native American children remain connected to their tribes and culture. The law also sets out the criteria for the removal of Native American children from their homes, as well as the requirements for placing them in foster or adoptive homes.

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What is the Indian Child Welfare Act?

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