What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law that was enacted in 1978 to ensure the safety and well-being of native American children. It is intended to help preserve native American culture and values by preventing the break-up of native American families. ICWA sets out rules for state and local child welfare agencies to follow when they are involved in foster care or adoption placement of native American children. ICWA requires that if a native American child has been removed from their home, their tribe must be notified and allowed to be involved in any decision-making related to their care. It also requires that any foster care or adoptive placements that involve a native American child be made to members of the child’s extended family or other native American families. ICWA also strengthens the rights of tribes to prevent the break-up of native American families by providing that if the tribal court has jurisdiction over the family, the tribal court must determine the placement of a native American child. In California, state law also implements ICWA. State law requires that local child welfare agencies provide services to native American families whenever possible and to consider the importance of connecting children to their tribes. Additionally, state law requires that native American children who are removed from their homes receive services from tribal representatives. California also has a Tribal Court Improvement Program, which provides grants to tribes to help them better serve native American families.
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