What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 to ensure the protection of Native American children. The Act applies to all states, including New York, and recognizes the importance of preserving Native American culture and identity by protecting Native American children from being removed from their homes and communities. Under the Act, Native American children in New York must first receive services from their tribe or local community when it comes to foster care placement or adoption. This means that even if an adoption or foster care arrangement with a non-Native American family is best for a child, the Native American tribe must still be notified and consulted. The Act also requires that Native American families and tribes be notified when a child, including their own, is removed from their home and placed in foster care or adopted. This Act is important because it helps preserve the culture and identity of Native American children. The law allows Native American tribes to continue their relationships with their own community and works to ensure that Native American children do not become disconnected from their family, identity, and culture. The Act also works to prevent the unethical removal of Native American children from their homes.

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What is the Indian Child Welfare Act?

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