What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law which governs the removal of Native American children from their families and tribes in the state of Oklahoma. It was created in 1978 in order to protect the rights of Native American children and to promote the stability and security of their families and tribes. The Act applies to all Native American children under the age of 18 who are members, descendants, or are eligible for membership in a federally recognized tribe. The ICWA sets out specific standards and procedures when it comes to the removal of Native American children from their family and tribe. It requires that authorities must show “active efforts” have been made to keep Native American children in their home and tribe. If a removal is necessary, the ICWA requires that the child be placed with extended family, other members of their tribe or other Native Americans wherever possible. If this is not an option, then the ICWA requires that tribal customs and traditions be taken into account when the child is being placed with a non-Native American family. The ICWA is an important law which protects the rights of Native American children and families in Oklahoma. It ensures that efforts are made to keep Native American children with their families or tribes and that Native American customs and traditions are taken into account when a placement is made with a non-Native American family.

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What is the Indian Child Welfare Act?

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