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Indian Child Welfare Act
Our Mission
The ICWA Division of Indian Country Legal Services is dedicated to protecting the rights of Native children, families, and tribes by ensuring compliance with the Indian Child Welfare Act. We advocate for the preservation of tribal culture, sovereignty, and family unity by providing legal support, education, and representation in child welfare matters. Our mission is to keep Native families together and empower tribes to lead in decisions affecting their children’s futures.
ICWA Qualified Expert Witness (QEW)
Do you need a Qualified Expert Witness (QEW) for an ICWA case? Our team is trained and experienced in providing culturally informed, legally sound testimony to support compliance with the Indian Child Welfare Act. We understand the unique needs of tribal communities and are here to help courts, agencies, and attorneys ensure Native families are protected and heard.
What Is the Indian Child Welfare Act (ICWA)?
The Indian Child Welfare Act (ICWA) is a landmark federal law enacted in 1978 designed to safeguard the best interests of Native American children and preserve the integrity of Native families and tribal communities. This statute ensures that state child custody proceedings involving Native children—who are members of federally recognized tribes or eligible for membership—incorporate tribal input. By establishing guidelines for foster care, adoption, guardianship, and termination of parental rights, ICWA helps prevent the disproportionate removal of Native children from their cultural environment and supports the long-term stability and sovereignty of tribal nations.
Why Is ICWA Important?
ICWA is essential in protecting the rights of Native families and maintaining cultural continuity within tribal communities. The act mandates that child welfare agencies and courts take active steps to keep Native children with their extended families or within their tribes, thereby reinforcing tribal sovereignty and preserving cultural heritage. By ensuring that decisions in child custody cases respect the unique cultural and familial dynamics of Native American communities, ICWA plays a crucial role in preventing unnecessary separations and upholding the legal and cultural integrity of tribes.
Avoid Relying on State Experts – Choose Your Own QEW
A concerning trend in child welfare cases involves the use of state-appointed experts during removal proceedings. Often, their testimony goes largely unchallenged, only to be reused at termination hearings—resulting in adverse outcomes for Native families. Instead of relying on state experts, it’s crucial to secure your own Qualified Expert Witness (QEW) who specializes in ICWA cases. A dedicated QEW brings impartial, culturally informed expertise that ensures every step of the process is handled with the nuance and understanding Native families deserve.