The Indian Child Welfare Act (ICWA) is a federal law that was enacted in 1978 in the United States to address the high number of Native American children being removed from their families and tribes by state child welfare agencies and placed in non-Native foster care or adoptive homes. The goal of ICWA is to keep Native American children with their families and tribes, or if that is not possible, to place them with other Native American families or tribes whenever possible.
ICWA applies whenever a state child welfare agency or court is involved in the removal of a Native American child from his or her family or tribe. This could happen in cases where a child is being placed in foster care, where a child is being considered for adoption, or where a child is being removed from his or her home due to abuse or neglect.
ICWA requires that state child welfare agencies and courts follow certain procedures when a Native American child is involved in a child custody proceeding. For example, ICWA requires that the child’s tribe be notified when a child custody proceeding involving a Native American child is taking place, and that the tribe be given an opportunity to participate in the proceedings. ICWA also requires that the child’s tribe be consulted about the placement of the child in foster care or adoptive home, and that the child be placed with a Native American family or tribe whenever possible.
ICWA is an important law that helps to protect the best interests of Native American children and to promote the stability and security of Native American tribes and families. It is essential that child welfare professionals and others involved in child custody proceedings involving Native American children are familiar with the provisions of ICWA and work to ensure that they are followed.