ICWA- INDIAN CHILD WELFARE ACT

In 1978, Congress worked closely with American Indian/ Alaskan Native elected officials, child welfare experts, and families whose children had been unnecessarily removed from their homes to pass the Indian Child Welfare Act of 1978 (ICWA). ICWA was designed to protect AI/AN children and families from unscrupulous and biased child welfare practices and well-documented disregard for AI/AN families and culture held by some courts and attorneys. 

In 1978, 25-35% of all AI/AN children were removed from their homes by state and private agencies. 85% of children removed were placed outside of their families and communities. Currently, AI/AN children are 3 times more likely to be removed than non-native children.

ICWA empowers child welfare and adoption systems to follow best practices and treat AI/AN children fairly. ICWA:

• • Lessens the trauma of removal by promoting placement with family and community
  • Mandates that families receive intensive services (active efforts) to prevent child abuse and neglect and keep children safe.
  • Promotes the best interests of children by keeping them connected to their culture. 
  • Promotes placement stability by ensuring voluntary adoptions are truly voluntary.
  • Encourages states to develop positive relationships with tribes and carefully coordinate the care of AI/AN children and families.

Non-compliance of ICWA is usually due to inadequate training, misinterpretation of the law, lack of data and willful ignorance. This includes:

• • Failure to identify ICWA-eligible children early on and ensure they are receiving protections of the law
  • Providing inadequate or no-notice of proceedings to key parties. 
  • Placing children outside their family and away from their community without good cause.

For more information about ICWA and their services, please visit their website at https://www.bia.gov/bia/ois/dhs/icwa