The Indian Child Welfare Act (ICWA) was enacted in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. Studies revealed that large numbers of Native children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies.
ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases. The purpose is to “…protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families“.
An ICWA Notice is a notice is required when a foster-care placements involves an Indian child. The ICWA notice is to inform tribes about proceedings (i.e. foster care placements) that may involve an Indian child. The notice allows tribes to investigate and determine if the child is a tribal member or eligible for membership, and whether they want to participate in the proceedings. It also ensures that the tribe can assert its rights under the act, regardless of the position of the parents, state agencies, or Indian custodian.
A child is an “Indian child” only if:
(1) The youth is under 18 and unmarried
(2) The child is a member of a federally recognized Tribe or
(3) The child’s parent is a member of a federally recognized Tribe and the child is eligible for membership.
Indian Child Welfare Act (ICWA) Hotline – Call 1-844-796-6283
Tribal representatives can make reports to the hotline if they have a reasonable cause to believe that a county child welfare agency or probation department is failing to perform the practices necessary for ICWA or is in violation of state law incorporating ICWA standards into county child juvenile court or adoption proceedings.
Additional Resources:
California Indian Child Welfare Act (Cal-ICWA) State Plan
US Department of the Interior – Indian Affairs ICWA