INDIGENOUS AMERICANS | LAW

Keeping Cultural Ties Safe and Ensuring Native American Children’s Futures

In safeguarding the roots of heritage…

The Indian Child Welfare Act of 1978 (ICWA) was a congressional reaction to the widespread removal of Indian children from their homes and their placement in non-Indian homes.

Under ICWA, many Indian children were suddenly taken away from their families and/or communities at astounding levels disproportionate to their non-Indian counterparts, and placed in non-Indian homes when there was someone else, usually a relative or community member, who could have taken proper care of the child. It has been damaging in and of itself because the children have been severed from their cultural heritage and tribal ties.

ICWA was passed initially to make sure that existing Indian families and tribes were kept intact. It does this by having provisions that stipulate the processing of custody cases concerning Indian children. It applies more precisely to cases involving adoption, foster care placement, removing a child from their existing home, or proceedings aimed at terminating parental rights. It will ensure Indian children are given the first priority for placement with their family members, their tribe, or other Indian families with a view to preserving their culture and ties.

Under ICWA, an “Indian child” is any unmarried, under age 18, who is a member of a federally recognized tribe, or…