Indian Child Welfare Act (ICWA)

In 1978, Congress passed the Indian Child Welfare Act (Public Law 95-608, November 8,1978) to: protect the best interests of Indian children promote the stability and security of Indian tribes and families by the establishment of minimum federal standards for the removal of Indian children from their families, and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture provide assistance to Indian tribes in the operation of children and family service programs (25 United States Code Section (1902)). The Act sets forth jurisdictional provisions governing a tribe’s right to exercise authority over its tribal children; sets forth standards and procedures applicable to designated state court proceedings involving custody of Indian children; establishes rights and processes for adopted Indian child to access birth information necessary to establish tribal membership; and authorizes tribal services for Indian children.