Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA) was passed in 1978 to protect the best interests of Indian children and promote the stability of Indian tribes and families. ICWA provides minimum Federal standards for the removal of Indian children from their families and placement of these children in foster care or in adoptive homes that reflect Indian culture.

ICWA applies in all child custody proceedings involving foster care placements, termination of parental rights, and pre-adoptive and adoptive placements. ICWA does not apply in divorce proceedings involving custody disputes. Below resources include State and local examples.

How Child Welfare Works with American Indian Families (PDF - 154 KB)
McCarthy, Marshall, Collins, Arganza, & Deserly (2003)
In A Family's Guide to the Child Welfare System
Question and answer guide about the American Indian experience in the child welfare system, including information about ICWA.

Indian Child Welfare Act (PDF - 24 KB)
National Indian Child Welfare Association
Text of the Indian Child Welfare Act, PL 95-608.

The Indian Child Welfare Act: A Primer (PDF - 149 KB)
Portley
Arizona Attorney, 36, 2000
Provides an overview of ICWA as it applies to jurisdictional concerns in child custody proceedings.

The Indian Child Welfare Act: The Need for a Separate Law
Jones (2001)
Discusses the application of ICWA in custody proceedings, including procedural issues facing attorneys and provisions covering foster care, pre-adoptive and adoptive placements, and termination of parental rights.

Indian Child Welfare Act; Receipt of Designated Tribal Agents for Service of Notice (PDF - 270 KB)
Bureau of Indian Affairs, Department of the Interior (2009)
Presents a Federal Register notice listing the Designated Tribal Agents for service of notice under the Indian Child Welfare Act, 25 CFR 23.12.

The Indian Child Welfare Act of 1978: Source Book for Legal Professionals
Beck, Drobnick, LaRoque, Liss, & van Straaten (2002)
View Abstract
Information about ICWA and the Bureau of Indian Affairs Guidelines for State Courts, Indian Child Custody Proceedings, and the steps necessary to comply with the Act and Guidelines. Also View Abstract for the accompanying Parent Manual.

Indian Child Welfare Act (ICWA) Online Training Course
National Indian Child Welfare Association (2008)
Explains ICWA in easy-to-understand language and recommends effective child welfare practices when working with an ICWA case. A registration fee is required.

Information Packets
National Indian Child Welfare Association
Information packets available for purchase; topics include ICWA implementation, amendments, and judicially created exceptions.

National Indian Child Welfare Association (NICWA)
A comprehensive source of information on American Indian child welfare providing public policy, research, and advocacy; information and training; and community development services to tribal governments and programs, State child welfare agencies, and others.

Native American Resource Directory for Juvenile and Family Court Judges
McKissick, Ukestine, & Wise (2003)
View Abstract
Information on relevant Federal regulations for nontribal jurisdictions handling American Indian child maltreatment issues as well as resources that will enable them to more fully comply with ICWA and participate in case planning for American Indian youth in care.

A Practical Guide to the Indian Child Welfare Act
Native American Rights Fund
Designed to answer questions about the Indian Child Welfare Act (ICWA) by people of all levels of familiarity with the law, this guide provides an introduction to the ICWA, answers to Frequently Asked Questions, and an appendix of research documents related to the law.

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State and local examples

Indian Child Welfare Act of 1978: A Court Resource Guide (PDF - 1341 KB)
Michigan State Court Administrative Office, ICWA Special Committee (2011)
Presents a guide for Michigan judges to the Federal Indian Child Welfare Act of 1978. The paper explains the need for Michigan to comply with the act and the need to discuss its implementation.

Indian Child Welfare Act Compliance Desk Aid for New York State Child Welfare Workers (PDF - 285 KB)
Explains how to remain in compliance with the requirements of the Indian Child Welfare Act when a child of American Indian heritage enters the child welfare system.

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