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Indian Child Welfare Act (ICWA) of 1978
P.L. 95-608

Overview

Major Provisions of the Act

• Established minimum Federal standards for the removal of Indian children from their families
• Required Indian children to be placed in foster or adoptive homes that reflect Indian culture
• Provided for assistance to Tribes in the operation of child and family service programs
• Created exclusive Tribal jurisdiction over all Indian child custody proceedings when requested by the Tribe, parent, or Indian ''custodian''
• Granted preference to Indian family environments in adoptive or foster care placement
• Provided funds to Tribes or nonprofit off-reservation Indian organizations or multiservice centers for purpose of improving child welfare services to Indian children and families
• Required State and Federal courts to give full faith and credit to Tribal court decrees
• Set standard of proof for terminating Indian parents' parental rights that required the proof to be beyond a reasonable doubt

Updated on October 29, 2009