The Indian Child Welfare Act of 1978 (ICWA) set Federal requirements for children in the child welfare system who are members of or eligible for membership in a federally recognized American Indian Tribe. Caseworkers must comply with the ICWA provisions related to foster and adoptive placements. Adoptions in American Indian communities (sometimes called "customary adoptions") do not always require the termination of the birth parents' parental rights. This section provides resources and information on ICWA requirements, adoptions, and customary adoptions within American Indian communities.
Families for Native American Children
AdoptUSKids
Provides information and resources about relevant considerations when fostering and adopting Native American children.
Federal and State Recognized Tribes
National Conference of State Legislatures (2020)
Offers a listing of Indian Tribes or groups that are federally recognized and eligible for funding and services from the Bureau of Indian Affairs, as well as Indian Tribes or groups that are recognized by the States when the State has established such authority.
Foster Care and Adoption
National Indian Child Welfare Association
Discusses the disproportional representation of American Indian and Alaska Native children in foster care and prevention services.
The Indian Child Welfare Act and Fostering Youth Cultural Identity
LaPlante (2017)
American Psychological Association
Provides guidance on ICWA and a way to better protect American Indian children's cultural identity.
ICWA Webinar #3 Tribal Customary Adoption [Video]
California Indian Legal Services (2016)
Explains the ways in which Tribal customary adoption preserves a child’s cultural heritage while allowing for an adoptive placement.
Indian Child Welfare - Guardianships and Adoptions
Cherokee Nation
Describes protective and supportive services for Native American families, including information about fostering and adopting and maintaining compliance with ICWA.
Literature & Resource Review: Characteristics of Successful Foster, Adoptive and/or Kinship Caregivers of American Indian, Alaska Native, First Nations and Native Hawaiian (AIAN/FN/NH) Children and Suggested Training Themes for These Parents (PDF - 2,162 KB)
National Training and Development Curriculum for Foster and Adoptive Parents (2018)
Identifies characteristics of a successful foster, adoptive, and kinship caregivers of AIAN, FN, and NH children as well as suggested training for parents.
Our Children, Our Sovereignty, Our Culture, Our Choice: ICWA Guide for Tribal Governments and Leaders (PDF - 1,009 KB)
Orrantia, Lidot, & Echohawk (2017)
Capacity Building Center for Tribes
Presents recommendations from Tribal leaders, Tribal child welfare staff, and ICWA experts on actions that Tribal leaders can take toward ensuring ICWA compliance.
Resources for Grandparents: Targeted Resources for Tribal Child Welfare (PDF - 75 KB)
Capacity Building Center for Tribes (2017)
Provides resources and other important information for grandparents and other kinship caregivers of Native American children.
Tribal Customary Adoption [Video]
Parr (2016)
California Indian Legal Services
Explains the ways in which Tribal customary adoption preserves a child’s cultural heritage while allowing for an adoptive placement.
Tribal Organizations
National Congress of American Indians
Provides links to national intertribal and regional organizations.
Tribal STAR
Academy for Professional Excellence
Provides access to factsheets for county and Tribal ICWA social workers on Tribal customary adoptions, sample Tribal customary adoption orders, answers to frequently asked questions about Tribal customary adoptions, and a list of upcoming trainings and training resources.
American Indian legal resources
Indian Child Welfare Act; Designated Tribal Agents for Service of Notice
U.S. Department of the Interior, Bureau of Indian Affairs (2017)
Federal Register
Provides contact information for designated Tribal agents for service of notice of ICWA proceedings.
State Statutes Related to Indian Child Welfare
National Conference of State Legislatures (2019)
Presents State statutes related to strengthening, enhancing, or complying with ICWA.
Tribal Court Clearinghouse
Tribal Law and Policy Institute
Provides information and resources about Tribal law, Tribal courts, and other issues related Tribal justice, including child welfare.
Tribal Youth and Families
National Council of Juvenile and Family Court Judges
Features a section dedicated to trainings, Tribal-focused publications, and technical assistance to promote meaningful and ongoing collaboration with Tribes.