The Indian Child Welfare Act (ICWA) of 1978 is a Federal law that governs the removal and out-of-home placement of American Indian children. The law was enacted after the Federal Government recognized that American Indian children were being removed from their homes and communities at a much higher rate than non-Native children. The law established Federal standards for the removal and placement of Native children as well as with termination of parental rights to protect the best interests of Native American children and keep them connected to their families and Tribes. ICWA was enacted after Native American children were systematically removed—often without evidence of abuse or neglect that would be considered grounds for removal—and placed with non-Native families, with the intent to deprive them of their Native family or culture. The law delineates the roles of State and Tribal governments in child welfare cases involving children who are members of or eligible for membership in Federally recognized Tribes. For example, it clarifies that Tribes have sovereignty and exclusive jurisdiction over their members who reside on Tribal land and establishes a process for transferring cases to Tribal court in other cases. The law is one of the key components in protecting the rights and culture of American Indian and Alaska Native children and families. Find resources on this page to learn more about the history, procedures, and standards of the act. Resources include State and local examples
ICWA
Tribal Information Exchange of the Capacity Building Center for Tribes
Provides resources to gain a deeper understanding of the Indian Child Welfare Act (ICWA).
ICWA
National Indian Child Welfare Association (2021)
Supports Tribal communities by helping them to build capacity through their family, community, and culture to prevent abuse and neglect.
ICWA Active Efforts as Prevention: Working Together for Better Outcomes [Webinar]
Capacity Building Center for Tribes (2020)
Provides information on the importance and benefits of active efforts in relationship to Indian Child Welfare Act (ICWA). The webinar also details States' and Tribes' respective roles in active efforts as well as best practices for ICWA efforts.
Indian Child Welfare Act
Tribal Court Clearinghouse
Includes the Government Accountability Office's study on the implementation of the Indian Child Welfare Act (ICWA).
Indian Child Welfare Act
Child Welfare Capacity Building Collaborative, CapLEARN
Provides training modules that explain the implementation and practice of the Indian Child Welfare Act. This website requires a free registration to access this resource.
The Indian Child Welfare Act: A Family’s Guide (PDF - 300 KB)
National Indian Child Welfare Association (2018)
Offers answers to questions about the Indian Child Welfare Act for American Indian and Alaska Native families and provides information on how the law protects families.
The Indian Child Welfare Act and Active Efforts: Past and Present
National Council of Juvenile and Family Court Judges (2021)
Focuses on the use of active efforts as an essential tool in the implementation of the Indian Child Welfare Act (ICWA), provides the history behind ICWA, and outlines the why and how of active efforts in ICWA implementation.
Indian Child Welfare Act (ICWA) Courts: A Tool for Improving Outcomes for American Indian Children and Families
National Council of Juvenile and Family Court Judges (2021)
Highlights an ICWA best-practice implementation and offers guidance to jurisdictions on how best to enhance ICWA implementation efforts to achieve better outcomes for children and families.
The Indian Child Welfare Act (ICWA) Remains
FosterClub (2019)
Discusses a recent Texas court case that emphasized why ICWA is a vital part of protecting Native children and families.
State-Tribal Partnerships: Coaching to ICWA Compliance
Child Welfare Capacity Building Collaborative, CapLEARN
Provides training modules that explain the implementation and practice of the Indian Child Welfare Act. This website requires a free registration to access this resource.
State and local examples
ICWA Tools and Forms
Florida Center for Child Welfare (2020)
Provides resources, guides, and contacts to better understand Indian Child Welfare Act (ICWA) guidelines and procedures.
Indian Child Welfare
Washington State Department of Children, Youth and Families
Explores services offered to members of Tribes in Washington State through the Indian Child Welfare Act.
Indian Child Welfare Act
Arizona Department of Child Safety (2021)
Indicates how the department responds to cases eligible for the Indian Child Welfare Act.
Indian Child Welfare
Alaska Department of Health and Social Services, Office of Children’s Services (2021)
Provides resources, guidelines, and trainings to equip Alaskan child welfare agencies in their work with American Indian and Alaska Native families.