The United States has a government-to-government relationship with American Indian and Alaska Native Tribes. Child welfare workers who engage with Native American children and families must be aware of the sovereign status of the child's Tribe and ensure that any case subject to the Indian Child Welfare Act is heard in the proper jurisdiction. Many Tribes operate some form of child protection services, and many have their own Tribal codes, court systems, and child welfare programs. In this section, find resources related to sovereignty, jurisdictional, legal, and judicial issues affecting American Indian children and families. Resources include Tribal court considerations.
Building an Effective Tribal-State Child Welfare Partnership
Capacity Building Center for Tribes
Provides a toolkit designed to assist Tribes and non-Native partners in child welfare collaboration.
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.
National American Indian Court Judges Association
Provides resources for Tribal courts to help address the interests of Tribal sovereigns.
Native American Rights Fund
Gives legal assistance to Tribes, organizations, and individuals in need of representation.
Recognition of Tribal Law
National Indian Law Library
Presents practical guidance on jurisdictional priorities to child welfare workers implementing the Indian Child Welfare Act.
Tribal & Native American Affairs
U.S. Department of Health and Human Services, Administration for Children and Families
Provides information on the Administration for Children and Families’ work with Tribal and Native American children and families, including upcoming events, trainings, funding opportunities, and resources.
Tribal Courts Council
American Bar Association
Works to enhance the effectiveness of those who work with Tribal courts and their governing bodies and contributes to efforts to improve the fairness and functioning of Tribal courts.
Tribal Information Exchange
Capacity Building Center for Tribes
Offers tools and resources for child welfare professionals engaging with Native American families and children.
Tribal Law and Order Act
U.S. Department of Justice (2021)
Explains the purpose of the Tribal Law and Order Act and connects to reports about its implementation and ramifications.
Tribal court considerations
Indian Child Welfare Act
Capacity Building Center for Courts
Explains current tools and resources to support child welfare agencies in measuring and ensuring compliance with the Indian Child Welfare Act.
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.
Links to State and Tribal Child Welfare Law and Policy
Tribal Court Clearinghouse
Tribal Law and Policy Institute
Provides extensive information and resources about Tribal laws/codes, Tribal courts, and other related issues, including Tribal justice and child welfare.