Indian Child Welfare Act of 1978
P.L. 95-608
Overview
S. 1214
Enacted November 11, 1978
Purpose: To establish standards for the placement of Indian children in foster and adoptive homes and to prevent the breakup of Indian families
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 the 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 a standard of proof for terminating Indian parents' parental rights that required the proof to be beyond a reasonable doubt