Indian Child Welfare Act

Focus Area:

Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) of 1978 (25 U.S.C. §§ 1901–1963) is a federal law passed in response to the fact that 25% – 33% of American Indian and Alaska Native children were being removed from their families and placed in non-Native homes. ICWA requires states/counties and state/county courts to protect the best interest of American Indian and Alaska Native children by maintaining their familial, community, and cultural connections. In 2016, the Bureau of Indian Affairs issued 25 C.F.R. Part 23, Indian Child Welfare Act Proceedings, Final Rule and accompanying guidelines to provide clarification on the implementation of ICWA for state/county courts and child welfare agencies. Additionally, many states have enacted a state ICWA law or codified the federal law into state statute to further ensure that American Indian and Alaska Native children and families’ rights to maintain familial, Tribal, and cultural connections.

In child welfare cases involving American Indian and Alaska Native children in state or county custody, strong partnerships between Tribes and states or counties are critical to maintaining children’s connections to their families, Tribes, and cultural heritage.

Ensuring active efforts are followed to prevent removal from the family and to reunify with either parents or families of origin as soon as imminent threat is gone. Active effort means affirmative, concrete, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family and the child’s Tribe. When an agency is involved in the child-custody proceeding, active efforts must involve assisting the parent or parents or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. Tribal engagement is required throughout the case to ensure culturally based services are provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s Tribe. Active efforts should be conducted in partnership with the Indian child and the Indian child’s parents or Indian custodian, extended family members, Indian custodians, and Tribe.
If child safety risk remains after active efforts have been provided, the placement of the child shall follow the foster care placement preference order, which the child’s Tribe has a right to reorder:

1. 1. A member of the Indian child’s extended family;
  2. A foster home that is licensed, approved, or specified by the Indian child’s Tribe;
  3. An Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
  4. An institution for children approved by an Indian Tribe or operated by an Indian organization which has a program suitable to meet the child’s needs.

Based on certain factors, the court can also find there is “good cause” to deviate from the order.

ICWA State Laws Map

Hover over or click on the states below to view links to their supporting documents such as laws, codes, policy and procedures.

How the Center Supports the Workforce

The National Tribal Child Welfare Center for Innovation and Advancement offers technical assistance and resources for Tribal-State consultation and collaboration regarding ICWA.

Technical Assistance

Through tailored technical assistance, the Center helps Tribal programs assess workforce needs and implement strategies that support staff wellbeing, role clarity, and sustainable structures.

Resources

Resources include tools, trainings, and knowledge products co-developed with Tribal partners to support ongoing learning and leadership development.

Learning Opportunities

Through peer connections, Tribal child welfare professionals share approaches, teachings, and uplift Indigenous approaches to care, supervision, and leadership. Services offered are shaped in partnership with each Tribal program, grounded in Indigenous Ways of Knowing, and designed to reflect the realities of the work.

Indian Child Welfare Act

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