Define: Icwa

ICWA stands for the Indian Child Welfare Act, which is a federal law enacted in 1978 to protect the rights and interests of Native American children and their families in child welfare proceedings.

ICWA applies to child custody proceedings involving Native American children who are members or eligible for membership in a federally recognized tribe.

Some key provisions of ICWA include requirements for active efforts to prevent the breakup of Native American families, placement preferences for Native American children with extended family or tribal members, and the right of tribes to intervene in child custody proceedings.

The purpose of ICWA is to preserve the cultural identity and integrity of Native American tribes by ensuring that Native American children are placed in culturally appropriate settings and that their families are provided with necessary support services.

ICWA imposes specific requirements and procedures that must be followed in child custody proceedings involving Native American children, including notice to tribes, placement preferences, and the right of tribes to intervene.

ICWA can only be waived or bypassed in limited circumstances, such as when the child’s tribe agrees to the waiver or when the court determines that ICWA does not apply to the specific case.

Failure to comply with ICWA can result in legal challenges, including the potential for the child custody proceedings to be overturned or remanded for compliance with ICWA requirements.

Non-Native American parents can adopt Native American children, but ICWA establishes specific requirements and preferences for placement, including a preference for placement with extended family or tribal members.

ICWA generally applies prospectively, meaning it applies to child custody proceedings initiated after its enactment in 1978. However, some courts have applied ICWA retroactively in certain circumstances.

To ensure compliance with ICWA, it is important to consult with an attorney experienced in ICWA matters, provide proper notice to tribes, follow placement preferences, and engage in active efforts to prevent the breakup of Native American families.