ERIC Number: ED212417
Record Type: Non-Journal
Publication Date: 1981-Feb
Reference Count: N/A
The Indian Child Welfare Act.
Steward, Katy Jo
The Indian Child Welfare Act of 1978 (I.C.W.A.) is federal legislation which preempts state law whenever Indian children may be removed from their families. The I.C.W.A. permits Indian tribal courts to decide the future of Indian children, establishes minimum federal standards for removal of Indian children from their families, requires that children removed from their homes be placed with Indian families to protect the continued integrity of Indian culture, and controls all state foster care and adoptive proceedings. For the act to apply, children must be unmarried, under age 18, and members of an Indian tribe or eligible for membership. The act covers foster care, termination of parental rights, pre-adoption proceedings, and adoption proceedings. Two jurisdictional sections grant exclusive or concurrent jurisdiction depending on the domicile of the parent. If it is decided that the child will remain under the state court, the court must meet established minimum federal requirements. If it is determined the child will be placed in foster care or adopted, the child must be placed in a home according to a set order of preferences. For foster care, these are: (1) with the child's extended family; (2) in a foster home licensed/approved by an Indian tribe; (3) in an Indian foster home licensed by a non-Indian authority; (4) in an institution operated by the tribe or Indian organization. Order of preference for adoption is with: the extended family; a member of the child's tribe; other Indian families. (CM)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Indian Centers, Inc., Los Angeles, CA.
Identifiers - Laws, Policies, & Programs: Indian Child Welfare Act 1978