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What is ICWA?
The
Indian Child Welfare Act or ICWA is a law that applies to state,
county and private child welfare agencies. It covers tribal
children from all American Indian and Alaska Native tribes listed
in the Federal Register. ICWA supports Indian tribes’ authority
over their members and the well-being of Indian children and
families. |
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Who is an Indian child?
Under ICWA, a child is “Indian” if he or she is a member
of a federally recognized tribe. The child may also have a mother
or father who is a member of and Indian tribe and be eligible for
membership. It is up to the tribe to say who is a member.
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Why is the law
only for an Indian child?
History tells us why… Indian tribes are
sovereign nations. The U.S. government has a unique political
relationship with Indian nations though treaties that it does not
have with any other peoples in our country. |
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Why was the law
passed?
Sadly, countless numbers of Indian children
have been removed from their families and tribes. Boarding schools
run by the government and other groups kept school-age children
away from their homes. Many children lost their traditions and
culture and experienced serious problems later in life.
Often, child welfare agency workers used
their own cultural beliefs to decide if Indian children were being
raised properly. Also, many have not understood the importance of
the extended family—relatives other than mother or father—in
bringing up children in native cultures. |
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Does the law apply
to people living away from Indian reservations?
Many believe that the law only applies to
Indian children living on reservations… the law applies to ALL
Indian children, wherever they may live. Therefore, it is
important that child welfare workers assess ancestry of all
children referred for neglect and abuse. If known, the child’s
tribe must always be notified by certified mail of any court
proceeding involving placing children in foster care, termination
of parental rights or adoption. Where ancestry is not always
clear, the Bureau of Indian Affairs should be notified. |
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How does the
law work?
First, ICWA means that every effort will be
made to try to keep families together. If removal is necessary,
“active rehabilitative efforts” must be made to bring the
family back together. This means that everything possible must be
done to help the family resolve the problems that led to neglect
or abuse, including referral to services that are sensitive to the
family’s culture.
If a child is removed, ICWA requires that
child welfare agencies must actively seek to place a child with
(1) relatives, (2) a tribal family, or (3) an Indian family before
placing the child in a non-Indian home. |
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How can you
protect your children?
Papers that need to be kept in a safe place
include: enrollment numbers and Certificates of Indian Blood (CIBs);
census numbers or blood quantum cards; and birth certificates with
the mother’s and father’s names listed. Other things that may
help include a family tree or a genealogy record.
If you are referred for child neglect or
abuse and need legal help, you have the right to a court appointed
attorney if you cannot afford one. |
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What else can
you do?
Everyone is responsible for the welfare of
each child. Each child is a sacred gift. Children must be
protected. Children must never be abused or neglected. There are
many things you can do. |
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