Legal Definitions - Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 that aims to keep Native American/indigenous children with Native American/indigenous families. The ICWA was created because many Native children were being separated from their families by private adoption agencies and child-welfare services to be placed with non-native families. Before the ICWA, 75% to 80% of Native American families saw one of their children be placed in the foster care system. This law was created to address the devastating impact upon Native American children, who were oftentimes placed in non-native families.

The ICWA establishes specific rules and standards for the removal of Native American children and provides guidelines for the placement of Native American children in foster or adoptive homes, emphasizing the importance of the opportunity for the children to grow up in a Native American cultural setting. The main goal of the Act is to allow Native American children to stay connected to their families and tribes, and most importantly their culture.

Before the ICWA, many Native American children were taken away from their families and placed in non-native homes. For example, a Native American child could be taken away from their family and placed with a white family who did not understand or appreciate their culture. This could cause the child to lose their connection to their family, tribe, and culture. The ICWA helps prevent this from happening by ensuring that Native American children are placed with Native American families whenever possible.