Post by blackcrowheart on Jan 16, 2006 13:27:29 GMT -5
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.
Who is an Indian child?
Under ICWA, a child is Indian if he or she has a mother or father who
is a member of an Indian tribe. The child must also be a member of a
tribe or be eligible for membership.
Why is the law only for an Indian child?
History tells us why.… Indian tribes are sovereign nations. The United
States government has a unique political relationship with Indian
nations through treaties that it does not have with any other people in
the country.
Why was the law passed?
Countless 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 Indian 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 did not understand the importance of the extended family –
relatives other than the mother or father – in bringing up children in
Native cultures. This often resulted in Indian children being improperly
removed from their families and tribes.
Does the law apply to people living away from Indian reservations?
Many people believe that the Indian Child Welfare Act only applies to
Indian children living on reservations. The law applies to ALL Indian
children, wherever they live. Therefore, it is important that child
welfare workers assess ancestry of ALL children referred for neglect or
abuse. If known, the child’s tribe must always be notified by certified
mail of any court proceedings involving placing Indian children in
foster care, termination of parental rights, or adoption. Where ancestry
is not clear, the Bureau of Indian Affairs should be notified.
How does the law work?
First, ICWA requires that every effort be made to try and keep families
together. If removal is necessary, “active 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 an Indian child is removed, ICWA requires that child welfare
agencies 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.
How can YOU protect YOUR children?
Indian families should notify the social worker or child protection
worker, as soon as possible, that they are Indian and from which tribe
they are members or enrolled, or for which tribe their child may be
eligible for membership or enrollment. It is important to keep papers
that may prove tribal memberships or eligibility for tribal membership
in a safe place. These papers may 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 name
listed. Other things that may help include a family tree or a genealogy
record. If a petition for removal of a child from a home has been filed
in state court, a parent or a guardian has the right to a court
appointed attorney if he or she cannot afford one.
Note: This document should not be considered legal advice, but should be
used only for informational purposes
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.
Who is an Indian child?
Under ICWA, a child is Indian if he or she has a mother or father who
is a member of an Indian tribe. The child must also be a member of a
tribe or be eligible for membership.
Why is the law only for an Indian child?
History tells us why.… Indian tribes are sovereign nations. The United
States government has a unique political relationship with Indian
nations through treaties that it does not have with any other people in
the country.
Why was the law passed?
Countless 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 Indian 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 did not understand the importance of the extended family –
relatives other than the mother or father – in bringing up children in
Native cultures. This often resulted in Indian children being improperly
removed from their families and tribes.
Does the law apply to people living away from Indian reservations?
Many people believe that the Indian Child Welfare Act only applies to
Indian children living on reservations. The law applies to ALL Indian
children, wherever they live. Therefore, it is important that child
welfare workers assess ancestry of ALL children referred for neglect or
abuse. If known, the child’s tribe must always be notified by certified
mail of any court proceedings involving placing Indian children in
foster care, termination of parental rights, or adoption. Where ancestry
is not clear, the Bureau of Indian Affairs should be notified.
How does the law work?
First, ICWA requires that every effort be made to try and keep families
together. If removal is necessary, “active 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 an Indian child is removed, ICWA requires that child welfare
agencies 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.
How can YOU protect YOUR children?
Indian families should notify the social worker or child protection
worker, as soon as possible, that they are Indian and from which tribe
they are members or enrolled, or for which tribe their child may be
eligible for membership or enrollment. It is important to keep papers
that may prove tribal memberships or eligibility for tribal membership
in a safe place. These papers may 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 name
listed. Other things that may help include a family tree or a genealogy
record. If a petition for removal of a child from a home has been filed
in state court, a parent or a guardian has the right to a court
appointed attorney if he or she cannot afford one.
Note: This document should not be considered legal advice, but should be
used only for informational purposes