ICWA
Indian Child Welfare Act
The Indian Child Welfare Act (ICWA) program is a law passed by congress to protect Indian Children. The goal is give preference to placement in a native relative home, a native in the community and a non-native in the community with close ties to the family.
The Tribe, through the ICWA worker, represents the children with the Department of Office of Children Services (OCS) who generally remove children from homes during crisis. OCS presents their case to the court and at that point the ICWA worker will step in, or intervene on the child’s behalf to ensure that out of home placement meets the preference.
The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
In some cases the tribe may intervene and ask for the case to be moved to tribal court.
The Tribe, through the ICWA worker, represents the children with the Department of Office of Children Services (OCS) who generally remove children from homes during crisis. OCS presents their case to the court and at that point the ICWA worker will step in, or intervene on the child’s behalf to ensure that out of home placement meets the preference.
The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
In some cases the tribe may intervene and ask for the case to be moved to tribal court.