CWS-CARES Public Library

The Indian Child Welfare Act (ICWA) is a federal law enacted in 1978 to protect the best interests of Native American children and promote the stability and security of Native American tribes and families. The ICWA establishes minimum Federal standards for the removal of Indian children, delineates the roles of State and Tribal governments in child welfare cases, establishes placement preferences for placement with family and Tribal members, and institutes protections for parents regarding the termination of parental rights. In California, ICWA provides guidance to counties, regarding the handling of child abuse and neglect and adoption cases involving Indian children and sets minimum standards for these cases, to support Indian children and families, and ensure children remain connected to their family, Tribe, and culture. ​

Among protections for Indian children, ICWA requires caseworkers to make several considerations when handling an ICWA case, including: ​

• Providing active efforts to the family; ​

• Identifying a placement that fits under the ICWA preferences provisions; ​

• Notifying the child’s tribe and the child’s parents of the child custody proceeding; and​

• Working actively to involve the child’ tribe and the child’s parents in the proceedings.​​

ICWA ensures that tribes as sovereign nations, have a strong voice in child custody proceedings involving Indian children. Tribes have exclusive jurisdiction over cases when the child resides on the reservation, or when the child is a ward of the tribe. Tribes have concurrent jurisdiction for an ICWA case, when the child is living or domiciled off the reservation, or the Tribal court declines to take the case. In California when the county and Tribe have concurrent jurisdiction, ICWA establishes a presumption that the county must transfer jurisdiction to the Tribe, upon request.​