Indian Child Welfare Act 1978
Training
Native American Statistics – USA
• 4.1 million people reported as American
Indian/Alaska Native (AI/AN) 2000 US.
Census
• 1.4 million children under the age of 18
• 562 Federally Recognized Tribes
• Native American children are placed in outof-home care at a rate that is 3.6 times
higher than the general population
Native American Statistics –
(2000 Census)
• Georgia - 16,410
• Ohio - 18,585
• Oklahoma - 248,037
• New Mexico - 164,883
• Pennsylvania - 12,360
• South Carolina - 10,201
• Texas - 78,633
• Virginia - 16,320
History’s Impact on Child Welfare in
American Indian Communities
Key Laws Affecting Indian Tribes
• 1819 Civilization Fund Act
• 1830 Removal Act
• 1887 Dawes Allotment Act
• 1924 Indian Citizenship Act
• 1934 Indian Reorganization Act
• 1953 Public Law 280 (limits of state
jurisdiction)
• 1975 Indian Self-Determination Act
• 1978 Indian Child Welfare Act
Federal Policies of the 1800s
American history and federal policy
have impacted Indian tribes since first
contact.
Civilization Fund Act-1819
The act intended to “civilize” and
“Christianize” Indians through federal
and private means.
Removal Act, 1830
Enacted to move Indians
away from traditional
homelands to “Indian
Territory” west of the
Mississippi
Indian Boarding Schools
1860s – Present
Native children were removed from home
and sent to military style boarding schools
Dawes Allotment Act, 1887
Indian land divided up in effort to turn Indians
into nuclear families and farmers
Indian Citizenship Act, 1924
American Indians granted
United States Citizenship.
And while all Native Americans
were now citizens, not all
states were prepared to
allow them to vote. Western
states, in particular, engaged
in all sorts of legal scams to
deny Indians the ballot. It was
not until almost the middle of
the 20th century that the last
three states, Maine, Arizona
and New Mexico, finally
granted the right to vote to
Indians in their states.
In 1953, Congress perceived inadequate
law enforcement in Indian country
and enacted Public Law 83-280 ("P.L.
280") to address the problem.
Public Law 83-280, 1953
• Public Law 280 is a federal statute enacted
by Congress in 1953. It enabled states to
assume criminal, as well as civil, jurisdiction in
matters involving Indians as litigants on
reservation land. Previous to the enactment
of Public Law 280, these matters were dealt
with in either tribal and/or federal court.
Essentially, Public Law 280 was an attempt
by the federal government to reduce its role
in Indian affairs.
Public Law 280, cont.
Without tribal agreement, six states which
were obligated to assume jurisdiction from
the outset of the law: Alaska, California,
Minnesota, Nebraska, Oregon, and
Wisconsin. States that have assumed at least
some jurisdiction since the enactment of
Public Law 280 include: Nevada, South
Dakota, Washington, Florida, Idaho,
Montana, North Dakota, Arizona, Iowa, and
Utah. After 1968, tribal agreement was
required before state assumption of
jurisdiction.
Federal Policies, 1950-60s
Federal and private agency policies and
practices impact Native American children
and families-– Indian Adoption Project (Bureau of Indian Affairs and
the Child Welfare League of America)-1958
– “Relocation Program” - 1950s
– 1960s: tribes began questioning placement rate of
their children into non-Indian homes
Empowerment in the 1970s
1970s: Association on American
Indian Affairs, New York,
conducted surveys to find out
extent of Indian child welfare
issues. Studies found 25-35% of all
Indian children had been
removed from families and
placed in non-Indian care
Findings created and expressed
national tribal concern, then
action and advocacy
In 1978 Congress passed Indian
Child Welfare Act
In April 1994, President Bill Clinton
reinforced the longstanding federal
policy supporting self-determination for
Indian Nations and directed federal
agencies to deal with Indian Nations
on a government-to-government basis
when tribal governmental or treaty
rights are at issue. Each President since
Lyndon Johnson has formally
recognized the sovereign status of
Indian Nations.
The five main principles of President
Clinton’s policy required agencies to:
• (a) Operate within a government-togovernment relationship with tribes
• (b) Consult, to the greatest extent
practicable, with tribes prior to taking
actions that affect tribes
(c) Assess the impact of all federal plans,
projects, programs, and activities on tribal
trust resources, and assure those tribes’ rights
and concerns are considered during the
development of plans, projects, programs
and activities
(d) Take appropriate steps to remove
procedural impediments to working directly
and effectively with tribes on activities
affecting the property or rights of tribes
(e) Work cooperatively with other agencies to
accomplish the goals of this memorandum
Tribes also have exclusive jurisdiction
over such proceedings when they
involve an Indian child who is a ward
of the tribal court, regardless of where
the child resides. Custody proceedings
covered by the act include foster care
placement, the termination of
parental rights, and pre-adoptive and
adoptive placement.
The federal government also has key
responsibilities to tribes. The federal
trust responsibility, one of the most
important doctrines in federal Indian
law, is the federal government’s
obligation to protect tribal self
governance, lands, assets, resources,
and treaty rights and to carry out the
directions of federal statutes and court
cases. The federal relationship with
tribal governments also limits the role
of state governments on tribal lands.
The historic oppression of Native Peoples
has resulted in an notable mistrust of
state and federal governmental
agencies.
Indian Child Welfare Act -1978
The stated purpose of ICWA is “to protect the
best interests of Indian children and to
promote the stability and security of Indian
tribes and families.”
The act seeks to protect Indian children, tribes
and culture by limiting state’s powers and
by encouraging respect for tribal authority
regarding the placement of Indian youth.
The Indian Child Welfare Act played an
important role in tribal empowerment in
child welfare
• Congressional Declaration of the ICWA of 1978
“The Congress hereby declares that it is the policy
of this Nation to protect the best interests 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 from their families and the
placement of such children in foster or adoptive
homes which will reflect the unique values of Indian
culture, and by providing for assistance to Indian
tribes in the operation of child and family service
programs.”
For complete ICWA click onto:
http://www.tribal-institute.org/lists/chapter21_icwa.htm
The Indian Child Welfare Act has
provided the impetus to improve
tribal-state relationships and
develop better understandings of
cultural differences.
Placement of Indian Children
Adoption Placements
Adoptive placement of Indian children with preference to:
– Member of the child’s extended family,
– Other members of the Indian child’s tribe,
– Other Indian families.
Foster care or Pre-adoptive Placements
Foster care or pre-adoptive placements; criteria;
preferences (placed in least restrictive setting which
meets his/her special needs, placed within
reasonable proximity to his or her home)
– Member of the child’s extended family;
– A foster home licensed, approved or specified by the
Indian child’s tribe;
– An Indian foster home licensed or approved by an
authorized non-Indian licensing authority; or,
– An institution for children approved by an Indian tribe or
operated by an Indian organization which has a program
suitable to meet the Indian child’s needs
– Other members of the Indian child’s tribe,
– Other Indian families.
Child Welfare Statistics
• 35% of all American Indian children live in poverty;
10% of white children live in poverty.
• Indian children are victims of maltreatment at the
same rate as other children, but maltreatment is
substantiated twice as often as white children.
• Indian children experience placement three (3)
times as often as white children. (CWLA 2003)
• In some states, Indian children represent 35-60% of
the children in out-of-home placements.
The Best Interests of Indian Children
are Served by:
Creating State/Tribal Partnerships:
Government to government communication
Ensuring a seat at the policy table
Consulting tribes at all levels
Developing culturally competent
systems of care:
Legislatively
Organizationally
Professionally
Adhering to the Indian Child
Welfare Act:
In the courts
Administratively
In direct service practice
Benefits of Collaborating
With Tribes
Clarifies the roles and responsibilities for the
Provision of care to tribal children to better
serve Native American children and families
Provides opportunities to improve outcomes for
Native American children served by the child
welfare agency
Enhances mutual understanding of the role of
governmental agencies in formulating or
Implementing policies that have tribal
implications Statewide Assessment
Please print off Indian Child Welfare Act
Hand Out and ICWA Staff training report
form found on the portal, read and
complete training report form and submit
to your supervisor.