ICWA

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).

The Indian Child Welfare Act (25 U.S.C. §§ 1901–1963)

In 2016 Bureau of Indian Affairs issued both official regulations and accompanying guidelines to help state courts and child welfare agencies implement ICWA; they provide clarification on important aspects of the law including standard of practice with families.

BIA Federal Regulations (25 C.F.R. Part 23, Indian Child Welfare Act Proceedings, Final Rule)

BIA Guidelines for Implementing the Indian Child Welfare Act

A Practical Guide to the Indian Child Welfare Act

This Guide is intended to answer questions and provide a comprehensive resource of information on the Indian Child Welfare Act (ICWA).

Bureau of Indian Affairs, United States Department of the Interior, Indian Affairs

The BIA social services program supports bureau agency staff and over 900 Tribal staff that have been hired by contracting Tribes to run their programs.

ICWA INFO (Casey Family Programs & NARF)

Produced by the Casey Family Programs, this eight-page Indian Child Welfare Act (ICWA) desk guide is a general reference about the major provisions of the ICWA and the laws and policies regarding the application of the law in different jurisdictions. (Some states provide guidance regarding ICWA in their policy manuals and through training; other states have codified ICWA in state law or have defined terms used in the ICWA in state statute, while others have codified only certain aspects of ICWA.) Additional resources are identified on page five of the guide. 

National Indian Child Welfare Association

NICWA is a private, nonprofit, membership organization based in Portland, Oregon. Our members include Tribes, individuals—both Native and non-Native—and private organizations from around the United States concerned with Native child and family issues.

 Turtle Talk

Turtle Talk is the leading blog on legal issues in Indian Country.

Compliance with ICWA is mandatory yet many state and court systems are still struggling to understand and effectively meet these requirements. Non-compliance with this law perpetuates the disproportionate numbers of American Indian and Alaska Native children represented in state and county child welfare systems today. The Bureau of Indian Affairs (BIA) addressed this continued non-compliance by disseminated federal regulations governing ICWA in 2016. These regulations serve to create more consistency in ICWA implementation.

Improving the Well-being of American Indian and Alaska Native Children and Families through State-Level Efforts to Improve Indian Child Welfare Act Compliance indicates “the most critical issues of noncompliance involve:

(1) lack of regular oversight of ICWA implementation,

(2) AI/AN children not being identified early in child welfare proceedings,

(3) tribes not receiving early and proper notification of child welfare proceedings involving their member children and families,

(4) lack of placement homes that reflect the preferences defined within ICWA,

(5) limited training and support for state and private agency staff to develop knowledge and skills in implementing ICWA, and

(6) inadequate resources for Tribal child welfare agencies to participate and support their state and private agency counterparts.”

For States

Quick Reference Sheet for State Agencies

Quick Reference Sheet on Active Efforts

BIA List of Designated Tribal Agents by Region (June 2018)

State-Tribal Partnerships: Coaching to ICWA Compliance
Learn about supporting culturally responsive services for American Indian and Alaska Native children, youth, and families and increasing ICWA compliance. Use this 3-day in-person training to engage in collaborative learning and action planning for stronger state-tribal partnerships.
Register for free access to this curriculum and materials from the Capacity Building Center for States!

Wisconsin

• Missing Threads: The Story of the Wisconsin Indian Child Welfare Act
• Wisconsin Indian Child Welfare Act (WICWA)
• ICWA Regulations – WICWA Comparison Chart
• Wisconsin Indian Child Welfare Desk Aid
• WICWA Online Resource for Case Workers
• Judicial Checklist – Wisconsin Indian Child Welfare Act
• A Child Welfare Practitioner’s Guide for Meeting the WICWA Active Efforts Requirements
• Indian Child Welfare Act eLearning
• Best Outcomes for Indian Children in out of Home Care Project: Indian Child Welfare Resources Manual and Directory
• Wisconsin State Tribal Relations Initiative
• Tribal/State Agreement