Indian Child Welfare Act
E642832
The Indian Child Welfare Act is a U.S. federal law that sets standards and procedures to protect the rights of Native American children, families, and tribes in child custody and adoption cases.
Statements (57)
| Predicate | Object |
|---|---|
| instanceOf |
Native American law
ⓘ
United States federal law ⓘ child welfare law ⓘ |
| addresses | jurisdictional conflicts between state courts and tribal courts in child custody cases ⓘ |
| aimsToPrevent | unwarranted removal of Indian children from their cultural environment ⓘ |
| allows | tribes to establish a different order of placement preferences by resolution ⓘ |
| appliesTo |
adoptive placement of an Indian child
ⓘ
child custody proceedings involving an Indian child ⓘ foster care placement of an Indian child ⓘ preadoptive placement of an Indian child ⓘ termination of parental rights to an Indian child ⓘ |
| codifiedIn | Title 25 of the United States Code NERFINISHED ⓘ |
| codifiedSections | 25 U.S.C. §§ 1901–1963 ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| dateEnacted | 1978-11-08 ⓘ |
| definesTerm |
Indian child
ⓘ
Indian custodian ⓘ Indian tribe ⓘ child custody proceeding ⓘ |
| effectiveDate | 1978-11-08 ⓘ |
| enactedBy | United States Congress ⓘ |
| establishesPreference |
placement with a member of the child’s extended family
ⓘ
placement with other Indian families ⓘ placement with other members of the child’s tribe ⓘ |
| establishesStandard |
minimum federal standards for the removal of Indian children from their families
ⓘ
placement preferences for Indian children in foster and adoptive homes ⓘ |
| finding |
an alarmingly high percentage of Indian children are placed in non-Indian foster and adoptive homes and institutions
ⓘ
an alarmingly high percentage of Indian families are broken up by the removal of their children by nontribal public and private agencies ⓘ |
| grantsRight |
tribal right to intervene in state court child custody proceedings involving an Indian child
ⓘ
tribal right to request transfer of jurisdiction to tribal court ⓘ |
| hasBeenChallengedInCase |
Adoptive Couple v. Baby Girl
NERFINISHED
ⓘ
Haaland v. Brackeen NERFINISHED ⓘ |
| influences | state child welfare policies involving Native American children ⓘ |
| legislativeSubject |
Native American rights
ⓘ
adoption ⓘ child custody ⓘ foster care ⓘ |
| protects |
the rights of Indian children
ⓘ
the rights of Indian families ⓘ the rights of Indian tribes ⓘ |
| provides |
for full faith and credit to public acts, records, and judicial proceedings of Indian tribes in child custody matters
ⓘ
for invalidation of child custody actions that violate ICWA provisions ⓘ |
| publicLawNumber | Public Law 95-608 NERFINISHED ⓘ |
| purpose |
to promote the stability and security of Indian tribes and families
ⓘ
to protect the best interests of Indian children ⓘ |
| recognizes | tribal jurisdiction over child custody proceedings involving Indian children domiciled on the reservation ⓘ |
| relatedTo |
federal trust responsibility to Indian tribes
ⓘ
tribal sovereignty ⓘ |
| requires |
active efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family
ⓘ
notice to the Indian child’s tribe of child custody proceedings ⓘ proof beyond a reasonable doubt for termination of parental rights to an Indian child ⓘ proof by clear and convincing evidence for foster care placement of an Indian child ⓘ qualified expert witness testimony before foster care placement or termination of parental rights ⓘ |
| shortName | ICWA NERFINISHED ⓘ |
| signedBy | Jimmy Carter ⓘ |
| title | Indian Child Welfare Act of 1978 NERFINISHED ⓘ |
| upheldBy | Haaland v. Brackeen (2023) NERFINISHED ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.