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Created exclusive Tribal jurisdiction over all Indian child custody proceedings when requested by the Tribe, parent or Indian “custodian” (except in cases where such jurisdiction is contrary to other Federal law, e.g., P.L.Required Native American children to be placed in foster or adoptive homes that reflect Native American culture.Established minimum federal standards for the removal of Native American children from their families.The following are some of the major provisions of ICWA (USDHHS, 2015): The ICWA sets in place provisions to ensure the child’s respective tribe is notified of state child custody proceedings and gives tribes the legal authority to intervene in those court proceedings. The intent of the act was to ensure that Native American children were not lost to state child welfare agencies when situations of child abuse and neglect occurred. The Indian Child Welfare Act (ICWA) was enacted in 1978. Reasons for exiting the system included reunification with parents, living with relatives, emancipation, guardianship and transfer to another agency. Two percent (5,249) were American Indian. At that same time, 243,060 children were exiting foster care. 30, 2015, 427,910 children were in foster care, of which 2 percent (10,130) were American Indian. Department of Health and Human Services (USDHHS), Administration for Children and Families, Children's Bureau, Adoption and Foster Care Analysis and Reporting System (AFCARS) on Sept.
Native American youth in foster care dataĪccording to the U.S. Today, as a social work professor and advocate, this experience, along with my work with tribes throughout the country, is what motivates me to seek models to better serve American Indian children.
I worked with numerous youth in my 13 years of service, many of whom grew up in the foster care system until legal emancipation.Īn American Indian Unit model is a culturally competent approach to providing child protection services to American Indian children and families and could serve as an effective model for all State child welfare programs.
A social worker could remain as the child’s social worker for months and in other cases years. The ICWA Unit social workers provided a continuum of services to children and families for the entirety of the family’s involvement with the child welfare system, from investigation to permanency planning. The judges and attorneys were experts in Indian Child Welfare legal proceedings, and at times during my tenure, all of the staff social workers in the ICWA Unit were American Indian, including the supervisors. The juvenile dependency court system had a courtroom designated specifically for Indian Child Welfare cases. My job was to ensure agency compliance with the Indian Child Welfare Act, including the investigation of child abuse, active efforts to reunify families, culturally competent case management, and proper and timely court filings. I worked in the Indian Child Welfare Unit (ICWA Unit) that provided specialized, culturally competent services to American Indian children, families and tribes from throughout the United States. As a child welfare social worker, I worked in the largest county in the United States with the largest urban American Indian population in the United States.
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