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.

All labels observed (2)

How this entity was disambiguated

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 ⓘ
codifiedSections 25 U.S.C. §§ 1901–1963 ⓘ
country 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 ⓘ
Haaland v. Brackeen ⓘ
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 ⓘ
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 ⓘ
signedBy Jimmy Carter ⓘ
title Indian Child Welfare Act of 1978 ⓘ
upheldBy Haaland v. Brackeen (2023) ⓘ
linked to: Haaland v. Brackeen

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Child Welfare Services → legalBasis → Indian Child Welfare Act ⓘ
Indian Child Welfare Act → title → Indian Child Welfare Act of 1978 ⓘ
linked to: Indian Child Welfare Act
Indian Country → relatedTo → Indian Child Welfare Act ⓘ