The Indian Child Welfare Act of 1978 (ICWA) sought to end the forced removal of Native children from their tribes. Decades later, American Indian children are still placed in foster and adoptive care at disproportionately high rates. Drawing on forty years of archival data, this study examines the role of administrative burden in reproducing these…

On November 8, 1978, the Indian Child Welfare Act, otherwise known as ICWA, became law. Congress enacted this groundbreaking legislation, the impact of which has been arguably more profound than any other piece of federal Indian law in the modern era. While recent national attention has highlighted the law's role in child custody and adoption…

In 1978 Congress passed an astonishing piece of legislation that gave Native American tribes a considerable amount of jurisdiction over matters of child custody and the adoption of their children. In 1976, the Association of American Indian Affairs gathered statistics relevant to the adoption of Indian children that Congress found "shocking…

Tribal sovereignty is a theory that has gained credibility over the past few decades, but one that the child welfare field has still not fully embraced. A mainstream reluctance to understand or accept customary adoption, unique to tribal culture, illustrates the lack of credibility given to tribal child welfare beliefs and practices. Roger Paul, a…