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…

In this report, the Senate Committee on Indian Affairs reports favorably on Senate Bill 569 to amend the Indian Child Welfare Act (ICWA) of 1978 and recommends its passage with an amendment. In enacting ICWA, Congress sought to: (1) protect the relationship between Indian children and their parents; (2) affirm the tribal right to participate…

The controversies in adoption have extended across a spectrum of policy and practice issues, and although the issues have become clear, resolution has not been achieved nor has consensus developed regarding a framework on which to improve the quality of adoption policy and practice. This book is the first in a series to use an ethics-based…

Reviews the evolution of U.S. adoption law since 1851. Recounts changes in the perceived "best interests" of all members of the adoption triad over time, and growing recognition of links between adoption and child welfare policy. Discusses current controversies including open adoption, birth parents' rights, unmarried fathers, and the…

Presents the historical background, contemporary factors, issues, and activities that led to the enactment of the Indian Child Welfare Act. Discusses actions of the Devils Lake Sioux of North Dakota in 1968 and involvement of the Association on American Indian Affairs, which led to Senate hearings in 1974 and passage of the act in 1978. (TM)

Testimonies were heard by the Subcommittee on Indian Affairs and Public Lands in reference to the Indian Child Welfare Act of 1978, which establishes standards for the placement of Indian children in foster or adoptive homes to prevent the breakup of Indian families. Representatives from the following organizations testified: Administration for…

Provides historical background on federal policies related to Indian family rights and child welfare and on legislation leading up to the Indian Child Welfare Act. Interprets the act with regard to jurisdiction and standards for child placement for foster care and adoption. Discusses federal funding of the act and monitoring of state compliance.…

This study responds to the lack of research on Indian Child Welfare Act of 1978 (ICWA) compliance by examining a nationwide sample of the ICWA section within state Title IV-B Child and Family Services Plans (CFSP) and Annual Progress and Services Reports (APSR). These plans and reports address the administration of state child welfare systems. The…

Discusses the Indian Child Welfare Act of 1978 (ICWA), intended to stabilize Indian families by reducing the number of Indian children placed in non-Indian adoptive or foster homes. The act established minimum federal standards for removal of Indian children and outlined procedures that aid their placement in homes reflecting Indian culture.…

This Senate hearing produced testimony on how the Indian Child Welfare Act of 1978 (ICWA) has been administered by government agencies and the courts. Three members of the Select Committee on Indian Affairs presented background information on the act's intent to confirm the tribe as the primary authority in matters involving an Indian child's…

The question and answer booklet highlights the provisions of the Indian Child Welfare Act of 1978 which was designed to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families. The booklet attempts to answer 28 important questions concerning title I of the Act. Examples of questions…

The Indian Child Welfare Act (ICWA) recognizes tribes' rights to exercise authority over the welfare of Native American children. Although the ICWA was passed more than 20 years ago, its implementation in Minnesota has been uneven. A conference was held to rectify that situation, and these proceedings provide, among other things, information on…