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…

Supporting Indigenous youth, their parents, and communities continues to challenge school districts and the school psychologists who serve them. In this article, the authors suggest that understanding Indigenous sovereignty and identity will contribute to enhancing that interface, and to advocating on behalf of those students and their…

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…

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…

Discusses the history, purposes, and provisions of the Indian Child Welfare Act (ICWA); recent high-profile transracial adoption cases; the debate over whether ICWA purposes have been realized; the proposed Adoption Promotion and Stability Act, which would severely limit application of ICWA to adoption cases; and proposed compromise amendments to…

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 report is based upon a 1985-86 survey conducted by the Dull Knife Memorial College Indian Child Welfare Project. A series of workshops were conducted throughout Montana to acquaint providers of services for abused and neglected Indian children with the requirements of and issues associated with the Indian Child Welfare Act of 1978.…

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…

This report is an extensive review of the topic of child abuse as it pertains to American Indians, with particular reference to resources available from the Clearinghouse on Child Abuse and Neglect Information. Chapter I offers historical background on the effects of governmental policies upon Indian communities. Chapter II reviews tribal court…

The Indian Child Welfare Act places responsibility for implementing Indian welfare legislation onto Indian tribes themselves, rather than on the government bureaucracy. Successful implementation poses challenges concerning the establishment of comprehensive tribal courts, in view of sociocultural and environmental factors that have affected the…

Under Oklahoma's new "in need of treatment" (INT) procedure, juvenile commitments have increased 10 times since 1983. About 8% of commitments are American Indian children. Generally, the mental health dilemma of Indian communities is characterized by multiple and interacting problems, acute symptoms masked by related problems such as…

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 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…

The Indian Child Welfare Act of 1978 (I.C.W.A.) is federal legislation which preempts state law whenever Indian children may be removed from their families. The I.C.W.A. permits Indian tribal courts to decide the future of Indian children, establishes minimum federal standards for removal of Indian children from their families, requires that…

This article examines foster care and adoption, health, and education of poor Indian children. The paper first explains the Indian Child Welfare Act of 1978, gives a historical overview of injustices done to American Indians, and reviews recent court rulings and federal and state action in regard to the Indian Child Welfare Act. The paper then has…