ICWA

How much do you know about the Indian Child Welfare Act (ICWA)? It was an act passed in 1978 to control the child welfare cases of Native American children. It gives tribal governments jurisdiction over states when the child in question is living on a reservation. For children not living on a reservation, the tribal government has equal power to the state and can request that the case be transfered from the state court to the tribal court.

If parental rights are to be terminated, there is a heirarcy for where the child should be placed. First, extended family, then other members of the tribe, then other Native Americans who are not memebers of the tribe and lastly non-Native Americans. The purpose of this is to preserve the child's culture as much as possible.

For more details please see A Practical Guide to the Indian Child Welfare Act from the Native American Rights Fund.

Legislative Action

The Senate Finance Committee is scheduled to meet on Wednesday, September 10 to consider the Chairman's Mark of the Improved Adoption Incentives and Relative Guardianship Support Act (S. 3038), which includes important improvements for children and youth in foster care. The Center has supported this piece of legislation and we ask you to also.

What does the new legislation call for?

• Extending and Improving Adoption Incentives - continuation of current state-incentive program with new emphasis on special needs adoptions.


• Increasing Tribal Foster Care and Adoption Access - tribes would be able to receive funding directly to provide foster care services within the tribal community.


• Keeping More Kids with Relative Guardians - Permanent placements with relatives would be encouraged through both relaxing the home-study rules for kin adopters and by providing adoption subsidy to relatives who become permanent guardians of kin.


• Supporting Older Children in Foster Care - States would be required to assist youths transitioning out of the foster care system, even after their 18th birthday, in finding housing, employment, education and medical coverage.


• Helping Caregivers Reach support and resources - Programs would be set up to assist relatives who are permanent guardians find the support and resources already in place for them.

The committee mark-up will take place at 10:00 am in the Dirksen Senate Office Building, Room 215. Please call or email your local senator and voice your support of this bill.