Indian Child Welfare Act (ICWA) Documents Archive
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Indian Child Welfare Act Outline, ICWA, 9 KB HTML
An overview of the Indian Child Welfare Act describing the ICWA and how it is designed to defend the continuity of Indian families and their culture if children of American Indian heritage are involved in child custody legal proceedings.
History of the Indian Child Welfare Act 23 KB HTML
Understanding why Tribes can be treated differently than other groups is to understand the history of the Federal Government's relationship to Tribes, and Tribes status as separate sovereigns from either Federal or State Government. Indian Tribes are sovereign entities whose existence pre-dates the United States Constitution. Cherokee Nation v. Georgia, 303 U.S. (5 Pet.) (1831). Tribes retain inherent sovereign powers to make their own laws and be ruled by them.
Indian Child Welfare Act
Case Flow Charts (13)
Minnesota Indian Child Welfare Act
Checklist For Judges 310 KB PDF
This outline covers the legal requirements of the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. It does not attempt to include all of the provisions that routinely apply to every juvenile or family proceeding. References in the outline are identified more fully at the end.
United States Code Title 25 – Indians Chapter 21 – Indian Child Welfare Act Federal Law 40 KB HTML
The Federal Law that defines how and why American Indian Children have a special need for legal protection. The Indian Child Welfare Act states that “The Congress hereby declares that it is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs.”
Indian Child Welfare Act Annotated June 2002 1.55 MB PDF
The Source Book is organized by section of the Indian Child Welfare Act of 1978. 25 U.S.C. 1901 et seq. (1978)(hereinafter “Act” or “ICWA”). First, the Source Book provides the applicable section of the Act. Second are comments and portions of the BIA Guidelines for State Courts, Indian Child Custody Proceedings, 44 Fed. Reg. 67584-67595 (November 26, 1979). Third are cases relevant to the section. U.S. Supreme Court cases are listed first, when there are any. Remaining cases, mostly state court cases, are organized by the federal circuit within which the state is located. The Source Book contains all relevant ICWA cases in both federal and state courts in the United States through June 2002. The Source Book does not contain: California cases (discussed below); cases overturned by a higher court (except if noted); or state or local legislation or laws affecting Indian families. California law on the ICWA is not included in this Source Book.
Indian Child Welfare Act Law Center
1730 Clifton Place, Suite 104
Minneapolis, Minnesota, 55403
Phone: 612-879-9165
Indian Child Welfare Act, ICWA
Relevant Statutes, Rules and Regulations
Sections One through Eleven
Update February 22, 2007 and June 2007
Produced in connection with the Indian Child Custody Project, funded in part, by the Administration for Native Americans.
Table of Contents 76 KB PDF
Relevant Statutes, Rules and Regulations of the Indian Child Welfare Act, sections One through Ten. Minnesota.
1. 25 U.S.C. §§ 1901 et seq. (Indian Child Welfare Act) 160 KB PDF
ICWA Congressional findings, ICWA Congressional declaration of policy, ICWA Definitions, Indian tribe jurisdiction over Indian child custody proceedings, Pending court proceedings, Parental rights; voluntary termination, Petition to court of competent jurisdiction to invalidate action upon showing of certain violations, Placement of Indian children, Return of custody, Tribal affiliation information, Reassumption of jurisdiction, etc.
2. ICWA Bureau of Indian Affairs Recommended Guidelines for State Courts, Indian Child Custody Proceedings. 291 KB PDF
Although the rule making procedures of the Administration Procedures Act have been followed in developing these guidelines, they are not published as regulations because they are not intended to have binding legislative effect. Many of these guidelines represent the interpretation of the Interior Department of certain provisions of the Act. Other guidelines provide procedures which, if followed, will help assure that rights guaranteed by the Act are protected when state courts decide Indian child custody matters.
3. MIFPA Amendments 2007; SF 1108 / HF 1285 553 KB PDF
Minnesota's legislation enacted to insure compliance with the federal Indian Child Welfare
Act, 25 U.S.C. § 1901 et seq., is the Minnesota Indian Family Preservation Act, Minn. Stat.
§§ 260.751-260.835. Most of the proposed amendments deal with fundamental aspects of
the law that were overlooked in the original enactment of MIFPA in 1985 and the
reenactment of 1999. The amendments correct those instances where MIFPA did not meet
the federal minimum standards set forth in ICWA or where it reduced the level of efforts that
the federal law requires.
4. Minn. Stat. § 260C.215 Subd. 6(b) (Deference Statute) 108 KB PDF
Minnesota Code, Sections 260.751 to 260.835 may be cited as the "Minnesota Indian Family Preservation Act."
5. Minn. Stat. § 260C.215 Subd. 6(b) (Deference Statute) 102 KB PDF
MINNESOTA STATUTES 2002, CHAPTER 260C. COPYRIGHT 2002 BY THE OFFICE OF REVISOR OF STATUTES, STATE OF MINNESOTA.
6. Minn. DHS Social Services Manual XIII-3500 (Indian Children)
699 KB PDF
From a historical perspective, the majority of federal policies directed at American Indian people provided an experience that was extremely negative. In particular, both Indian tribes and child welfare professionals were critically concerned about the results of federal, state and local welfare policies in terms of the destruction of Indian families. Prior to 1978, Indian children were placed in foster care at a nationwide rate 10 to 20 times that for non-Indian children. These children often lost all connections with their families, extended families, tribes, and cultural heritage.
7. Minn. Gen. R. Prac. 10 (Full Faith and Credit of Tribal Court Orders)
144 KB PDF
MINNESOTA SUPREME COURT GENERAL RULES OF PRACTICE, RULE 10. TRIBAL COURT ORDERS AND JUDGMENTS.
Rule 10 is a new rule intended to provide a starting point for enforcing tribal court orders and judgments where recognition is mandated by state or federal law (Rule 10.01), and to establish factors for determining the effect of these adjudications where federal or state statutory law does not do so (Rule 10.02). The rule applies to all tribal court orders and judgments and does not distinguish between tribal courts located in Minnesota and those sitting in other states. The only limitation on the universe of determinations is that they be from tribal courts of a federally-recognized Indian tribe.
8. DHS Bulletin #04-68-10 (November 24, 2004) County Responsibilities For Children Under Tribal Court Jurisdiction. 129 KB PDF
When Congress passed the Indian Child Welfare Act in 1978, it recognized the right of a tribe to exercise tribal court jurisdiction in child custody proceedings involving Indian children. As tribal governments in Minnesota have increasingly exercised their jurisdiction, there has been some uncertainty about county responsibility for payment and services for children under the jurisdiction of a tribal court. This bulletin clarifies counties´ responsibilities, right to notice, and opportunity to be heard in tribal court proceedings when placement is sought through a county.
9. 2007 Minnesota Amended Tribal / State Agreement 4.42 MB PDF
Minnesota Tribal/State Indian Child Welfare Agreement as amended in 2007. The Minnesota law and its amendments emphasize the State's interest in supporting the preservation of the tribal identity of an Indian child and recognize tribes as the appropriate entities to provide direction to the State as to the best interests of tribal children. In addition, Minnesota child protection statutes must be construed consistently with the Indian Child Welfare Act.
10. Annotated ICWA and BIA Guidelines 542 KB PDF
Clear and concise notes regarding the scope and meaning of the Federal Indian Child Welfare Act and associated Bureau of Indian Affairs Guidelines for State Courts as they pertain to the ICWA. This is a high level outline of the laws governing the Indian Child Welfare Act Authored by Heidi A. Drobnick in 1999.
