Indian Child Welfare Act (ICWA) Documents Archive
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) – HTML
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.
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