The Indian Child Welfare Act (ICWA) was enacted in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. Studies revealed that large numbers of Native children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies. In fact, research found that 25%–35% of all Native children were being removed; of these, 85% were placed outside of their families and communities—even when fit and willing relatives were available. ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. ICWA only applies in state court child welfare proceedings and adoption proceedings. ICWA doesn’t apply to custody disputes between parents.
If you are involved in a case that involves in Indian Child contact our custody experts at 505-880-8737 or email us at info@JusticeLegalGroup.com.