The Bureau of Indian Affairs has released a series of frequently asked questions related to its recent final rule pertaining to Indian Child Welfare Act (ICWA) proceedings.
ICWA, enacted by Congress in 1978, governs state child-custody proceedings in multiple ways, including: (1) by recognizing Tribal jurisdiction over decisions for their Indian children; (2) by establishing minimum federal standards for the removal of Indian children from their families; (3) by establishing preferences for placement of Indian children with extended family or other Tribal families; and (4) by instituting protections to ensure that birth parents’ voluntary relinquishments of their children are truly voluntary.
