Indian Child Welfare Act (ICWA)
ICWA is a federal law that sets guidelines and standards for state courts when custody/placement of an Indian child is being determined.
Final Rule
On June 8, 2016, the Bureau for Indian Affairs (BIA) released the Final Rule on the Indian Child Welfare Act (ICWA), the major federal law that
protects American Indian and Alaska Native children who come to the attention of the child welfare system and helps them stay connected to their
families, cultures and communities. These regulations are the first set of substantive regulations guiding the implementation of ICWA since the
law's passage in 1978.
The final regulations are intended to provide clarity and certainty in interpreting the law in a way that is consistent with Congress's
intent and other existing federal child welfare laws. The regulations are intended to also provide consistency in the implementation of ICWA
across all states. Further, the final regulations clarify the efforts needed to search for placements for American Indian and Alaska Native
children coming in contact with the child welfare system with family members, both Indian and non-Indian.
The new regulations are effective 180 days following the June 8, 2016 publication date.
Please see the following hyperlinks for additional information on the new ICWA regulations:
Background:
The original federal guidelines on ICWA operated for over 36 years, but fell short of the guidance public and private agencies and
state courts needed to provide uniform implementation of the law and provide much needed protections to American Indian and Alaska Native children.
In response to these challenges with implementing ICWA, the BIA published on February 25, 2015, ICWA Guidelines for state courts and agencies that took effect immediately. These Guidelines superseded and replaced the 1979 Guidelines and expand their application from just state courts to state courts and child welfare agencies. Unlike regulations, guidelines are advisory only and not binding.
New ICWA Guidelines
The updated Bureau of Indian Affairs (BIA) Guidelines for State Courts and Agencies in Indian Child Custody Proceedings promote compliance with ICWA's
stated goals and provisions by providing a framework for State courts and child welfare agencies to follow, as well as best practices for ICWA compliance.
These guidelines became effective on February 25, 2015.
Indian Child Welfare Act of 1978
Measuring Compliance with the Indian Child Welfare Act: An Assessment Toolkit
The National Council of Juvenile and Family Court Judges (NCJFCJ) provides this toolkit for the state courts to assess their current compliance with ICWA.
The Toolkit identifies strengths and weaknesses of different data collection approaches, provides sample tools or questions for the sites, and identifies
resources and examples of putting this into practice. If you have any questions or would like additional information about measuring ICWA compliance in your
jurisdiction, you can e-mail the research team at research@ncjfcj.org.
Frequently Asked Questions about ICWA
The National Indian Child Welfare Association is a national voice for American Indian children and families. They are a comprehensive source of information
on American Indian child welfare and the only national American Indian organization focused specifically on the tribal capacity to prevent child abuse and neglect.
Washington State Indian Child Welfare Act - RCW 13.38
In 2011 the legislature enacted the Washington State Indian Child Welfare Act to clarify existing laws and codify existing policies and practices regarding
Indian child welfare. The state law also defines terms such as "active efforts," "best interests," and "qualified expert witnesses".
