Indian Child Welfare Act
Indian Child Welfare Act, defined:
a federal law passed in 1978 that protects the rights of Native American children, families, and tribes. The Indian Child Welfare Act (ICWA) states that when placing a child of Native American heritage for adoption, preference should be given to an extended family member, a member of the tribe, a foster or adoptive family of Native American heritage, or a Native American institution. The tribe has the right to make decisions about the child's placement, and non-native families are considered for placement only as a last resort. ICWA adoption provisions do not, however, apply to every Native American child in foster care, especially in cases where the children's Native American birth parents are not registered tribe members or if the tribes formally give up their claim to the children.
Indian Child Welfare Act, as it might be used:
The court held that the law of domicile Congress used in the Indian Child Welfare Act cannot be one that permits individual reservation-domiciled tribal members to defeat the tribe's exclusive jurisdiction by the simple expedient of giving birth and placing the child for adoption off the reservation.
Indian Child Welfare Act may also be referred to as:
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Clear-Point Law Dictionary
