Does the law apply to people living away from Indian reservation?
Many believe that the law only applies to Indian children living on reservations…the law applies to ALL Indian children, wherever they may live. Therefore, it is important that child welfare workers assess ancestry of all children referred for neglect and abuse. If known, the child’s tribe must always be notified by certified mail of any court proceedings involving placing children in foster care, termination of parental or adoption. Where ancestry is not clear, the Bureau of Indian Affairs should be notified. How does the law work? First, ICWA means that every efforts will be made to try to keep families together. If removal is necessary, “active rehabilitative efforts” must be made to bring the families together. This means that everything possible must be done to help the families resolve the problems that led to neglect or abuse, including referral to services that are sensitive to the family’s culture If a child is removed, ICWA requires that child welfare agencies must actively
