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History of the Indian Child Welfare Act
From the 1880s to the 1950s, numerous state and federal policies weakened or destroyed Indian tribal and family structures. In the late 19th and early 20th centuries, the federal government created a policy that forced Indian families to make their children leave their homes and tribes to attend government boarding schools. The boarding school practice all too often resulted in permanently severing the connection between Indian children, their families and ultimately their tribes.
From 1958 to 1967 the Child Welfare League of America (CWLA) contracted with the Bureau of Indian Affairs through the Indian Adoption Project for purposes of placing Indian children with white families. This effort to assimilate the children into mainstream culture through the destruction of their families resulted in several generations of Indian children losing their identities. In a keynote speech on April 24, 2001, Shay Bilchik, the Director of the CWLA, apologized for the CWLA’s role in these adoptions stating, “No matter how well intentioned and how squarely in the mainstream this was at the time, it was wrong; it was hurtful; and it reflected a kind of bias that surfaces feelings of shame, as we look back with the 20/20 vision of hindsight.”
From the 1950s through the 1970s, child protection practices remained prevalent and resulted in the needless removal of Indian children from their homes, often based solely on poverty due to the non-recognition of Tribal sovereignty. Tribes and extended families’ roles were seen as subpar in protecting the best interests of Indian children. The removals of Indian children from their Tribal homes, resulting in the deprivation of their connection to their family and tribal cultures. While the methods have varied the results have been consistent, in adolescence, these Indian children experience alarming rates of chemical dependency, suicide, and mental illness. They, their families, and their Tribes have never fully recovered from the broken relationships, broken ties to culture, and lost years as a result of the unwarranted removals.
In 1978 after years of Tribal advocacy, the United States Congress recognized the magnitude of this problem and passed the Indian Child Welfare Act (ICWA). ICWA addressed the unwarranted removal of Indian children from their families and tribal communities in alarming numbers. Congress recognized these practices destroyed the child’s connection to their families and tribal community, resulting in irreparable harm to the child and devastating communities. In response to this epidemic, Congress stated in 1978 that “the wholesale separation of Indian children from their families is perhaps the most tragic and destructive aspect of American Indian life today.” H.R. REP. 95-13896, at 9 (1978).
Purpose of the Indian Child Welfare Act
The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
Additional Resources
Indian Child Welfare Act (ICWA) | Indian Affairs (bia.gov)
25 U.S.C. Part 23 INDIAN CHILD WELFARE ACT
Guidelines for Implementing the Indian Child Welfare Act (bia.gov)
Resources for Service Providers » NICWA
Federal Register :: Indian Child Welfare Act; Designated Tribal Agents for Service of Notice