About ICWA
The Indian Child Welfare Act protects Native American children and keeps families together. ICWA ensures children can stay with family, relatives and within their tribal community— a proven and essential component of nurturing their cultural identity and ensuring the health and welfare of tribes. Today, ICWA is in jeopardy.
The Impact
We need ICWA because keeping Native American children within their tribe is an essential component of nurturing their cultural identity and ensuring their health and welfare within the tribes. ICWA is especially significant as it sets specific rules designed to make sure Native American children and families involved in child welfare proceedings receive culturally appropriate services and protections. As stated by the National Indian Child Welfare Association, “ICWA promotes connection to culture, elders, and community, thus promoting resiliency and well-being [of the child].” We need ICWA because keeping Native American children within their tribe is an essential component of nurturing their cultural identity and ensuring their health and welfare within the tribes. ICWA is especially significant as it sets specific rules designed to make sure Native American children and families involved in child welfare proceedings receive culturally appropriate services and protections. ICWA is considered the gold standard of the child welfare practice by the nation’s most respected child advocacy organizations, such as National CASA (Court Appointed Special Advocates) Association, the National Association of Social Workers and the Casey Family Programs.
In November 2022, the U.S. Supreme Court will hear arguments on ICWA’s constitutionality in Brackeen v. Haaland. Tribes, legal and child welfare experts, and elected officials from across the political spectrum continue to speak out in support of ICWA and warn against the serious dangers of overturning the law, which would damage tribal sovereignty, undermine congressional authority, and hurt children. Read the latest news on the case and statements from Protect Indian Kids at our newsroom page.